asked the Minister for Social Welfare whether he is aware that a certain claimant for unemployment benefit in the Dungarvan area has been refused benefit on the grounds that he is ineligible for payment as he has been submitting certificates of unfitness for work to the national health section of his Department, andthat the national health section refuse to pay disablement benefit for the same period on the grounds that he had been found capable of work by the district medical referee appointed by the Department; and, if so, if he will state whether this applicant will get either his unemployment benefit or his disablement benefit when the Department decide whether or not he is capable of work.
Ceisteanna—Questions. Oral Answers. - Unemployment Benefit Claim (Dungarvan).
The claimant to whom the Deputy refers claimed disability benefit and unemployment benefit in respect of the period from 3rd February, 1953 to 20th April, 1953. In connection with his claim to disability benefit, he furnished medical certificates of incapacity for work, while, in connection with his claim to unemployment benefit, he stated that he was capable of work. Following examination by the district medical referee his claim to disability benefit was refused on the grounds that he was not incapable of work. He appealed against that decision and his appeal has been submitted to an appeals officer. His claim to unemployment has been referred to the appeals officer for decision. Both claims will, therefore, be decided by the appeals officer who will hear the case in Waterford. The claimant will be given an opportunity of attending the hearing.
The Deputy is no doubt aware that unemployment benefit and disability benefit cannot be paid for the same period.
The Deputy is very well aware of the conditions, but the point is whether this claimant will get one or the other. The Department cannot have it both ways. Either he is fit or he is not fit. If he is fit for work, he is entitled to unemployment benefit; if he is not fit for work, he is entitled to disablement benefit. Will the Parliamentary Secretary give an assurance that, when the decision is finally come to, he will get one or the other? There is an important principle involved.
There is a principle in it, of course, and the appeals officerwill decide that. That is what the appeals officer is for.
Will the Parliamentary Secretary say categorically that he will get one or the other—I do not mind which?
I will not say any such thing—the appeals officer will say that.