asked the Minister for Social Welfare if in view of the hardship caused to injured workers who are compelled to repay to the Social Insurance Fund benefits received by them pending settlement of their claims for compensation under the Workmen's Compensation Acts, he will take steps to abolish such requirement, particularly in view of the fact that such workers pay weekly insurance premiums to entitle them to such benefits.
Ceisteanna—Questions. Oral Answers. - Workmen's Compensation Claims.
6.
Mr. Ryan
The purpose of making advances of disability benefit to an injured insured person pending the settlement of his claim for compensation under the workmen's compensation Acts is to alleviate any hardship that may exist due to loss of earning power in the interval between the accident and the settlement. The advances are refundable if the compensation claim is successful and insured persons are made aware of the fact that benefit is advanced on this condition.
The schemes of workmen's compensation and disability benefit are designed to replace loss of earning power due to incapacity. If, therefore, advances of disability benefit were to be retained by a successful claimant to compensation, the effect would be that he would receive double payment in respect of his incapacity. This would place him in a better position than a person who is paid his weekly compensation immediately following an industrial accident and in whose case disability benefit is not payable.
As all aspects of workmen's compensation are, at present, being examined by a commission, I do not propose to take any action in matters of this nature until I have received the commission's report.
Does the Minister appreciate the difference in payments where sickness benefit enters into the question? For example, a man injured in the course of his employment who has a wife and, say, five dependent children, would, if he were receiving sickness benefit, receive substantially more than the maximum of £4 10s. from workmen's compensation.
That might be, but the position is that a commission has been appointed to examine into this matter. It would be quite wrong for me to make any change until I have their report.
I appreciate that the Minister must await the recommendation of the commission before he can make any change in the position in regard to workmen's compensation. I have come across the case of a man who, if he were on sickness benefit, would receive £5 12s. 6d. but, being on workmen's compensation, receives £4 10s. Could the Minister not introduce legislation whereby such persons can get the balance from the insurance fund?
I shall have that examined.
Will the Minister bear in mind that if a protracted time elapses between the initiation of the proceedings under workmen's compensation code and the final award, if a man is obliged to refund the social service payments advanced, a situation can be created in which there has been dissipated away in weekly payments over the period of litigation a large part of the sum intended as a kind of capital endowment to provide for his future? I do not say it is not a difficult problem. Perhaps the Minister would require those examining this matter to look at the question at least from this angle?
There is a point there. I feel that the commission with its wide terms of reference have already examined that. All I can do is to await their report.
The expenses do not come out of the actual award?
Quite frankly, I do not know that particular aspect of the——
If they are advanced the money, they have to pay it back.