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Dáil Éireann díospóireacht -
Thursday, 23 Oct 1969

Vol. 241 No. 10

Ceisteanna—Questions. Oral Answers. - Disability Benefits.

121.

asked the Minister for Social Welfare if he is aware of a grave anomaly in relation to the payment of disability benefit, in that people who are disabled from work for longer than a year, but have not got 156 contributions paid in respect of insurable employment during their lifetime at work, are required by present regulations to re-enter insurable employment, although certified unfit for work, in order to qualify for further disability benefit; and if he will consider amending the regulations.

It is a normal feature of insurance schemes that certain contribution conditions must be fulfilled before title to benefit is acquired. A person insured under the Social Welfare Acts becomes entitled to payment of disability benefit when 26 employment contributions have been paid in respect of him. When he has been paid benefit for 52 weeks his title ceases until he resumes insurable employment and has 13 contributions paid in respect of him, which entitle him to a further 52 weeks benefit. A person who has 156 employment contributions paid in respect of him is entitled to disability benefit for an unlimited period.

Employment contributions under the Social Welfare Acts are, of course, reckonable for other benefits—unemployment benefit, widows' and orphans' contributory pensions, old age contributory pensions and treatment benefits. I would point out to the Deputy that a lifetime at work is not necessary in order to accumulate 156 contributions. In the case of the vast majority of insured workers this is normally achieved after three years. I cannot accept that a condition requiring an insured person to have paid a minimum of 156 contributions before becoming entitled to disability benefit for an unlimited period is, as the Deputy implies, unreasonable and I do not, therefore, propose to introduce the legislation which would be necessary to alter it.

Does the Minister not consider it rather unfair that a man should be denied disability benefit after a year out of work and that he should be able to get that disability benefit only by going back into insurable employment at a time when he is, in fact, receiving medical certificates to the effect that he is unable to work? In other words, to get paid for not being able to work the Minister is asking the man to go back to work. Surely that is both anomalous and unjust.

It is not. It is a normal, inherent feature of any insurance scheme that there be certain conditions. In the case to which the Deputy refers the contribution conditions have not apparently been fulfilled. Such conditions are a fundamental feature of any insurance scheme.

122.

asked the Minister for Social Welfare why a person in County Kerry (name supplied) has been refused payment of disability benefit.

The person referred to by the Deputy claimed disability benefit from 6 Meán Fómhair, 1967. He was paid benefit for a period of 52 weeks to 6 Meán Fómhair, 1968 when he ceased to be entitled to benefit as he has less than 156 employment contributions paid in respect of him under the Social Welfare Acts.

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