Dáil Éireann díospóireacht -
Tuesday, 10 Jul 1990

Vol. 401 No. 4

Written Answers. - Social Welfare Benefit.

Michael Barrett

Ceist:

139 Mr. M. Barrett asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 9 who appeared before a medical referee on 26 June 1990 was declared as being fit to take up employment, in view of the fact that on 16 November, 1989 another medical referee decided that the person was incapable of work and awarded him a disablement pension for life; if he will restore the disability benefit and have it back-dated; and if he will make a statement on the matter.

Minister for Social Welfare (Dr. Woods)

The decision in November 1989 related to an assessment for disablement pension in respect of an accident at work in 1981. The factors taken into account in determining disablement pension are all the disabilities or loss of faculty, whether or not involving a loss of earning power, to which a claimant is subject as compared with a person of the same age and sex in normal health.

Disablement benefit is payable whether or not a person is otherwise fit for work. The fact that a person has been awarded a disablement pension for life would not necessarily mean that he is incapable of work, or that he would not be subject to the normal reviews for claimants in receipt of disability benefit.

The person concerned was awarded a disablement pension in 1982 as a result of the accident in 1981. The rate of pension has varied over the years as the ensuing condition appeared to disimprove and improve. He is currently being paid at a reduced rate of £27.40 per week, because he is considered to be partially suffering from a disability or loss of faculty.

He has also been in receipt of disability benefit since 1982. In connection with receipt of this benefit he was examined by a medical referee on 28 June 1990 who expressed the opinion that the person concerned was capable of work. Payment of disability benefit was therefore disallowed from 9 July 1990.

The representations made have been treated as an appeal on the person's behalf and arrangements are being made to have him examined by a different medical referee. His claim will then be reviewed in the light of that medical referee's report.