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Dáil Éireann díospóireacht -
Tuesday, 5 Feb 2002

Vol. 547 No. 3

Written Answers. - Social Welfare Appeals.

Seán Ryan

Ceist:

286 Mr. S. Ryan asked the Minister for Social, Community and Family Affairs if an appeal by a person (details supplied) in County Dublin to have the degree of disability increased will be allowed; and if the outcome will be backdated to 1998. [3142/02]

In 1989 the person concerned was awarded disability benefit at the rate of 30% for life in respect of loss of faculty arising from injuries resulting from two occupational accidents, one in 1976 and one in 1981. He is also in receipt of invalidity pension from my Department in respect of his incapacity for work.

The person concerned was in contact with my Department regarding a review of the loss of faculty assessment and his legal representatives sought a review of the award on the grounds of the deterioration in his condition.

Following consultation with the Department's chief medical adviser, a decision was made by a deciding officer disallowing a review. He appealed the decision and, arising from the appeal, the degree of disability was increased by an appeals officer to 50% with effect from 21 July 1999, and the person concerned was notified of this decision. The person's legal representatives are in further correspondence with the appeals office regarding the date from which the revised assessment should apply.

Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

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