Employment under a contract of service as a miner is insurable for occupational injuries benefit under the Social Welfare Acts. A person who is unable to work due to an incapacity arising from his-her employment may be entitled to occupational injury benefit for the first 26 weeks of their claim. If their incapacity extends beyond that period they may receive disability benefit subject to meeting the qualifying conditions for that payment.
A person may be entitled to disablement benefit under the occupational injuries scheme if they suffer a loss of physical or mental faculty as a result of an accident at work or a disease prescribed in legislation that they contracted at work. The degree of disablement is calculated by comparison of the state of health of the applicant with a person of the same age and gender. The degree of disablement is expressed as a percentage, loss of faculty and the compensation payable varies accordingly.
Where a person has contracted one of the diseases listed in the legislation, benefits are payable only if they were employed in an occupation which is specifically prescribed in relation to that disease due to the nature of that employment. The legislation describes, in relation to each of the listed diseases, the occupations where in normal circumstances there would be a reasonable presumption that the disease was work related. Medical assessments are undertaken in all such cases to determine the degree of disablement and the rate of benefit payable is based on this.
A number of former miners have sought disablement benefit payments. Miners who contracted pneumoconiosis are entitled to occupational injury benefit and may also receive disablement benefit. Chronic Obstructive Pulmonary Disease (COPD) is not a recognised disease for this scheme. However, any award of disablement benefit will reflect the presence of COPD.
Where a person has qualified for occupational injuries benefits, the rate of benefit payable increases on an annual basis in line with the normal social welfare budget increases. In addition, where a person feels that his/her occupational injury has deteriorated since the assessment was made under the scheme, it is open to that person to apply for a review of the percentage calculated. If it is successfully demonstrated that this is the case, the disablement percentage assessed will be raised and the pension payable will consequently increase.
Where a disablement pensioner is incapable of work as a result of their occupational accident/disease and does not qualify for any other social welfare payment an income support payment, unemployability supplement, is paid as an increase to the disablement pension.
Additionally, where a disablement pensioner is in need of care a constant attendance allowance can be paid weekly as an increase to a disablement pension. This is payable to persons who are so seriously disabled as to need someone to help them daily at home to attend to their personal needs for a period of at least six months. The award of the allowance is based on the recommendation of the Department's medical advisor. To qualify for this payment the person must be in receipt of a disablement pension of 50% or over.