asked the Minister for Social Welfare why an applicant (details supplied) was not paid under the Occupational Injuries Act for injury received to his knee at work and which resulted in his being unable to work from 14th June to 4th September, 1973.

The person referred to by the Deputy claimed disability benefit in June, 1973 in respect of incapacity certified as "bursitis of knee" and was paid this benefit for the period of his incapacity from June to September, 1973. Following representations made on his behalf in October 1973 regarding his entitlement to benefit under the occupational injuries scheme in respect of the period for which he had been paid disability benefit, an injury benefit claim form was sent to him for completion. When this form was returned it was erroneously filed with the disability benefit claim papers and did not again come to notice until December, 1975. Necessary inquiries from the claimant's employer regarding the origin of the incapacity have now been completed and it has been decided that injury benefit is payable to the claimant in respect of the period in question. The amount of disability benefit already paid in respect of the period has been treated as paid on account of injury benefit and a cheque for the balance has been issued.

Did the Parliamentary Secretary say that this unfortunate man was two years waiting and that it has now been decided that he was entitled to payment during that two-year period?

Yes, The circumstances were that he applied in 1973 for disability benefit. That was paid and after he had returned to employment he queried his right to benefit under the occupational injuries scheme. A form was sent to him and when the form was returned a mistake was made in the Department and it was filed with the disability benefit claim and taken as a closed claim. Inquiries were reactivated in December, 1975. We heard nothing in between.

That is what I want to know. Was there no question raised in between?

No, not until December, 1975 when the matter was raised again. It was then discovered that it had been misfiled.

Could the Parliamentary Secretary say if there are many cases of such circumstances arising in the Department?

None that I am aware of.

But there could be many? The Parliamentary Secretary does not know, which means that somebody could be out of benefit for two years.

The person who is pursuing the benefit would, in the vast majority of cases I imagine, reactivate the claim if he had not heard anything from the Department. That did not happen in this case until nearly two years had elapsed.