Delay in occupational injury benefit
The claimant’s injury benefit was authorised after inquiries; she could not receive disability benefit while those inquiries proceeded because she lacked the required contributions. The Minister explains that occupational injury benefit has no contribution conditions, and Griffin says he had repeatedly sought action from the Department.
asked the Minister for Social Welfare the reason for the long delay in paying injury benefit to a person (details supplied) in County Tipperary; and when payment will be made.
Comment on this
The person concerned claimed occupational injury benefit in respect of an accident at work on 18 January 1982. Normally, in such cases payment of disability benefit is allowed pending inquiries as to the nature and origin of the accident but as the claimant had fewer than the required minimum of 26 contributions paid or credited in the 1980-81 contribution year she was not qualified for such payment.
On completion of the inquiries regarding the occupational injury, payment of injury benefit was authorised from 18 January 1982 and arrears of injury benefit due, less an amount refunded to the South-Eastern Health Board in respect of supplementary welfare allowance advanced, was issued to the claimant on 21 April 1982. Payment of injury benefit has continued and all benefit due to 6 May 1982 has been paid.
Comment on this
I should like to inform the Minister that it is only as a last resort I put down questions like these, after repeated phone calls and letters to the Department to try to get satisfactory action.
Comment on this
Generally speaking, the written reply procedure would cover that situation. The problem in this case is that there are no contribution conditions for occupational injury whereas there are for disability benefit and the only alternative was to provide supplementary allowances. I accept that that can be slightly confusing when it occurs because it is not normal. But if one does not have contributions in for disability one does not get disability benefit. That was the case here. But one can be entitled to occupational injury benefit without any contribution conditions. The fact that one is working and has an accident at work means one can get occupational injury benefit. There is a different process of establishing that there was an injury and that it happened at work. In that sense it is a slightly unusual situation and the only other remedy was supplementary welfare in the interim.
