Oireachtas Joint and Select Committees

Wednesday, 29 April 2015

Joint Oireachtas Committee on Education and Social Protection

Medical Eligibility Criteria for Social Protection Payments: Discussion

1:00 pm

Ms Catherine Kellaghan:

I would like to add to that. The Department's view is that the review is ongoing. We are using much of the learning from the domiciliary care allowance review. I do not think it is necessary to go through that process again. Many of the issues are common. I am looking at my scheme in light of the domiciliary care allowance recommendations. I have made changes already and others are in train. We certainly intend to move forward with that. We are in regular consultation with the Carers Association. We keep in touch there.

I would like to address the perception that a greater weight is assigned to physical disability on the forms. While just one, two or three questions on the ability-disability profile might relate to mental illnesses or learning difficulties, etc. - Dr. Singh can give the committee more information in that respect - the medical assessors have many protocols on the various types of mental illnesses, learning difficulties or intellectual disabilities. There is an a lot underneath the ability-disability profile that is used to guide the medical assessors in their assessments. There is a perception that it is weighted towards the physical rather than the mental, but it is just a perception.

It is the European norm to do assessments at the desk rather than in person. We receive a huge number of applications every year. We receive between 80,000 and 90,000 applications across carer's allowance, invalidity pension and disability allowance each year. It is very large. The suggested change would not make the best use of medical assessors' resources. The Department believes appropriate determinations can be made at the desk where it receives sufficient information, where reports are filled in by general practitioners or doctors and where applicants supply everything available to them in support of their applications. As each deciding officer is independent in his or her views, he or she can suggest there might be an in-person meeting if he or she feels that is needed for decision-making purposes. Generally, there is no requirement for that.

Deputy O'Dea asked why or how a deciding officer might overrule a medical assessor. When a deciding officer is considering a person's eligibility, he or she makes a holistic decision on all aspects of the claim. The officer takes everything into account, whereas the medical assessor might give his or her opinion on a more limited set of criteria. The opinion of the medical assessor is just one part of the evidence that the deciding officer takes into account. That might account for occasions when the deciding officer makes a decision that would be in favour of the claimant. I want to make it absolutely clear that it is not the practice for a deciding officer to overrule a medical assessor in terms of medical eligibility where it is not in favour of the claimant.

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