Bernard Durkan (Kildare North, Fine Gael)

I thank the Ceann Comhairle for affording me the opportunity to raise this matter. This is a particularly tragic story and I thought the Minister for Social and Family Affairs would have been here in person to address it, although that is no reflection on the Minister of State, Deputy Killeen.

This is the story of a man and his wife who were self-sufficient. He worked in this country for a number of years, for the ESB and for several other employers. He then emigrated to Canada, where he also worked for a number of years. Then, tragically, he suffered a stroke and had to return home. All his family's aspirations had to go by the board. He did not even have a home when he returned from Canada. His case was first brought to my attention in May or June of last year and I tabled a question to ascertain why he was not in receipt of an invalidity pension, to which he was entitled. His wife had been told that he was not entitled to the payment because he did not meet the usual requirements. However, from my knowledge of the social welfare law, I believed he was entitled to a pension and, indeed, he eventually received the payment when a decision was made to award him the invalidity pension.

Subsequently, it transpired that he may have had an entitlement to an invalidity pension back-dated to 2001. He was living in this country at that time, was eligible and should have qualified. I tabled a parliamentary question to that effect, only to be informed that the first decision made in his case was made in error. The Ceann Comhairle, being a medical practitioner, would have questions to ask in the face of such a decision. I also have questions to ask because I believe it is an appalling decision. Apart from that, however, it is also a wrong decision, based on social welfare law.

In the original decision, consideration was given to the awarding of 14 contributions which related to the 2001 tax year and the rounding up and down of figures for that short tax year. Somebody determined that this should not be calculable from the point of view of qualification. That decision is wrong in law and there is no basis for it. Once contributions have been awarded, they are calculable. An appalling injustice has been done to this unfortunate man and his family as a result of a callous decision which the Minister of State, Deputy Killeen, and the Minister for Social and Family Affairs, Deputy Brennan, would not allow had they been aware of it. If I were in the Minister's position, I would not allow it. Indeed, I was in that situation previously, as one invariably is when one holds that portfolio.

I know what the answer will be to my question today. The Minister of State does not even have to read out the response, I could quote it for him. A severe injustice has been done to the individual concerned. It behoves the Minister to ask for the file and to order the upholding of the original decision.

This is the least to which this unfortunate man is entitled and I ask the Minister of State to do so.

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