Derek McDowell (Labour)

The Tánaiste's comments are interesting because the section deals with vulnerable people but people who are not obviously vulnerable might make a mistake during the process. Even the relatively simple business of filling out forms can become confused and people might not realise if they get two medical reports that the second one has to be passed on because they do not appreciate its importance. They could end up with an incorrect assessment because they have not given the best possible evidence to the board.

The section envisages that if the assessor realises this is happening, he will contact the claimant and tell him or her to submit the best possible evidence. In normal cases involving a claimant who is not transparently vulnerable, there should a reminder process that need not deal with legal advice where an assessor will tell that person that he has not submitted the best possible evidence or medical reports and that it is in his interest to do so.