Mary Harney (Dublin Mid West, Progressive Democrats)

While I do not know the answer, I presume one's court entitlements are not affected. I will have to take advice on this point. When the PIAB issues its determinations and the claimant accepts it, it is closed. If something unknown were to arise later, I do not think it could be reopened. I will seek legal advice on what court rights claimants will have in such circumstances. I will examine whether claimants have forfeited all their court rights as a result of accepting an assessment from the PIAB.

We earlier dealt with the issue of the PIAB sending cases to court or giving one an authorisation to do so as it cannot deal with the case. However, I do not think this is the type of case Senator Mansergh is talking about. If the PIAB realises it is not a case it can deal with, perhaps for reasons of the medical consequences, the board will send the case to the courts. The Senator is talking about a different type of case. I do not know what currently happens—