Shane McEntee (Meath East, Fine Gael)

I thank the Senator for raising this issue. There is frustration among members of all parties. I have no doubt, however, that the Minister will strive to improve the position, particularly as the number of decisions overturned on appeal does not make sense. We must work hard to deal with the matter.

I am replying on behalf of the Minister for Social Protection. With regard to the medical criteria used in qualifying for disability allowance, a person must be suffering from a medical condition which has continued or may reasonably be expected to continue for a period of at least one year and, as a result of the condition, the person must be substantially restricted in undertaking work which would otherwise be suitable, having regard to the person's age, experience and qualifications. In the case of invalidity pension, a person must have been incapable of work for at least 12 months and be likely to be incapable of work for at least a further 12 months, or permanently incapable of work. In the case of carer's allowance, the person receiving care must require full-time care and attention. The person receiving care is regarded as requiring full-time care and attention where he or she is so incapacitated as to require continuous supervision in order to avoid danger to himself or herself or continual supervision and frequent assistance throughout the day in connection with normal bodily functions, and is so incapacitated as to be likely to require full-time care and attention for a period of at least 12 months.

The medical assessment of eligibility for illness and disability-related schemes is determined by the Department's medical assessors. These are fully qualified medical practitioners who have experience and training in the field of disability and occupational medicine. Medical assessments are made in accordance with the Department's evidence-based medical guidelines and protocols.

Applicants for illness and disability-related schemes are afforded every opportunity and encouraged to furnish all medical evidence available to them in support of their claims at the time of claim. In the case of disability allowance and carer's allowance, the applicant's or caree's GP or consultant is required to certify the nature of the illness as part of the application process. In the case of invalidity pension, most claimants transfer from illness benefit where medical records will already be available to the Department.

All medical evidence furnished by the applicant is considered during the assessment, but, in some cases, despite the Department's advice to claimants that they submit all medical evidence at claim stage, complete medical evidence is furnished only at appeal stage. As an indication of the level of appeals, in 2011 in the case of disability allowance, there was an appeals rate of some 23%, while in the case of invalidity pension and carer's allowance, there were appeals rate of some 13%.