Joan Burton (Dublin West, Labour) | Oireachtas source

Regarding the recovery positions, the claimant will already have received their social welfare entitlements and the legislation is dealing with recovery of these benefits that have already been paid from compensation where appropriate. The appeal process covered in section 13(c) relates specifically to questions as to whether the benefits the Department is seeking to recover are covered by the scheme. Essentially, this is an appeal of the decision relating to a question of whether the claim for the social welfare benefit has arisen from the same accident or injury that has given rise to a compensation claim.

The new appeals provision being provided for in this Bill does not affect the rights of any welfare claimant to appeal a decision regarding entitlements to these benefits. They are two different things. One is dealing with the compensator and the recovery of the funds whereas the other is dealing with the entitlement of the person who has been the subject of an injury to claim social welfare benefits.

It is anticipated that any difficulties that may arise in regard to the recoverable benefits and periods specified in the statement of recoverable benefits will be remedied through the review process and that the Department will be carrying on as this scheme is implemented. This is a new scheme for Ireland and I appreciate the point made in the FLAC submission that the scheme is of necessity complex because it is dealing in insurance matters but we will keep it under review. It has been strongly recommended by PIAB and by the Law Reform Commission. We have closely followed the experience of the United Kingdom and Northern Ireland in regard to this also.