Bernard Durkan (Kildare North, Fine Gael)
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Question 285: To ask the Minister for Social and Family Affairs when he will meet with the sufferers of pneumonocosis with a view to addressing their concerns; and if he will make a statement on the matter. [43605/06]

Bernard Durkan (Kildare North, Fine Gael)
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Question 287: To ask the Minister for Social and Family Affairs if he will review the qualification guidelines for payment of occupational injury with a view to awarding payment to all sufferers of pneumonocosis regardless of the extent to which they are deemed to have contracted the illness; and if he will make a statement on the matter. [43607/06]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 285 and 287 together.

Pneumoconiosis is a prescribed disease for the purpose of the Occupational Injuries scheme administered by my Department. The legislation governing the Occupational Injuries Scheme provides entitlement to benefit for persons suffering from certain prescribed diseases which are listed in the legislation and where that person has contracted that disease in the course of their employment.

Where a person has contracted one of the diseases listed in the legislation, benefits are payable if they were employed in an occupation which is specifically prescribed in relation to that disease. In addition, benefits may be payable if the claimant can show that the disease was contracted through an employment not specifically prescribed in relation to that disease.

Employment under a contract of service as a miner is insurable for Occupational Injuries Benefit under the Social Welfare Acts. Miners who are unable to work due to an accident arising from their employment may be entitled to occupational injury benefit for the first 26 weeks of their claim. If their incapacity extends beyond that period they may receive Disability Benefit or Invalidity Pension, subject to meeting the qualifying conditions for these payments.

Miners may be entitled to Disablement Benefit if they suffer a loss of physical or mental faculty as a result of an accident at work or a disease prescribed in legislation that they contracted at work.

Medical assessments are undertaken in all such cases to determine the degree of disablement, which is calculated by comparison of the state of health of the applicant with a person of the same age and gender.

Persons claiming Occupational Injuries Benefit in cases of Pneumoconiosis are referred to Consultant Respiratory Physicians in the first instance for an examination and report. This examination consists of a clinical assessment and pulmonary function testing (PFT). Disablement benefit is awarded on the basis of the consultant's report, including the pulmonary function test result. The degree of disablement is expressed as a percentage of loss of faculty and the compensation payable varies accordingly.

Loss of faculty may be determined within a range of less than 1% to 100%, depending on the severity of the condition. With regard to the 21 persons currently in receipt of disablement benefit as a result of contracting pneumoconiosis arising from their occupation, the percentage of disablement assessed ranges from 8% to 90%. A person must be assessed as having a minimum of 20% loss of faculty before they may be considered as being incapable of work due to their disablement.

The arrangements which apply to pneumoconiosis under the occupational injuries scheme are in line with practice elsewhere and there are no plans at present to change those arrangements. My officials will be glad to meet with representatives of the group involved to discuss any concerns in relation to the present arrangements.