Eric Byrne (Dublin South Central, Labour)
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148. To ask the Minister for Social Protection further to Parliamentary Question No. 41 of 6 November 2014, if she will clarify the situation; and if she will make a statement on the matter. [44261/14]

Joan Burton (Dublin West, Labour)
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As outlined in my previous reply on 6 November last, the Recovery of Benefits and Assistance (RBA) scheme commenced on 1st August 2014 and requires that a compensator (generally an insurance company) must apply for a statement of recoverable benefits, before making a payment to an injured person in respect of a non-fatal personal injury.

In relation to the specific recommendation being made here regarding determination of “loss of earnings”, I should clarify that the manner in which “loss of earnings” is determined is not a matter for the Department but is decided by the parties involved in the settlement and may, where necessary, ultimately be determined by the Courts.

I would reiterate that there is ongoing monitoring and evaluating of this scheme which is only in operation for a short period and any future changes will be considered in the light of this ongoing evaluation.