Michael Creed (Cork North West, Fine Gael)
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340. To ask the Minister for Health the circumstances where the families of recently deceased victims of symphysiotomy can establish an entitlement to redress under the scheme of redress as announced; and if he will make a statement on the matter. [3311/15]

Leo Varadkar (Dublin West, Fine Gael)
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Section 38 of the Terms of the Symphysiotomy Payment Scheme, states that the right to seek payment under the terms of the Scheme is personal to the Applicant and is therefore contingent on the Applicant being alive to accept the offer of any award. If therefore, an Applicant dies at any time after application and before she has accepted an award, the claim shall lapse and the Applicant’s estate and her spouse and/or members of her family shall not be entitled to any award or payment under this Scheme. In these circumstances, the Assessor retains discretion regarding payment of the costs of the Application where the Applicant has retained a solicitor. The Assessor’s decision under this paragraph shall be final and not subject to appeal.

Section 39 of the Terms of the Scheme states that if an Applicant has accepted an award and has satisfied all the other conditions of acceptance but dies before payment of the award has been made by the Minister, then such award shall upon her death become payable to her estate and be recoverable in due course by her legal personal representative(s) as a simple contract debt due by the Minister to the Applicant's estate.

I hope this clarifies the matter for you.