Dessie Ellis (Dublin North West, Sinn Fein)
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37. To ask the Tánaiste and Minister for Social Protection the criteria required to make a claim for compensation by a person who has been effected by asbestos exposure; the legislation that covers such compensation; and if she will make a statement on the matter. [38450/15]

Joan Burton (Dublin West, Labour)
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The Department manages the Occupational Injuries Benefit Scheme, a range of benefits for people injured or incapacitated by an accident at work or while travelling directly to or from work. The scheme also covers people who have contracted a disease as a result of the type of work they do. There are a number of benefits available – the principal ones being injury benefit and disablement benefit - and there are different conditions attached to each benefit. A person who develops asbestosis (pneumoconiosis), a prescribed illness, may claim injury benefit or if they return to work, disablement benefit.

The scheme has its statutory basis in Chapter 13 of the Social Welfare (Consolidation) Act, 2005 and S.I. No. 102 of 2007, (main regulations).

Since 1990 the scheme has been funded from the general Social Insurance Fund and employers pay a certain percentage of PRSI to cover payments from this scheme.

Injury benefit is payable to an insured person who suffers a personal injury caused by an accident arising out of and in the course of his or her insurable employment. Payment is normally made from the 7th day of incapacity for work. Injury benefit can be paid for up to 26 weeks from the date of the accident or development of the disease. If the accident or disease causes a person to lose physical or mental ability he/she may apply for disablement benefit before injury benefit ceases. If a person is still unfit for work after 26 weeks he/ she may apply for illness benefit or disability allowance.

Disablement benefit is payable to an insured person who suffers a loss of physical or mental faculty as a result of an occupational accident or a prescribed occupational disease. It can be paid to a person who has a loss of physical or mental faculty because of an accident at work, an accident travelling directly to or from work, or a prescribed disease contracted at work. However, payment is only made where the level of disablement following the accident or disease is assessed at 15% or more.