John McGuinness (Carlow-Kilkenny, Fianna Fail)
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246. To ask the Minister for Social Protection if he will reopen an application for benefit in respect of a person (details supplied) with a view to granting them the benefit; and if he will expedite a positive response. [38802/16]

Leo Varadkar (Dublin West, Fine Gael)
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Disablement benefit is one of the payments under the occupational injuries benefit scheme operated by my Department. It covers people who are or were engaged in employment that is/was insurable for occupational injuries and who suffer a loss of physical or mental faculty as a result of an occupational injury or prescribed occupational disease.

The scheme was introduced and took effect from 1 May 1967. Only injuries or diseases occurring on or after that date are covered under this scheme.

The person concerned made an application for disablement benefit in respect of a disease he contracted from employment that ceased prior to 1 May 1967.

As he was not engaged in insurable (occupational injuries) employment at the time that the disease was contracted, his application for disablement benefit was disallowed. The person concerned appealed the decision but the appeal was disallowed by the independent Social Welfare Appeals Office .

Under Social Welfare legislation, the decision of an appeals officer is final and conclusive and may only be reviewed in the light of relevant additional evidence or new facts.

I hope this clarifies the matter for the Deputy.