Written answers

Thursday, 9 September 2021

Department of Employment Affairs and Social Protection

Social Welfare Eligibility

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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684. To ask the Minister for Employment Affairs and Social Protection the details of the operation of the recovery and benefit assistance scheme in cases in which payments by an insurance company to a person take into account payments that her Department would have made to the person arising from the original injury or claim; if such recovery arrangements are in place in respect of a category of payment (details supplied); and if she will make a statement on the matter. [42077/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Recovery of Benefits and Assistance (RBA) Scheme recovers the value of certain illness-related social welfare payments from compensation awards made to a person as a consequence of personal injuries claims.

Where a compensator intends making a compensation payment to a person as a consequence of a non-fatal personal injury, the compensator must pay the Minister for Social Protection an amount equal to the illness-related social welfare payments that have also been paid as a consequence of that personal injury. A compensator must pay any recoverable benefits and assistance due to the Minister before making a compensation payment to the injured person.

The amount is recovered from the compensator as they are the liable entity.

The specified benefits recoverable under the RBA Scheme are:

- Illness Benefit

- Partial Capacity Benefit

- Injury Benefit

- Disablement Benefit Incapacity Supplement (that is, the increase of disablement pension payable where a person is permanently incapable of work as a result of an occupational accident or disease and does not qualify for any other social welfare payment)

- Invalidity Pension

- Disability Allowance

- Supplementary Welfare Allowance

The Pandemic Unemployment Payment is not a recoverable benefit under the Scheme.

I trust this clarifies the position for the Deputy.

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