Catherine Connolly (Galway West, Independent)
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416. To ask the Minister for Employment Affairs and Social Protection if she will provide an update on the review in relation to amending the occupational injury and illness scheme or public sector pay in relation to cases of long-Covid contracted in the workplace, particularly in relation to the possible recognition of long-Covid as an occupation illness or disease; and if she will make a statement on the matter. [35926/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Long-Covid does not constitute an occupational injury under the Occupational Injuries Benefit scheme.  My Department is not conducting a review in relation to amending the scheme as this condition does not meet the criteria for the scheme.

My Department provides a suite of income supports for those who are unable to work due to an illness or disability.  Entitlement to these supports is generally not contingent on the nature of the illness or disability but on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work. 

The Occupational Injuries Benefit Scheme is operated by this Department and entails a group 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 and there are different conditions attached to each benefit.  Benefits include Injury Benefit, Disablement Benefit, Incapacity Supplement, Constant Attendance Allowance and the Medical Care Scheme. 

Covid-19 does not constitute a prescribed disease or illness as set out in the Social Welfare Consolidation Act 2005.  Section 87 (2) of the Act states that a disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, where the Minister is satisfied that— 

(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occu­pations and not as a risk common to all persons, and 

(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reason­able certainty. 

For the above reason, I do not intend adding Covid-19 or people suffering long-term effects of Covid-19 to the list of prescribed diseases as they do not meet the criteria as laid down in the Act.  

In response to the COVID-19 pandemic in March 2020, Enhanced Illness Benefit, a temporary payment, was introduced in the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1) and subsequent regulations.  The Government provided for entitlement to an enhanced Illness Benefit for persons who have been diagnosed with Covid-19 or who are a probable source of infection with Covid-19.  

The enhanced rate is payable for a maximum of ten weeks for those diagnosed with Covid-19.  In a case where a person continues to be ill beyond 10 weeks, standard Illness Benefit may be paid for an extended period, based on the person’s continued eligibility.  Illness Benefit is the primary income support payment for people who are unable to attend work due to illness of any type and who are covered by Pay Related Social Insurance contributions.  It is payable for up to two years, depending on satisfying the eligibility conditions.  Additional payments may also be made in respect of a qualified adult and qualifying children.

As the Deputy will know, public sector pay and corresponding policy and regulations do not fall within the remit of this Department. 

I trust this clarifies the matter for the Deputy.