Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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292. To ask the Minister for Education and Skills to review a case (details supplied); if she can offer any advice on this case; and if she will make a statement on the matter. [39870/23]

Norma Foley (Kerry, Fianna Fail)
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I wish to draw you attention to provisions of the pension scheme for primary school teachers for retirement on grounds of permanent ill-health. The scheme criteria that must be satisfied is that the teacher is incapable by reason of infirmity of mind or body of discharging his/her duties as a teacher and the infirmity is likely to be permanent.

Entitlement to retire with a pension on medical grounds is not automatic

Where an application is unsuccessful, there is provision for appeal. In the appeal stage the opinion/recommendation of an independent Physician is obtained which informs the decision on the appeal. The case you referred to has followed the provisions of the ill health scheme.

The individual referred to may make a further application for ill-health retirement while still in employment, (including approved unpaid leave) but may not do so earlier than one year from the date of notification of refusal, or, if the case was appealed, from the date of refusal of the appeal, unless there is a serious deterioration in the teacher’s current illness, or unless a new illness occurs.