Information
Disablement Benefit is a benefit under the Occupational Injuries
Scheme. It can be paid to you if you suffer 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. Payment is only made
where the level of disablement following the accident or disease is assessed at
15% or more.
Where the level of disablement is assessed at 20% or more the benefit is
paid by weekly or 4-weekly pension (called Disablement Pension). However, where
the rate is assessed at less than 20%, the benefit is paid as a lump sum
(called Disablement Gratuity).The size of the lump sum will vary depending on
the degree of disablement and how long you are reasonably expected to be
disabled.
If you are getting Disablement Benefit and you are unfit for work, you may
qualify for Illness Benefit based on your social
insurance contributions (PRSI). If you do not qualify for Illness Benefit or another social welfare
payment, you may get Incapacity Supplement.
In Budget 2012 it was announced that new applicants for
Disablement Benefit must have a disability classified at 15% or more to qualify
for the payment (1 January 2012).
Incapacity Supplement
This is an extra supplement with Disablement Pension. You may get Incapacity
Supplement if you are permanently incapable of work as a result of an
occupational accident or disease and do not qualify for
another social welfare payment such as Illness Benefit. You may get an increase
in your payment for an adult
dependant and child
dependants.
Constant Attendance Allowance
This allowance can be paid weekly as an increase to Disablement Pension if
you are so seriously disabled as to need someone (a relative or some other
person) to help you daily at home to attend to your personal needs for a period
of at least 6 months. You must be getting a Disablement Pension of 50% or over.
Entitlement to Constant Attendance Allowance is based on the recommendation of
the Department’s medical advisor. You will not get the allowance during any
period you are in a hospital or similar institution.
Disablement Benefit, Incapacity Supplement and Constant Attendance Allowance
are
taxable
sources of income but you are unlikely to pay tax if they are your only
income.
Rules
You may get Disablement Benefit if you suffer a loss of physical or mental
faculty because of:
- An accident at work
- An accident while travelling (on an unbroken journey) directly to or from
work
- A prescribed occupational disease
Loss of physical or mental faculty
The extent of disablement is assessed following an examination by a Medical
Assessor who will assess the extent of your loss of faculty as a result of your
occupational accident or disease. "Loss of faculty" means your inability to
enjoy a normal lifestyle because of the loss or partial loss of your ordinary
physical or mental abilities as a result of your occupational injury or
disease. In assessing the degree of loss of faculty, account is taken of how
your current physical and mental condition compares to your pre-accident state
of health and how you compare with a healthy person of the same age and sex.
Examples of assessments are as follows:
| Injury |
Disablement |
| Loss of both hands |
100% |
| Loss of one eye |
40% |
| Loss of thumb |
30% |
| Loss of 2 fingers of one hand |
20% |
| Loss of index finger |
14% |
PRSI contributions
In order to qualify for Disablement Benefit, you must have been in
employment on or after 1 May 1967, that was insurable at PRSI Class A, B, D, J
or M, at the time that you sustained the accident or disease.
(Under the Occupational Injuries Scheme, civil
servants insured at PRSI Class B are not eligible for Disablement Benefit
for the first 26 weeks after the date of the accident. This is because for this
26 week period, civil servants continue to be paid by their parent Department.
After this 26-week period, a civil servant is paid half their salary and
half-rate Disablement Benefit).
Declaring an occupational injury
All work accidents or occupational diseases may not result immediately in
illness or disablement. If you are not immediately incapacitated but wish to
safeguard your future right to Disablement Benefit, you should
notify your employer about the accident or disease and apply for a declaration
that your accident or disease was an occupational one. This should be done
without delay. Declaration forms are available from the Injury Benefit Section
of Department of Social Protection (see 'Where to apply' below).
If your disablement occurs at a later stage, you should claim within three
months of becoming aware of it.
Rates
Disablement Benefit
Your payment depends on the degree of your disablement, which is medically
assessed. For assessments of less than 20%, Disablement Benefit will normally
be a lump sum (gratuity). The size of the lump sum will vary depending on the
degree of disablement and how long you are expected to be disabled. For
assessments of 20% upwards, a pension is payable.
From 2011 if you have over 100% disablement, your maximum
personal pension is €219.
A lump sum may be payable up to a maximum of €15,320 from 2011.
If you have between 20-90% disablement, your maximum
personal pension is as follows:
| Level of disablement |
Weekly payment in 2012 |
| - 90% |
€197.10 |
| - 80% |
€175.20 |
| - 70% |
€153.30 |
| - 60% |
€131.40 |
| - 50% |
€109.50 |
| - 40% |
€87.60 |
| - 30% |
€65.70 |
| - 20% |
€43.80 |
Up to 19% disablement:
A lump sum may be payable.
Incapacity Supplement
Constant Attendance Allowance
Constant Attendance Allowance weekly rate is €205 in 2012. This payment is
only made to certain people with over 50% disablement.
How to apply
If you are unable to work after the accident or disease,
you should first claim Injury Benefit, which can be paid for up to 26 weeks
after the accident or the onset of the disease. Before your Injury Benefit payment finishes, you should
claim Disablement Benefit if you suffer from loss of faculty as a result of
your accident or disease. If you do not claim in time, you may lose some
benefit. You should claim within three months of your Injury Benefit claim
ending.
If you are able to work after the accident or disease, you
should claim Disablement Benefit as soon as possible and within three months of
the date of the accident or the onset of the disease. Payment is made from the
fourth day of your disablement. If you do not claim in time, you may lose some
benefit. You should claim within three months of the date of your accident or
the onset of the disease.
To apply fill in a Disablement Benefit
claim form (pdf) and send it to the address below.
If you think you have been wrongly refused Disablement Benefit, or you are
unhappy about a decision of a Social Welfare Deciding Officer about your
entitlements, you can appeal this social
welfare decision.
Where to apply
Your completed application form should be returned to Disablement Benefit
Section below. For more information on Disablement Benefit, contact your Social Welfare
Local Office or the Disablement Benefit Section.
Department of Social Protection
Social Welfare Services Office
Government Buildings
Ballinalee Road
Longford
Tel:(043) 3334794 or (043) 334 0000
Locall:1890 927 770
If you wish to safeguard your future right to benefit, apply for a
declaration that your accident or diease was an occupational one to:
Occupational Injuries Benefit Section
Department of Social Protection
Áras Mhic Dhiarmada
Store Street
Dublin 1
Ireland
Tel:(01) 704 3018