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Case Study 2

A married woman living in Lisnaskea who had been working in Ballyconnell, Co. Cavan since March 10 had an accident at work and wanted to know what sickness payments she might be entitled to.

She also wanted to know whether she would be entitled to Income Support or help with her rates whilst off sick.  Her husband was in receipt of long term Incapacity Benefit.  She had instructed a solicitor in relation to a personal injury claim and wanted to know if her sickness benefits would be recoverable from any damages she might receive.

There is no scheme of Statutory Sick Pay in the South she will be entitled to Injury Benefit. Injury Benefit is not paid for the first 6 days of illness or incapacity. This was extended to 6 days from 3 days from 6 January 2014. Payment can be made for up to 26 weeks starting from the date of accident or development of the disease.

If she is still unable to work after 26 weeks, she may be entitled to Illness BenefitDisability Allowance or Supplementary Welfare Allowance. She may also be entitled to Disablement Benefit if she suffers a loss of physical or mental faculty as a result of the accident or disease. Alternatively, if she does not qualify for Illness Benefit or another social welfare payment and she is getting Disablement Benefit, she may be eligible for Incapacity Supplement.

If she is receiving Family Income Supplement (FIS) and cannot work because of an occupational illness or disease, payment of FIS may continue with Injury Benefit for up to 36 days (6 weeks). Similarly if she is getting Back to Work Family Dividend, payment of BTWFD may continue with Injury Benefit for 36 days (6 weeks).

The rate of Injury Benefit is €188 per week in 2016 up to 13 March 2017.  The rate from 13 March 2017 is €193.00.

Further information can be found here

Updated August 2017