Test case should benefit psychiatric patients

An estimated150 psychiatric patients discharged from Our Lady's Psychiatric Hospital in Ennis, Co Clare, earlier this year are looking forward to the prospect of a more prosperous Christmas and New Year.

This follows a test case, with one of the patients winning a battle to secure a disability allowance which will allow him claim almost €4,000 in backdated payments.

After his discharge from the 150-year-old hospital to a high-support hostel run by the Mid-Western Health Board last April, the 55-year-old man applied for a disability allowance, with other patients following his lead.

However, his application was refused by the Department of Social Welfare, which claimed that he remained a resident of an institution and could not qualify for the weekly means-tested allowance, which can be as high as €118 week.

In a test case brought forward and supported by the health board, the man appealed the decision to the Appeals Office of the Department.

He claimed that he was entitled to the allowance as he was no longer resident in an institution and had to pay €18.40 for rent and €10 for food each week out of his supplementary welfare allowance.

The Department was also told that the man had moved on to supervised training and was being reintegrated into society.

An oral hearing was held where evidence was given on the man's behalf by health board officials.

Now in a letter the chief appeals officer has said the appeal has been allowed, although no reasons were given for the initial decision being overruled.

An Ennis solicitor for the man, Mr Liam Cahir, said yesterday he was delighted with the outcome.

"It is a tremendous victory for the underdog," he said. "Who have these patients got to fight for them?

"If the appeal hadn't occurred, they would have been far less well off. This will allow other patients now to secure similar payments."

Mr Cahir went on: "We made the point that they are not in institutions, they are in rehabilitative units, and most of the patients that moved out would have enduring mental illness and should qualify for disability allowance.

"I was delighted by the result, it gives me a lot of personal satisfaction to win a case like this."

According to a health board spokeswoman, 151 patients were discharged by it to similar high-support hostels in Ennis, Kilrush and Shannon.

Mr Stephen McMahon of the Irish Patients' Association, yesterday welcomed the decision, saying it was vital that psychiatric patients had financial independence when discharged from psychiatric hospitals.