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Dáil Éireann debate -
Tuesday, 22 Nov 1983

Vol. 346 No. 1

Written Answers. - Social Welfare Benefits.

359.

asked the Minister for Social Welfare the reason a claim for a social welfare benefit was refused in the case of a person (details supplied) in Dublin 11 on the grounds that she was unavailable for work; and if he will substantiate this claim.

The person concerned was disallowed unemployment benefit from 16 August 1983 to 26 September 1983 on the grounds that she left her employment voluntary without good cause. Following the making of inquiries her claim was disallowed from 27 September 1983 on the grounds that she was not making specific efforts to find employment and accordingly she did not fulfil the condition for unemployment benefit of being available for work. She recently appealed against the disallowance of her claim and arrangements are being made to have her case determined by an appeals officer. Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

360.

asked the Minister for Social Welfare if he will consider granting unemployment benefit to a person (details supplied) in Dublin 3 who was locked out during Clery's strike but who did not gain financially from the strike, directly or indirectly.

Following the submission of a test case to a deciding officer the unemployment benefit claim of the person concerned was disallowed on the grounds that he lost his employment by reason of a trade dispute at his place of employment. The disallowance was upheld by an appeals officer following an oral hearing of an appeal which took place on 22 July 1983. I am, however, arranging that the document furnished by the Deputy will be made available to the appeals officer who will determine whether the contents constitute new evidence or fresh facts which would warrant a re-examination of his decision in the matter.

361.

asked the Minister for Social Welfare the reason for the decrease in social welfare benefits being paid to a person (details supplied) in County Longford and if the case will be investigated.

The person concerned claimed disability benefit from 16 November 1982 and was paid from 19 November 1982, fourth day of incapacity to 7 November 1983, the date of the latest medical certificate received, based on his insurance record in the 1980-81 contribution year.

From 18 November 1983 his entitlement to benefit depends on his 1981-82 insurance record and his claim was reviewed to decide if he was entitled to further payment. According to the records available at that time the claimant was not qualified for payment of benefit after 17 November 1983 and he was notified accordingly. It has now been ascertained, however, that he is qualified for continued payment based on his 1981-82 insurance record. Further payments of benefit will be issued as medical certificates are received.

362.

asked the Minister for Social Welfare if a non-contributory pension will be awarded to a person (details supplied) in County Wexford, if not, the reason for the refusal and if his case will be reviewed.

It was decided by an appeals officer on 18 January 1983 that the person concerned is not entitled to any old age pension on the ground that he does not fulfil the statutory condition as to means. His means, consisting of the weekly value of two holdings and capital, exceed the statutory limit. The transfer of one of the holdings and the disposal of a large part of the capital have not been accepted for old age pension purposes. The appeals officer's decision is final and conclusive except in the light of new facts or fresh evidence.

363.

asked the Minister for Social Welfare if payment of unemployment assistance will be continued in the case of a person (details supplied) in County Wexford.

A deciding officer of the Department was not satisfied that the person concerned had revealed details of self-employment and payment of unemployment assistance was suspended pending the completion of investigation in the case. When these inquiries are completed the assessment of his means will be reviewed and his entitlement to unemployment assistance will be determined accordingly.

364.

asked the Minister for Social Welfare when a deserted wife's allowance will be paid to a person (details supplied) in County Donegal.

The person concerned has been awarded deserted wife's benefit for herself and two qualified children at the weekly rate of £54.70 with effect from 9 June 1983, increased to £61.25 from 30 June 1983. This is the appropriate rate of benefit based on an average of 26 insurance contributions over the period since entry into insurance. This average is satisfied on the woman's own insurance record from 1972-73 to 1981-82. For maximum rate benefit (currently £63.45 for a woman with two children) an average of 48 or more is required.

An order book payable from 24 November 1983 had been forwarded to the designated post office for collection by her and she has been notified accordingly. A payable order in respect of arrears for the period from 9 June 1983 to 23 November 1983, less deductions for supplementary welfare allowance paid to her during that time, will be sent direct to her within the next few days.

365.

(Limerick West) asked the Minister for Social Welfare if unemployment assistance will be restored to a person (details supplied) in County Limerick.

Following a review of her unemployment assistance claim the means of the person concerned were assessed at £46 weekly derived from the value of board and lodging in her parents' holding. The amount of means assessed against her exceeded the maximum rate of unemployment assistance payable to her and accordingly her unemployment assistance claim was disallowed from 10 August 1983.

She appealed against the amount of means assessed against her and on 3 November 1983 an appeals officer reduced the amount of means assessed against her to £42.30. However, the reduced assessment of means still exceeds the maximum rate of unemployment assistance payable to her at present, £29.40 weekly, and accordingly the disallowance of her unemployment assistance claim continues to stand.

366.

(Limerick West) asked the Minister for Social Welfare when unemployment assistance will be restored to a person (details supplied) in County Limerick.

The unemployment assistance claim of the person concerned was disallowed from 26 October 1983 on the grounds that his means derived from profit from his holding exceeded the statutory limit. He recently obtained an appeal application form from his local office but has not returned it to date. When he does so, his case will be referred to an appeals officer for determination and his entitlement to unemployment assistance will be reviewed in the light of his decision.

367.

(Limerick West) asked the Minister for Social Welfare when disability benefit will be restored to a person (details supplied) in County Limerick.

The person concerned claimed disability benefit from 18 July 1983 and was paid to 31 October 1983 date of the latest medical certificate received. He was examined on 4 November 1983 by a medical referee who expressed the opinion that he was capable of work. He was advised of the result of the examination on 8 November 1983. Payment of benefit from 1 November to 3 November 1983 will be made if the claimant submits medical evidence of incapacity for work for this period.

368.

asked the Minister for Social Welfare when pay-related benefit will be paid to a person (details supplied) in County Galway.

Entitlement to pay-related benefit is subject to the condition that the weekly sum of flat rate unemployment benefit, pay-related benefit and incometax rebate may not exceed 85 per cent of an applicant's net average weekly earnings.

The person concerned is at present in receipt of flat rate unemployment benefit at £79.95 weekly and as this amount exceeds the 85 per cent limit applicable to him, £55.47, pay-related benefit is not payable to him.

369.

asked the Minister for Social Welfare if he is aware that fuel vouchers for widows are subject to a means test in County Dublin; that there is no such means test in the city; and if he will take steps to ensure that a means test will no longer apply in Dublin County.

Two fuel schemes are in existence at present. There is the urban fuel scheme which operates in 17 cities and towns including Dublin city and there is the national fuel scheme which operates throughout the State.

Under the urban scheme certain categories of persons including widow pensioners resident in the urban areas concerned are automatically entitled to a free fuel allowance. In the case of the national scheme, however, there is a test of need before an applicant can be granted the allowance, and it is also required that the person concerned should be living alone or only with dependants or incapacitated persons.

The present arrangements whereby there are two separate fuel schemes with different conditions of entitlement are undoubtedly unsatisfactory and proposals for a single uniform scheme to apply throughout the country are being prepared for submission to the Government.

370.

asked the Minister for Social Welfare if he will expedite the payments of social welfare assistance to a person (details supplied) in County Kildare who has been off work, following an accident, since April last and has been on supplementary benefit since; and if regard will be taken of the fact that he has a wife and two children, a mortgage and other outgoings.

The person concerned claimed disability benefit from 18 May 1983 to 12 October 1983 but his claim was disallowed on the grounds that he did not satisfy the contribution condition during the relevant contribution period 6 April 1981 to 5 April 1982. He was in receipt of supplementary welfare allowance during this period. He claimed unemployment benefit from 9 November 1983 and his claim was allowed at the weekly rate of £65.15. He is a postal applicant and arrangements have been made to issue an order for encashment at his local post office this week paying all arrears due. Further weekly payments will be made as they become due.

371.

asked the Minister for Social Welfare when the balance of disability benefit will be paid to a person (details supplied) in Dublin 12 who was paid approximately £15 per week from 29 March to 6 May this year, plus PRSI from April onwards; if he will confirm that she is due additional disability benefit arrears as his Department had apparently been holding up the payments because of an application for a deserted wife's allowance which was later disallowed.

The person concerned claimed disability benefit for the periods from 25 February 1983 to 5 March 1983 and from 31 March 1983 to 4 October 1983 when she was certified as fit to resume work. Benefit was paid at half the rate appropriate to a single person on her claim from 25 February 1983 to 5 March 1983 and from 31 March 1983 to 30 August 1983, as she indicated that she had claimed deserted wife's benefit. She was paid at the rate appropriate to a married woman from 31 August 1983 pending a decision on her claim to deserted wife's benefit.

Following investigations by an officer of this Department on 17 November 1983, payment at the maximum rate appropriate to a single person has been authorised and all arrears of benefit due were issued on 18 November 1983.

372.

asked the Minister for Social Welfare if he will agree to issue a travel warrant at local offices to people who are eligible for free travel in the Innishowen Peninsula, County Donegal, and must travel on the Derry-Dublin express so that difficulties now experienced making application through his Department at 157/164 Townsend Street can be alleviated.

The feasibility of making travel warrants available locally in these cases is being examined and the Deputy will be advised of the outcome.

373.

asked the Minister for Social Welfare the reason a deserted wife's allowance is not being paid to a person (details supplied) in County Kerry.

One of the qualifying conditions for receipt of deserted wife's allowance/benefit is that the claimant must make reasonable efforts to trace her husband and prevail on him to contribute to her support. The claim of the person concerned was refused on the ground that she did not satisfy this condition.

The requirements in this respect were explained to the claimant both in writing and in the course of interviews by officers of the Department and she was also advised of her right to appeal against the decision rejecting her claim but did not do so.

The person concerned was last interviewed by an officer of the Department on 29 September 1983 when she was accompanied by her solicitor. The circumstances of the case were gone into in detail and the inadequacy of the efforts made by the claimant to comply with the statutory requirements were explained and understood by the claimant's solicitor. A further exchange of letters then took place between the firm of solicitors involved and the Department and a response from the solicitors is at present awaited.

374.

asked the Minister for Social Welfare the reason a free television licence has not been issued to a person (details supplied) in County Kerry; and when the regulations were changed on this matter.

Under the conditions of the scheme a free television licence is available to a person who qualifies for a free electricity allowance. The person concerned in this case is entitled to the right of maintenance and support under a deed of transfer of property to his son. Accordingly he does not qualify for a free television licence. There has been no change in the conditions of entitlement to a free television licence in this respect.

375.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Cork.

The person concerned who is a landholder does not satisfy the contribution condition of having 78 paid contributions in a three year period. His case has however been referred to a social welfare officer for investigations to enable the income of his holding to be assessed and to establish whether such income is within the limit of £2 daily applicable in his case. When the inquiries are completed his entitlement to unemployment benefit will be determined forthwith. If he does not satisfy the condition for unemployment benefit his entitlement to unemployment assistance will be considered in the light of the amount of means assessed against him.

376.

(Limerick West) asked the Minister for Social Welfare when arrears of unemployment assistance will be paid to a person (details supplied) in County Limerick.

Following a reinvestigation of his case the means assessed against the person concerned were reduced to nil with effect from 29 June 1983. All arrears of unemployment assistance due were paid to him on 17 November 1983. Further weekly payments at £66.90 are being made to him as they become due.

377.

asked the Minister for Social Welfare the reason only a reduced rate of £29.40 per week unemployment assistance is being paid to a person (details supplied) in County Offaly, although he lives alone.

The maximum rate of unemployment assistance payable to a single person residing in a non urban area is £29.40 weekly.

According to the records of the Department the person concerned exhausted his entitlement to unemployment benefit when he completed 390 days on 14 September 1983. He was assessed with nil means and he was paid unemployment assistance at £28 weekly from 15 September 1983 increasing to £29.40 weekly from 5 October 1983 when the rate of unemployment assistance payable to long term recipients was increased. There is no extra allowance payable to an applicant for unemployment assistance on the grounds that he is living alone.

378.

asked the Minister for Social Welfare when five weeks disability benefit will be paid to a person (details supplied) in County Offaly.

The person concerned claimed injury benefit on 12 October 1983 in respect of an incapacity from 8 October 1983. A completed claim form for disability benefit, however, received on 1 November 1983 indicated that he did not wish to claim injury benefit. Disability benefit was allowed from 12 October, the fourth day of incapacity and all benefit has been paid to 27 October, the date of the latest medical evidence received.

379.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Offaly as he has been signing for five months.

The person concerned claimed unemployment benefit on 30 May 1983 and following inquiries to establish that she satisfied the contribution conditions for the receipt of unemployment benefit her claim was authorised at the appropriate maximum weekly rate in her case of £30.60. All arrears due will be paid to her this week and further weekly payments of £30.60 will continue to be made as they become due.

380.

asked the Minister for Social Welfare when children's allowance will be paid to a person (details supplied) in County Wexford.

Children's allowance was paid to the claimant in respect of the child in question up to and including June 1983 on the basis of a certificate certifying his attendance at school up to that date. An application for a continuation of the allowance was received and children's allowance at the rate of £11.25 per month has been awarded in respect of the child from July 1983. An allowance book payable from September and a payable order in respect of arrears due for July and August were issued direct to the claimant's home address on 11 November 1983.

381.

asked the Minister for Social Welfare if he will arrange to have an old age pension at the maximum rate paid to a person (details supplied) in County Roscommon.

A review of the entitlements of the person concerned revealed that there had been an increase in his means, consisting of capital and a holding. A question for reduction of his old age pension from £38.60 to £28.60 with effect from 21 October 1983 has, therefore, been referred to the local pension committee for decision and pension at the reduced rate of £28.60 plus £3.00 living alone allowance was put into payment pending the outcome of the pension committee's decision.

When the pension committee has given its decision the person concerned will be notified of the outcome and if he is dissatisfied, he will have the right to appeal against it.

382.

asked the Minister for Social Welfare the decision on a claim for a retirement pension from a person (details supplied) in County Roscommon.

One of the qualifying conditions for receipt of a retirement pension under the Social Welfare Acts requires the person concerned to have a yearly average of at least 24 reckonable contributions over the period from the beginning of the 1953 contribution year to 5 April 1983, i.e. the end of the last complete contribution year before he reached age 65. He does not satisfy this condition as the Department's records show that he had a total of 176 such contributions in this period, which is equal to a yearly average of only five. Neither will he qualify for old age contributory pension at age 66 for which he would need a yearly average of at least 20 from 5 January 1953 to 5 April 1984.

He also has a record of British employment and in accordance with EEC Regulations on Social Security his entitlement to a pro rate pension under EEC Regulations was also examined. However, he had only 125 British contributions in the relevant average test period giving him a combined total of 301. This is equal to a yearly average of only ten and therefore he does not qualify for a pro rata pension from this Department under EEC Regulations. The relevant details have however been forwarded to the Department of Health and Social Security, Newcastle-upon-Tyne, for examination of his entitlement to a British retirement pension. That Department will reply direct to him.

383.

asked the Minister for Social Welfare if he will expedite a decision on an old age pension claim from a person (details supplied) in County Roscommon.

A review of the entitlement of the person concerned revealed that there had been an increase in her spouse's occupational pension. A question for reduction of her old age pension from £12.60 to £10.60 was referred to the local pension committee for decision. The pension committee decided on 17 October 1983 that the question for reduction should not be allowed.

The social welfare officer has appealed against the committee's decision on the grounds that her means do not permit pension at a higher rate than £10.60 a week. The case has been referred to an appeals officer for determination and the pensioner will be notified of the outcome.

384.

asked the Minister for Social Welfare if he will expedite payment of unemployment benefit to a person (details supplied) in County Roscommon.

Inquiries were necessary to ascertain why the employment of the person concerned was terminated and to establish whether she fulfilled the condition of being available for work before her entitlement to unemployment benefit could be determined.

The investigations were recently completed and her claim was allowed at the maximum rate payable to her £34.80 weekly. She is a postal applicant and arrangements have been made to issue her with an order for encashment at her local post office paying all arrears due this week. Further payments will be made as weekly payments become due.

385.

asked the Minister for Social Welfare if he will expedite payment of disability benefit for a person (details supplied) in County Roscommon.

There is no trace in the records of the Department of a claim for benefit having been received from the person concerned.

He has been requested to furnish details of his claim. On receipt of a reply the matter will be dealt with.

386.

asked the Minister for Social Welfare if he will expedite the payment of unemployment assistance in the case of a person (details supplied) in County Roscommon as he has been signing since June 1983 at Ballinasloe office.

There is no record at the branch employment office, Ballinasloe, of receipt of an unemployment assistance claim in respect of the person named in the details supplied.

Further inquiries will however be made if the Deputy will furnish additional information to enable the person named to be identified.

387.

asked the Minister for Social Welfare if he will expedite payment of a widow's pension to a person (details supplied) in County Roscommon.

The claim of the person concerned, whose husband died on 21 February 1970, to a widow's contributory pension was received on 2 August 1983 and she was awarded pension, at the maximum rate appropriate to a widow under 66 years of age with no qualified children, from 2 May 1983. A pension book with orders payable from 10 June 1983 was sent to the designated post office on 11 August 1983 for collection by her and arrears for the period from 2 May to 9 June 1983 were sent direct to her by payable order on 22 August 1983.

Under the regulations where a claim to pension is not made within three months of the death of the husband pension may be awarded from a date three months before the date of the claim. Pension was awarded to the person concerned from 2 May 1983 which is three months before the claim was received on 2 August 1983.

388.

asked the Minister for Social Welfare when a decision will be made on the payment of unemployment benefit to a person (details supplied) in County Donegal.

The person concerned exhausted his title to unemployment benefit on 9 June 1973 and will not requalify until he obtains at least 13 weeks of insurable employment.

He was however in receipt of unemployment assistance at the weekly rate of £50.80 with means assessed on the notional value of his holdings. Following a review of his case his means were assessed as being in excess of the statutory limit derived from the profit from his holding. His unemployment assistance claim was accordingly disallowed.

He appealed against the disallowance of his claim and in the light of the contentions made in support of his appeal this case was referred again to a social welfare officer for additional inquiries. When these are completed his case will be forwarded to the appeals officer for determination and his entitlement to unemployment assistance will be determined accordingly.

389.

asked the Minister for Social Welfare when a decision will be made on an application for unemployment assistance made by a person (details supplied) in County Donegal.

The means of the person concerned were assessed at £29.40 weekly derived mainly from land and capital. His means were accordingly equal to the maximum rate of unemployment assistance payable to him and his claim was disallowed.

He appealed against the amount of means assessed against him and his case has been referred to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

390.

asked the Minister for Social Welfare when a decision will be made on the payment of disability benefit to a person (details supplied) in County Donegal.

The person concerned was paid disability benefit from 31 October 1978 to 24 January 1983. Payment was disallowed after that date following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance but did not submit medical evidence of incapacity from 24 January 1983.

He again claimed disability benefit from 5 April 1983, showing the same incapacity as his previous claim and the claim was disallowed. He appealed against the disallowance and he was examined by a medical referee on 14 June 1983 who also considered him to be capable of work. His case was then referred to an appeals officer. The appeals officer decided that the claimant was capable of work during the period 5 April 1983 to 5 August 1983, date of latest medical certificate before him, and is not entitled to be paid benefit in respect of that period.

In July 1983 the person concerned indicated on a medical certificate that his incapacity was due to a work injury. As a consequence payment was made in error for the period from 29 July to 11 November 1983. This overpayment is repayable to the social insurance fund and the person concerned has been notified accordingly.

391.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Donegal.

There is no trace in the records of the Department of a claim for disability benefit having been received from the person concerned.

Arrangements have been made for an officer of my Department to visit the claimant and on receipt of his report the matter will be dealt with.

392.

asked the Minister for Social Welfare when an old age pension will be paid to a person (details supplied) in County Donegal.

It has been decided by an appeals officer that the person concerned is entitled to old age pension at the weekly rate of £22.45 from 15 March 1983 increased to £26.60 from 1 July 1983.

These are the rates appropriate to the assessment of her means consisting mainly of payments from her husband.

A pension book payable from 25 November has been issued and the arrears due are being issued separately.

393.

asked the Minister for Social Welfare when arrears of unemployment benefit will be paid to a person (details supplied) in County Donegal.

The claim of the person concerned to unemployment benefit on 19 July 1983 was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and following an oral hearing of her case on 11 October 1983 the appeals officer upheld the decision but allowed her claim from the date of the hearing. Unemployment benefit was authorised at the appropriate maximum weekly rate in her case of £30.60 and all arrears due have been paid. Weekly payments of £30.60 continue to be made as they become due.

394.

asked the Minister for Social Welfare when an old age pension will be paid to a person (details supplied) in County Donegal.

It was decided by the local pension committee on 23 September 1983 that the person concerned is not entitled to a non-contributory old age pension as her means consisting of the weekly value of her British retirement pension are in excess of the statutory limit.

395.

asked the Minister for Social Welfare if any social welfare assistance is payable to a person (details supplied) in County Cork as he has been refused unemployment assistance.

It is open to the person concerned to apply to his local community welfare officer for a supplementary welfare allowance. It is a matter for the Southern Health Board which administers the scheme in his area to determine whether he is entitled to an allowance and if so, the amount thereof having regard to his circumstances.

396.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Cork.

The claim of the person concerned to unemployment benefit on 23 August 1982 was disallowed on the grounds that he did not satisfy the contribution conditions. He ceased to sign the unemployed register on 9 October 1982.

He applied for unemployment assistance on 23 August 1983 in respect of the period from 23 August 1982 to 9 October 1982 and was written to in the matter but no reply was received from him. His case has now been referred to a social welfare officer for inquiries into his means. His entitlement to unemployment assistance will be determined in the light of the social welfare officer's report.

397.

asked the Minister for Social Welfare the reason an invalidity pension has not been paid to a person (details supplied) in County Tipperary.

The person concerned is being paid disability benefit at regular weekly intervals and payment has been made to date.

A claim for invalidity pension has not so far been received. A form on which to claim pension has however been forwarded to him. On its return, duly completed, the claim will be dealt with without delay.

398.

asked the Minister for Social Welfare when a non-contributory old age pension will be paid to a person (details supplied) in County Wexford.

It was decided by an appeals officer on 15 November 1983 that the person concerned is not entitled to an old age pension as he does not fulfil the statutory condition as to means. The assessment of his means, consisting of half the weekly value of his own and his wife's share of a holding and half the weekly value of payments to his wife under a deed of transfer, exceeds the statutory limit of £42.

399.

asked the Minister for Social Welfare when a deserted wife's allowance will be paid to a person (details supplied) in County Donegal.

The claim to deserted wife's allowance-benefit of the person concerned is at present under investigation.

Both the claimant and her husband have been interviewed by a local officer of the Department but it is necessary to contact claimant's solicitor for additional information. It is hoped to have an officer call on the solicitor at an early date and when his report is received a decision will be given and the claimant will be notified of the outcome without delay.

Meanwhile it is understood that the claimant is in receipt of supplementary welfare allowance from the North-Western Health Board.

400.

asked the Minister for Social Welfare when a free electricity allowance will be granted to a person (details supplied) in County Donegal.

A free electricity allowance has been awarded to the person concerned and the ESB has been instructed to apply the allowance from the December 1983-January 1984 billing period onwards.

401.

asked the Minister for Social Welfare if unemployment assistance at the maximum rate will be paid to a person (details supplied) in County Cork.

The case of the person concerned has been referred to a social welfare officer for re-investigation and when all inquiries are completed, his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.

In the meantime weekly payments of unemployment assistance at £66.60 continue to be made to him.

402.

asked the Minister for Social Welfare the reason unemployment assistance was withdrawn in the case of a person (details supplied) in County Monaghan and when the decision of his appeal will be available.

The person concerned was a recipient of unemployment assistance when his case was referred to a social welfare officer for a review of his means. He failed to furnish full details of his income to the investigating officer and his unemployment assistance claim was disallowed on the grounds that by failing to furnish particulars of his means he failed to show that his means did not exceed the statutory limit.

He appealed against the disallowance and his case was again referred to a social welfare officer to afford him an opportunity of revealing information about his means. The social welfare officer recently completed his report on the case and the papers are at present in transit to the Department's headquarters. His entitlement to unemployment assistance will be reviewed in the light of the report.

403.

asked the Minister for Social Welfare when a non-contributory old age pension will be paid to a person (details supplied) in County Monaghan.

Following the receipt of a claim to old age pension from the person concerned the social welfare officer called on the claimant on 19 August 1983 in order to investigate her means. She was informed that the claimant was absent on a visit of some months to her daughter in Northern Ireland. In view of this investigations were suspended until such time as the claimant informed the Department of her return.

The case is now being referred to the social welfare officer to resume investigation of the claim. When inquiries have been completed the matter will be referred to the local pension committee for decision. If a pension is recommended by the social welfare officer, it will be put into payment on a provisional basis pending the committee's decision.

404.

asked the Minister for Social Welfare when the appeals officer's decision on the application of a person (details supplied) in County Monaghan for an increase in his unemployment assistance will be available.

The person concerned claimed unemployment assistance from 5 June 1983 after exhausting his title to unemployment benefit at the completion of 390 days. He was assessed with means of £21.60 weekly derived from the value of board and lodging in his parents' holding.

He appealed against the amount of means assessed against him and an appeals officer reduced the assessment of his means to £12.00 weekly effective from 5 June 1983. The weekly rate of unemployment assistance payable was accordingly increased to £13.45 weekly from 5 June 1983 increasing to £16.00 weekly from 29 June 1983. All arrears due were paid on 25 August 1983.

He continued to claim unemployment assistance and he is at present in receipt of unemployment assistance at £17.40 weekly being the maximum rate payable to a long-term recipient of unemployment assistance £29.40 less means £12.00.

405.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Monaghan.

The entitlement of the person concerned to unemployment assistance cannot be determined until inquiries about her means have been completed. Her case is still being investigated by a social welfare officer and she has been asked to furnish details of the income of her household to enable the value of her board and lodgings to be assessed.

When this information is made available, her means will be assessed and her entitlement to unemployment assistance will be determined accordingly.

406.

asked the Minister for Social Welfare the reason unemployment assistance is not being paid to a person (details supplied) in County Roscommon; and the reason his appeal has not been examined, despite Deputy Naughten's numerous representations to his Department since 20 September 1983.

The person concerned, who was in receipt of unemployment assistance since 1972, was assessed with weekly notional means of £5.40 derived from land. Following factual assessment, his means derived from land and capital were found to exceed the statutory limit in his case of £3,720.60 a year with effect from 24 August 1983. He has appealed against the decision and arrangements are being made to expedite a decision on the appeal. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision. The delay in dealing with the appeal arose because the appeal form was mislaid.

407.

asked the Minister for Social Welfare the reason pay-related benefit has not been paid to a person (details supplied) in County Kerry.

The claim of the person concerned to unemployment benefit on 3 October 1983 was authorised at the appropriate maximum weekly rates in his case of £34.80 in respect of flat rate unemployment benefit and £7.07 pay-related benefit. All arrears due have been paid and further weekly payments of £41.87 including £7.07 pay-related benefit will continue to be made as they become due.

408.

asked the Minister for Social Welfare if unemployment assistance or benefit will be paid to a person (details supplied) in Dublin 12 as she has paid stamps in her own right for many years and her husband has been a contributor for 40 years; and if he will make a statement on the matter.

Entitlement to unemployment benefit is subject to the condition that an applicant is available for work and to be available for work an applicant must be making genuine efforts to find employment.

Following the completion of inquiries the unemployment benefit claim of the person concerned was disallowed on the grounds that she was making no efforts to seek work and accordingly she was unavailable for work.

She appealed against the disallowance of her claim and attended an oral hearing of her appeal on 3 November 1983. However an appeals officer upheld the disallowance of her case.

She ceased to sign as unemployed after 4 November 1983.

409.

asked the Minister for Social Welfare the reason disability benefit has not yet been paid to a person (details supplied) in Dublin 12.

There is no trace in the records of the Department of a claim for disability benefit having been received from the person concerned.

He has been requested to furnish details of his claim. On receipt of a reply the matter will be dealt with.

410.

asked the Minister for Social Welfare the reason disability benefit has not been paid, for the last three weeks, to a person (details supplied) in County Tipperary; and when payment will be made.

The person concerned submitted an intermediate certificate dated 17 October 1983 in respect of an incapacity for work and all disability benefit payable from 20 October 1983, fourth day of incapacity to 1 November 1983, the date of the latest medical certificate received has been issued.

The claimant has since indicated that his incapacity for work commenced on 9 October 1983. He has been requested to submit medical evidence to this effect. On receipt of this information the arrears of benefit will be paid.

411.

asked the Minister for Social Welfare if he will arrange a notional system for the purpose of assessing means of small farmers, in the western counties, for unemployment assistance purposes, having regard to the purpose and history of this scheme of assistance for smallholders; and if he will make a statement on the matter.

The discontinuance of the notional method of assessing means for unemployment assistance purposes in the case of smallholders was made necessary following the High Court judgment that the use of the poor law valuation system was unconstitutional in certain respects.

In consequence in future all applicants for unemployment assistance will have their means, including in the case of smallholders the profits from their holding assessed on a factual basis. In this way all applicants for unemployment assistance will be similarly treated. Those whose means entitle them to unemployment assistance will continue to receive payment while those whose means exceed the limit for entitlement will not.

The new arrangements will in effect mean that the entitlement of all applicants will be determined on the basis of their actual means. There is nothing inequitable about this and having regard to the need to conserve public finances there is no longer any justification for affording special treatment to one group of unemployment assistance applicants rather than another. There are, therefore, no plans to introduce alternative methods of assessment in the case of smallholders.

412.

asked the Minister for Social Welfare the reason for the long delay in paying a living alone allowance to a person (details supplied) in County Kerry.

The person concerned has been awarded a living alone allowance of £3.00 per week with effect from 19 August 1983 as an addition to her widow's contributory pension.

An order book at this rate, payable from 7 October 1983, was issued to the post office of payment on 18 November 1983 for collection by her and she has been notified accordingly.

The arrears of living alone allowance for the period from 19 August 1983 to 6 October 1983, amounting to £21.00, will be sent to her direct by payable order within the next few days.

The delay in payment in this case is regretted. It was caused by an administrative error.

413.

asked the Minister for Social Welfare the present position regarding the reapplication of a person (details supplied) in County Kerry for unemployment assistance.

The person concerned appealed against the decision to disallow his claim on the grounds that his means derived from the profit from his land, exceeded the statutory limit. The appeals officer upheld the disallowance and he was notified of the decision on 18 July 1983.

He has not signed as unemployed since 14 July 1983.

414.

asked the Minister for Social Welfare the reason for the delay in making a decision on an application for unemployment assistance in the case of a person (details supplied) in County Kerry as he is in very poor circumstances and in debt.

The entitlement of the person concerned to unemployment assistance could not be determined until inquiries about his means had been completed. The investigations were recently completed and his means, derived from land, were assessed at £39.40 weekly. This amount exceeded the maximum weekly rate of unemployment assistance payable to him and his claim was disallowed.

He obtained an appeal application form at his local office on 9 November 1983 but has not returned it to date. When he does so his case will be referred to an appeals officer for determination and his entitlement to unemployment assistance will be reviewed in the light of his decision.

415.

asked the Minister for Social Welfare when a non-contributory old age pension will be paid to a person (details supplied) in County Cork.

The investigation of the application of the person concerned revealed that her means, consisting of the value of capital and an annuity, exceed the statutory limit for entitlement to pension. The social welfare officer accordingly recommended that no pension be awarded and referred the matter to the local pension committee for decision. The committee decided on 8 November 1983 that the person concerned is entitled to a pension at the maximum rate. The social welfare officer is appealing against this decision and the case has been referred to an appeals officer for determination. The claimant will be notified of the outcome of the appeal.

416.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Cork.

The person concerned was paid disability benefit from 17 August 1981 to 18 August 1982, a total of 52 weeks. Payment ceased after that date as she had less than 156 contributions paid on her behalf since entry into insurable employment to entitle her to further payment.

According to the records of the Department she has only 32 contributions paid since she entered insurable employment in August 1977. She again claimed disability benefit from 11 July 1983 but she is not qualified for payment. In order to requalify for payment of benefit it will be necessary for her to resume insurable employment for which the appropriate contributions are paid for a minimum period of 13 weeks.

417.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Carlow.

The person concerned was disallowed payment of disability benefit from 28 October 1983 following examination by a medical referee who expressed the opinion that he was capable of work. He was advised of the result of the examination and of his right to appeal against the disallowance on 1 November 1983.

The claimant subsequently submitted a final certificate which certified him fit to resume work on 2 November 1983. He commenced signing the unemployment register on 2 November 1983.

418.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Carlow.

The person concerned claimed unemployment benefit on 2 November 1983 and following inquiries to establish his contribution record payment was authorised at £65.60 weekly.

Arrears due were paid on 18 November 1983 and further weekly payments will be made as they become due.

419.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Carlow.

The person concerned claimed disability benefit from 10 September 1983 and has been paid to 8 November 1983, the date of the latest medical certificate received.

He is not entitled to pay-related benefit as it is not payable where the total amount of disability benefit payable equals or exceeds 80 per cent of a claimant's average reckonable weekly earnings in the relevant income tax year.

The claimant is in receipt of disability benefit at the rate of £97.80 per week. This amount exceeds 80 per cent of his reckonable weekly earnings (£69.10) in the 1981/1982 income tax year which governs his claim.

420.

asked the Minister for Social Welfare if he will arrange for the immediate payment of a deserted wife's allowance to a person (details supplied) in County Galway.

Two of the qualifying conditions for receipt of deserted wife's allowance-benefit are that the claimant's husband must have left her of his own volition and that the claimant must have made and must continue to make reasonable efforts within the means available to her to prevail on her husband to support and maintain herself and her children.

Following investigation of the claim of the person concerned to deserted wife's allowance-benefit by a local officer of the Department, the deciding officer held that these conditions were not satisfied in the case and he disallowed the claim. This decision is based on the position in relation to the woman's marriage in England in 1963. She has been notified of the decision and of her right to appeal against it if she is dissatisfied with it.

421.

asked the Minister for Social Welfare if he will approve a death grant for a person (details supplied) in County Roscommon.

A death grant cannot be approved in this case as the contribution conditions are not satisfied. In order to qualify, the person concerned would have required a yearly average of at least 26 reckonable contributions paid or credited in the contribution years 1970-71 to 1981-82 inclusive. According to the records of the Department, the person concerned has only 70 reckonable contributions paid and 44 credited in this entire period. She had a further 297 contributions between the years 1972-73 and 1978-79 but these contributions are not reckonable for death grant as they are at a rate giving cover for occupational injuries and Health Act benefits only.

422.

asked the Minister for Social Welfare if he will expedite payment of unemployment assistance to a person (details supplied) in County Roscommon.

The person concerned was assessed with means at £38.40 weekly derived from land and from capital. This amount exceeded the maximum rate of unemployment assistance payable to him and his claim was disallowed from 23 June 1983. He appealed against the amount of means assessed against him and an appeals officer reduced the assessment of his means to £29.80. However, the amount also exceeds the maximum rate of unemployment assistance payable to him £29.40 and the disallowance of his claim continues to stand.

423.

asked the Minister for Social Welfare if he will expedite a decision on a claim regarding an old age pension by a person (details supplied) in County Roscommon.

In the course of the investigation of the means of the person concerned he refused to authorise the social welfare officer to examine a certain amount. Accordingly the social welfare officer recommended that no pension be awarded on the grounds that the claimant's means were not fully disclosed. The local pension committee decided on 17 November 1983 that the person concerned was entitled to a pension at the rate of £19.60 per week from 27 June 1983. The social welfare officer is appealing against the decision and the case is being referred to an appeals officer for determination. The person concerned will be notified of the outcome of the appeal.

424.

asked the Minister for Social Welfare if an old age pension will be paid to a person (details supplied) in County Galway.

The person concerned is in receipt of an old age pension at the rate of £24.60 a week. The Deputy's recent representations have been accepted as a claim on her behalf for an increase in her pension. The claim for an increase has been referred to the social welfare officer for investigation and will be referred to the local pension committee for decision on completion of inquiries.

425.

asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Cork; and when payment will be made.

The application of the person concerned for unemployment assistance on 4 May 1983 was disallowed on the grounds that he failed to disclose his means. He is being afforded a further opportunity of disclosing his means and when inquiries are completed his entitlement to unemployment assistance will be determined.

426.

asked the Minister for Social Welfare if children's allowance will be paid in the case of a person (details supplied) in County Waterford as he is continuing his education beyond 16 years; and if it will be paid to his mother.

Children's allowance was paid in respect of the child in question who reached age 16 in March 1982 up to and including June 1983, as his attendance at school up to that date had been certified. An application for a continuation of the allowance has been received and entitlement has been verified. Children's allowance at the rate of £11.25 per month has, accordingly been awarded from July 1983 to March 1984 when he will reach age 18. An allowance book payable from October issued on 18th November 1983 and a payable order in respect of arrears due from July to September issued on 16th November 1983. Children's allowance in respect of this child is in payment to his mother.

427.

asked the Minister for Social Welfare when social welfare benefits will be paid to a person (details supplied) in County Donegal.

The person concerned stated that she made claims for maternity benefit in respect of three children born on 6 September 1979, 17 September 1980 and 22 April 1983. There is no trace in the Department of the receipt of any of these claims. She is not qualified for payment for the child born on 22 April as she has no contributions in the 1981-82 income tax year.

In the case of the two earlier claims the person concerned stated that she forwarded claim forms to the Department one month before the birth of the child born on 6 September 1979 and one week before the birth of the child born on 17 September 1980. However, she stated in connection with a claim for unemployment benefit that she was in Scotland from July to December 1979 and she also stated on 27 January 1981, in connection with her children's allowance claim, that she had not claimed maternity benefit. In the circumstances, it cannot be accepted that the claims were made in time. Under the regulations claims received more than six months late cannot be paid.

428.

asked the Minister for Social Welfare if he will give a breakdown of the incomes stated in the case of a person (details supplied) in County Kilkenny.

The person concerned who was an applicant for unemployment assistance was assessed with an income from land estimated at a yearly profit of £5,750 and from the value of capital valued at £337.65 yearly. Accordingly the means assessed against him exceeded the statutory limit applicable to him namely £3,380.00 per annum and £3,720.60 per annum from 29 June 1983. He appealed against the amount of means assessed against him but the decision in his case was upheld by an appeals officer.

429.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Kilkenny.

The person concerned is not entitled to unemployment benefit on the grounds that she does not satisfy the contribution conditions during the relevant governing contribution period 6 April 1981 to 5 April 1982.

Following the completion of inquiries a deciding officer recently determined that the contributions payable by her in respect of employment during the period 6 April 1981 to 5 April 1982 are appropriate to a contribution class which does not provide cover against unemployment. If she is dissatisfied with the decision in her case it is open to her to appeal and to have the insurability of her employment determined by an appeals officer.

430.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Donegal.

The unemployment assistance claim of the person concerned was disallowed from 31 August 1983 on the grounds that he was not genuinely seeking work. A further investigation was made in the light of which the disallowance was revised and payment of unemployment assistance was allowed from 31 August 1983 at the weekly rate of £27.90 increasing to £29.30 from 5 October 1983 being the maximum rate of unemployment assistance payable less means £0.10 weekly. All arrears due were paid on 17 November 1983. He ceased to sign as unemployed after 14 November 1983.

431.

asked the Minister for Social Welfare if a person (details supplied) in Dublin 8 may collect fuel vouchers from her local post office rather than at the Bride Street health centre.

There are two fuel schemes in existence at present. Under the urban fuel scheme, which operates in 17 cities and towns including Dublin, specific categories of social welfare beneficiaries are automatically entitled to the allowance and pensioners in the scheme collect vouchers with their pensions at the post office.

The person concerned, as a contributory old age pensioner, is not included in the urban scheme but has been granted a fuel allowance under the national fuel scheme which is operated by the health boards. It is understood a cheque for £80 in respect of the 20-week period commencing 3 October 1983 has been issued to her and a cheque for £40 in respect of the latter part of the winter season will be issued to her in February 1984.

432.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin who is homeless, is receiving supplementary welfare at the rate of £22 instead of the maximum basic rate.

One of the items of which, by statute, account must be taken in calculating the means of an applicant for a supplementary welfare allowance is the value of any benefit or privilege enjoyed by him. It is understood from the Eastern Health Board, who are responsible for the administration of the supplementary welfare allowances scheme in the Dublin area, that in accordance with this provision the person concerned has been assessed with means of £6 weekly in respect of the value of free board and lodgings and the maximum allowance has been reduced by this amount.

433.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin who is homeless is receiving supplementary welfare at the rate of £22 per week instead of the full rate.

One of the items of which, by statute, account must be taken in calculating the means of an applicant for a supplementary welfare allowance is the value of any benefit or privilege enjoyed by him. It is understood from the Eastern Health Board, who are responsible for the administration of the supplementary welfare allowances scheme in the Dublin area, that in accordance with this provision the person concerned has been assessed with means of £6 weekly in respect of the value of free board and lodgings and the maximum allowance has been reduced by this amount.

434.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin who is homeless is receiving supplementary welfare at £22 per week instead of the full rate.

One of the items of which, by statute, account must be taken in calculating the means of an applicant for a supplementary welfare allowance is the value of any benefit or privilege enjoyed by him. It is understood from the Eastern Health Board, who are responsible for the administration of the supplementary welfare allowances scheme in the Dublin area, that in accordance with this provision the person concerned has been assessed with means of £6 weekly in respect of the value of free board and lodgings and the maximum allowance has been reduced by this amount.

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