asked the Minister for Social Welfare if he is aware that Mr. Patrick Clarke, Fegat, Carnaross, Kells, County Meath was employed by the Land Commission on the Keating Estate, Cabragh, Moynalty, County Meath from early 1962 until April 1965 as herd and caretaker; and that during that period his social welfare card was not stamped although weekly deductions for the stamps were made by the Land Commission; and if he will take the necessary steps to rectify the position.
Ceisteanna—Questions. Oral Answers. - Employment of Land Commission Herd.
29.
The person to whom the Deputy's question relates commenced employment with the Land Commission as a herd and caretaker on 1st April, 1962. He was also employed by the Commission as a labourer for a total of 32 weeks in 1964 and 1965. Since the commencement of his employment with the Land Commission, 145 employment contributions have been paid in respect of him.
The Land Commission questioned the insurability of the employment as a herd and caretaker and appealed against a ruling by a deciding officer that it was insurable under the Social Welfare Acts. Following an oral hearing of the appeal, at which the employee concerned gave evidence, an appeals officer held that the employment was not insurable, being excepted by regulations which specifically exclude employment involving part-time service only as a herd or caretaker of lands or property. The employment contributions paid in respect of the non-insurable employment are being refunded.
This is another example of a Department of State trying to take advantage of somebody who is not in a position to defend himself. Is it not true that this man worked with the Department of Lands as a herd and caretaker for a period of 25 hours per week? It was the only employment he had and in fact the deductions were made and even though over two years have elapsed, he has not yet received a refund of the amount. It was only when he fell ill that this question of insurability arose.
The employment contributions are being refunded.
Because there is a row here.
I do not know when the question arose but they are being refunded now.
If there is an appeal sent in at this stage, will the matter be reconsidered?
I will ask the Chief Appeals Officer to look at it to see whether he considers it warrants reopening.
Tell him.
I will not; I will ask him to look at it. These people are statutorily appointed.
(Interruptions.)
I will not direct him. I have no authority to direct him.