I want to mention a point that has already been referred to many times in the debate. It concerns the operation of the means test as it is applied to applicants for social welfare benefit. Its operation is particularly hard in the case of widows trying to establish entitlement to widows' pensions. I should like the Minister to note that this is particularly so in the case of widows on small-holdings, the type of case where a woman finds herself trying to carry on a farm after the death of her husband. The means, as disclosed by the investigation officer, will be based, particularly in the southern counties, on the produce of milk and so on. Frequently, in those cases loans have been negotiated by the husband when alive and there is a commitment to repay them, something that cannot be avoided. Therefore, the income of the widow is not what it appears to be as obtained from the local creamery. In cases where there is a continuing obligation of making repayment in respect of borrowing by means of which the income of the holding was raised, this should be taken into account by the local investigation officer. He should also have regard to the amount of money that must be repaid and the fact that the farm must be carried on in the absence of the breadwinner. Deputy Murphy already referred to this question. I ask the Minister to consider the operation of the means test and see how the regulations can be modified to make it more acceptable to people who feel aggrieved in this matter.
Another section of the community to which I wish to draw the Minister's attention is that composed of very small shopkeepers in villages and smaller towns. The Minister knows of the growth of the larger shops and supermarts and as a result people who traditionally eked out a living in small shops are now very hard pressed. It is not much use estimating their means from the sale of goods without taking into account their circumstances otherwise. I found in a couple of cases— and this was true of elderly widows— that they had to obtain the goods from the local supermarket and then sell them at a few pence profit. In such circumstances, we should be able to devise a system of means testing which would be fairer in its operation.
Specifically, I want to refer to the operation of the scheme which the Minister announced two years ago to provide assistance for people living on small farms in congested areas. I want to draw his attention to one particular case which is typical of many. The scheduling of areas has been done on a basis which is difficult to understand. It is hard to see why certain areas, for instance in my own constituency of West Limerick, were selected, while others were not. I know the line must be drawn somewhere but I cannot understand why certain electoral divisions were included and others excluded. In the main, the position should be that if there are smallholders anywhere, they should benefit, if that was the Minister's intention, to enable them to eke out a living. The scheme should be uniform in operation and should not be confined to designated areas.
I wish to refer to the case of a constituent of mine who does not make any secret of his name. He is Mr. John T. Aherne, Glensherrold, Carrickkerry, who sought and obtained a qualification certificate No. M. 18737. He is a married farmer living on a smallholding with five young children. He was in receipt of the allowance which was applicable to him after a means test. He felt that this was some help in enabling him to remain on his holding as others did in that area. A time came when he got less than 24 hours notice to turn up for work on an emergency employment scheme. This was at a time of the year when he had cut his hay and, by arrangement with neighbouring small farmers, it was his week to take the milk of the others to the creamery. He pointed out that he could not turn up until he had the hay saved; there was nobody else to do it. He was then refused assistance on the ground that he failed to turn up for work when notified.
He appealed and appeared before an appeals officer of the Department. He pointed out that he had been constantly seeking work, outlined his circumstances and said he felt he was being treated most unfairly, as were others in this matter. He thought he would be restored the benefit but instead he received notice from the Department through the local office that the appeals officer, whose decision in his case was final, had decided that the applicant was not genuinely seeking and unable to obtain suitable employment under section 15 (b). The notice gave two specific dates, one being the day on which he was summoned to work with less than 24 hours notice, on which he had failed to turn up for work.
He pointed out to the officer concerned the grave hardship involved for him. He said that in his efforts to secure employment, his name had been on the books of Limerick County Council for 16 years for the job of lorry driver but he had never been called. Twelve months previously he applied to Shannon Meats, Rathkeale, but was never called. He applied to the Forestry Division for work and offered portion of his land to them in the hope that he might get employment. He was asked how he had lived prior to the social welfare scheme coming into operation and he replied truthfully that he had acted as part-time salesman for milking machines which had earned him £130 in 1964. He set out to sell milking machines in 1965 but because of the circumstances in which credit was not available to farmers and in which hire purchase arrangements had tightened up, he was unable to sell the product and consequently, though on paper he had sold quite a number of machines, for six months he had been working for nothing. He tried to get work from building contractors, pointing out that his sole income was the money from the milk of six cows, that he had to pay for grazing and that he had contracted with the Agricultural Credit Corporation for accommodation in respect of which repayments at this stage amounted to £40 16s 8d annually. He had to support himself, his wife and five children on the milk of six cows for five months.
I feel sure the Minister did not mean that the regulations should operate to deprive such people of benefit and I appeal to the Minister to clarify the situation. When this scheme was introduced, most people realised that qualification certificates were necessary to get benefits. I know of two other cases, single men, in the same area who were awarded 3/- a week and had to travel seven miles to the garda station to sign for that sum. I do not think that is the type of benefit the Minister had in mind or this House had in mind in regard to schemes of social assistance like this, and there is an obligation on the Minister to ensure that regulations governing such schemes should be spelled out clearly and unequivocally so that all might know what they are entitled to.
There is the means test according to valuation of holdings. There are localities and circumstances in which the land is poor and in which a different type of means test would be fairer. For instance, the amount a person is able to earn from a small holding could be taken as a gross figure and allowance made for vouched expenses. I urge the Minister to bear some such test in mind. If he does so, he will ensure that John T. Aherne and others like him will not be excluded. The only alternative for such people is to give up their holdings and emigrate. The Minister should ensure that the benefits he had in mind for them will reach them. At the moment the Act operates against them as if they were indolent and did not wish to work. Surely we should be able to devise a system to ensure that where people are naturally hardworking and trying to rear families on small holdings, people who do not refuse regular employment when it is offered to them will not suffer by the operation of these rules? There are circumstances in which people on small holdings must co-operate with one another in the transport of milk to the creamery. Their wives must help them with the hay, their children being too young in most cases. In such circumstances, it is not reasonable to penalise a man for not turning up for work. We must be understanding in these matters. The official who has the job of implementing the scheme should not be tied too tightly: he should be allowed to use his discretion in cases where he knows the circumstances warrant it.
The only other matter I wish to deal with is that involving applicants for illness benefit. I suggest there should not be such an unreasonable time lag between the application for benefit being made and its receipt. I know the Minister is more than sympathetic to such applicants: I have had experience of it in a case I brought to his notice. When a person is sick and has sent in a certificate of his illness from the local medical officer, he should not encounter such delays in payments. It is unfair that it becomes necessary to make an approach to the authorities on behalf of such people. Sometimes the local authority have to be approached for assistance to keep such people going until the sickness benefit turns up. This, incidentally, imposes a burden on the local authority who have to pay the amount out of their own funds and who, in turn, must investigate the person's entitlement. Even for this benefit, the applicant has to wait for some time, thus extending his agony. I urge the Minister to do everything possible to speed up these payments, to lessen the time-lag between the receipt of sickness certificates and the despatch of payments.
They are the only comments I wish to make on the Estimate. Specifically wanted to mention this new type social assistance for small farmers in my area and to ask the Minister if this is an arbitrary imposition confined to scheduled areas or does the Minister intend to vary these scheduled areas and give benefits to people in areas not now scheduled? If we segregate people any further, it will be naturally thought that we are imposing inferior status on people in certain circumstances.