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Dáil Éireann debate -
Thursday, 8 May 1980

Vol. 320 No. 7

Ceisteanna—Questions. Oral Answers. - County Cavan Unemployment Assistance Applicant.

85.

(Cavan-Monaghan) asked the Minister for Social Welfare if his attention has been drawn to the case of an applicant (details supplied) for unemployment assistance in County Cavan who had her means assessed at £18 per week derived from benefit of board and lodging in her father's home, if he considers this reasonable and if he will take steps to have the regulations amended.

I have examined this case and I find that a deciding officer of my Department, in the normal manner assessed the person concerned with the value of her board and lodgings in her father's home by reference to the size and standard of living of the household. The applicant claimed unemployment assistance for a short period between November 1978 and January 1979 during which time she was living at home with her father who was in a full-time occupation and was running a farm of which he was the owner. As the assessment exceeded the statutory limit for entitlement which stood at £11.35, and in fact did so by a considerable margin, the applicant was not entitled to payment of unemployment assistance.

The yearly value of board and lodging is one of the items which deciding officers and appeals officers are obliged by the law to take into account in the assessment of the means of applicants for unemployment assistance.

The legislation does not specify the method by which the value of board and lodgings should be calculated. Each case is decided on its merits having regard to the standard of living of the household and the circumstances of the applicant.

While I have no proposals before me to amend the existing legislation, I have the question of the manner of assessing the value of board and lodgings kept under continuous review in my Department to ensure that the amounts of the individual assessment will in all cases reflect in a reasonable manner the value of the benefit to the applicant.

Is there any prescribed method for assessing the value of board and lodging for means purposes in this case? Is the Minister aware that there are considerable anomalies as far as assessment of board and lodgings is concerned? For some benefits, such as old age pensions, board and lodgings are not assessed as a means at all and in the case of other benefits they are assessed at a high level. This is an anomalous situation.

The legislation does not specify the method by which board and lodgings should be calculated. For this reason, following a written question, I asked that the method be reviewed.

Is it being reviewed with a view to giving guidelines in the matter?

Yes. Guidelines are in use——

Guidelines which are in existence?

Does the Minister not think it unfair that the income of a father is taken into account in determining the eligibility for assistance benefit of this kind even though the son would have no income of his own?

Under existing legislation the benefit derives through the father to the son or daughter and, therefore, for unemployment assistance the income of the family must be taken into consideration.

Does the Minister not think that this could lead to hardship?

I agree that there could be hardship in some instances and that is why I asked for the guidelines to be looked at.

There are variations in different parts of the country.

Yes, and this is why I asked for it——

This is not done by health boards but by the Department.

It is done by officers locally.

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