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Dáil Éireann debate -
Tuesday, 3 Nov 1981

Vol. 330 No. 6

Written Answers. - Social Welfare Benefits.

500.

asked the Minister for Social Welfare the number of days per week that a person must be employed so as to qualify for unemployment benefit in the event of becoming unemployed.

I presume that what the Deputy has in mind is the minimum amount of employment which a person would require to engage in each week in order to warrant payment of a social insurance contribution at a class which would be reckonable for unemployment benefit purposes. This is governed by the Social Welfare (Subsidiary Employments) Regulations, 1979 and the Social Welfare (Employment of Inconsiderable Extent) Regulations, 1979 which came into operation on 6 April 1979 with the introduction of the pay-related social insurance (PRSI) contribution system.

Briefly the position since that date is that persons whose employment is of a subsidiary nature, that is employment which is not ordinarily the principal means of livelihood, and which is specified as such by the Social Welfare (Subsidiary Employments) Regulations, are insurable at the Class J rate of contribution. A Class J rate of contribution provides coverage for occupational injury and health purposes only.

Similarily persons engaged in employment of inconsiderable extent are also insurable at the Class J rate of contribution. Employment of inconsiderable extent means employment where (a) the total hours worked by an employee, whether for one employer or between two or more employers is less than 18 in a week and (b) the employee is not mainly dependent on the earnings received for the total hours worked or (c) an employee has only one job for which he/she is paid at a rate less than £6 a week or £26 a month.

501.

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

The person concerned claimed maternity benefit in respect of her confinement expected on 10 October 1981. She did not qualify for payment on her 1979-80 insurance record but following inquiries it was established that she was qualified on her record for 1978-79.

A cheque paying maternity benefit for the period 1 September 1981 to 17 October 1981 was issued on 13 October 1981. Further payments are being made on a weekly basis up to 21 November 1981 when her entitlement ceases.

502.

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

An appeals officer recently revised the means of the person concerned and accordingly he is now entitled to unemployment assistance at the maximum rate namely £19.75, increased from 30 September 1981 to £20.35. Arrangements have been made to pay all arrears due this week.

503.

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

The claim for unemployment assistance of the person concerned has been disallowed by a deciding officer with effect from 27 July 1981 on the grounds that the claimant is not fulfilling the statutory requirement of genuinely seeking work. If the person concerned is dissatisfied with the decision of the deciding officer, it is open to him to appeal and to have his case referred to an appeals officer for determination. A from for this purpose may be obtained at his local employment office.

504.

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

The person concerned claimed disability benefit but the only medical evidence received in my Department was a final certificate indicating he was fit to resume work on 28 September 1981. Pending receipt of earlier evidence of incapacity his claim was initially admitted from 21 September and payment was made from 24 September, fourth day of incapacity, to 26 September 1981.

Following inquiries it was intimated by his employer that he had been ill and absent from work from 15 September to 28 September 1981. An adjusting cheque paying from 18 September, fourth day of incapacity, to 23 September has now been issued. He has therefore been paid all disability benefit due in respect of his incapacity at the maximum appropriate rate.

He is not entitled to pay-related benefit.

505.

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

The person concerned claimed disability benefit from 24 August 1981 and was paid from 27 August 1981, fourth day of incapacity, at the maximum appropriate rate. All benefits due to 19 September 1981, after which date he was certified fit to resume work, has been issued.

The cheques were issued to an address at which the claimant had previously resided but when it was discovered that they had not been received by him a replacement cheque for the full amount due was issued to him at his present address.

506.

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

The person concerned claimed disability benefit from 18 July 1981 but was not qualified for payment at the time as, according to the records of my Department, he had not the required minimum of 26 contributions paid since his entry into insurance. Following inquiries it has been established that he had sufficient weeks of insurable employment to qualify him for benefit. All disability benefit due, less refund to the health board of supplementary welfare allowance advanced, has been paid to 5 September 1981, after which date he was certified fit to resume work.

When details of his earnings in the relevant tax year are available pay-related benefit, if due, will issue.

507.

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

The person concerned claimed disability benefit from 27 July 1981 and was paid from 30 July, fourth day of incapacity. Payment of all disability benefit and pay-related benefit due has been made to 5 September 1981, after which date she was certified fit to resume work.

508.

asked the Minister for Social Welfare when an invalidity pension will be sanctioned for a person (details supplied) in County Dublin as the application was made over two months ago.

An invalidity pension payable from 5 November 1981 has been awarded to the person concerned. The pension book has been forwarded to the designated post office of payment for collection by him.

509.

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

An appeals officer has decided that the person concerned is entitled to a non-contributory old age pension at the maximum rate plus an allowance for his wife, with effect from 3 April 1981. The appropriate pension order book has issued and the arrears due are in course of issue.

510.

asked the Minister for Social Welfare if she will arrange to have unemployment benefit paid to a person (details supplied) in County Cork.

The person concerned is not entitled to unemployment benefit as her claim was disallowed on the grounds that she did not fulfil the statutory condition of being available for work.

She appealed against the decision disallowing her claim but an appeals officer upheld the disallowance.

The decision of the appeals officer is final and conclusive in the absence of new facts or fresh evidence.

511.

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

There is no record of the receipt of a claim for benefit from the person concerned.

It is understood however that he sustained an injury to his hand on 30 April 1981. Inquiries as to the nature and origin of his incapacity are necessary before his entitlement to occupational injury benefit can be determined. On completion of these inquiries a decision will be given on his claim and he will be advised of the decision.

Ordinarily he would be paid disability benefit on an interim basis in such circumstances but as he has no paid contributions to his credit he has no title to such payment. In fact he does not appear to have registered for RSI purposes in respect of his employment.

512.

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

The person concerned was in receipt of disability benefit from 30 October 1977 to 11 October 1980. Payment was disallowed after that date following examination by a medical referee who considered him capable of work.

He appealed against the disallowance of benefit and he was again examined by a different medical referee who also considered him capable of work. The appeals officer to whom the case was referred upheld the decision that he was not incapable of work during the period from 13 October 1980 to 22 June 1981, the date of the latest medical certificate before him, and that he was not entitled to be paid disability benefit.

As he has continued to submit medical evidence arrangements are being made to have him again examined by a medical referee. On receipt of the report of this examination his case will be reviewed.

Due to an administrative error he was however paid disability benefit, at the personal rate, from 3 July 1981 to 12 October 1981.

513.

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

The person concerned claimed disability benefit from 20 July 1981 and was paid at the personal rate only from 23 July 1981, fourth day of incapacity, to 17 August, after which date he was certified fit to resume work. Following inquiries it was ascertained from his employers that he had in fact been ill and absent from work from 22 June 1981 to 17 August 1981. An adjusting cheque paying from 25 June, fourth day of incapacity, to 22 July was therefore issued.

In addition, increases of benefit due in respect of his wife and four dependent children were also paid following receipt of the completed claim form giving particulars of these dependants.

When details of his earnings in 1979-80, the relevant tax year, are available, pay-related benefit, if due, will issue.

514.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Cork.

The person concerned claimed disability benefit from 25 August 1975 and was paid from that date to 31 August 1981 at the maximum appropriate rate. Payment of benefit was disallowed after 31 August 1981 following examination by a medical referee of my Department who expressed the opinion that he was capable of work.

He appealed against the decision to disallow payment of benefit and in this connection he will be again examined on 9 November 1981 by a different medical referee. When the result of this examination is received his claim will be reviewed.

515.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Cork.

The person concerned claimed disability benefit from 19 September 1981 and has been paid, at the maximum appropriate rate, from 23 September 1981. All disability benefit, and pay-related benefit, due, less reimbursement to the health board of supplementary welfare allowance advanced, has been paid to 31 October 1981.

The delay in payment is due to the fact that he is quoting his old insurance number only on some of his certificates submitted in support of his claim whereas it is essential that he should also quote his RSI number.

516.

asked the Minister for Social Welfare why disability benefit has not been paid to an eligible applicant (details supplied) in County Mayo.

The person concerned claimed disability benefit from 16 February 1981 but she only submitted one medical certificate. As she quoted an incorrect RSI number the certificate was returned to her for insertion of the correct number.

Following inquiries regarding the period of her incapacity, all disability benefit and pay-related benefit due on her claim from 19 February, fourth day of incapacity, to 14 March 1981, after which date she resumed work, has issued.

517.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Kilkenny.

The person concerned originally claimed disability benefit from 16 February to 17 April 1981. She was, however, paid in error to 23 April, resulting in an overpayment.

She made a further claim to benefit from 25 April to 6 June and a cheque for the amount of disability benefit and pay-related benefit due, less a deduction in respect of overpayment on the previous claim, has issued.

The delay in payment was due to an administrative error.

518.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Kilkenny as certificates have been submitted for the past 14 weeks.

The person concerned claimed disability benefit from 17 July 1981. He has been paid all disability benefit and pay-related benefit due from 21 July 1981, fourth day of incapacity, to 31 October 1981 at the maximum appropriate rate, after deduction of the amount of supplementary welfare allowance due for refund to the local health board.

When he claimed benefit originally he was not entitled to payment as according to the records of my Department, he had less than the required minimum of 26 paid contributions since his entry into insurance. Following inquiries, which were protracted, it was established that he had further weeks of insurable employment which qualified him for payment of benefit.

519.

asked the Minister for Social Welfare the reason for the delay in paying unemployment benefit, which is owned for the past ten weeks, to a person (details supplied) in County Kilkenny.

The person concerned does not satisfy the statutory contribution conditions for unemployment benefit on the basis of his Irish contribution record. Inquiries are at present being made to ascertain details of his employment while resident in the United Kingdom as the British authorities are unable to identify an insurance record for him on the particulars which he furnished.

Pending the completion of these inquiries a claim for unemployment assistance has been accepted from him and his means are being investigated by a social welfare officer.

As soon as the necessary inquiries are finalised his unemployment assistance claim will be decided immediately.

520.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit in respect of seven weeks in 1979 to a person (details supplied) in County Carlow.

The person concerned claimed disability benefit from 10 July 1979 and has been paid from that date to 7 November 1981 at the maximum appropriate rate.

He reported the non-receipt of seven cheques which issued in the period 4 October 1979 to 13 November 1979. As however the cheques concerned had been returned cashed to my Department by the bank it was decided that an inspector should visit him and allow him to inspect the paid cheques. Following examination of the signature on each of the cheques he intimated that he was satisfied that he had, in fact, received and cashed the seven cheques. He signed a statement to that effect.

521.

asked the Minister for Social Welfare when unemployment benefit in respect of a four-week period will be paid to a person (details supplied) in County Wicklow.

The person concerned claimed unemployment benefit from 27 June 1981 to 15 August 1981.

Her claim was disallowed for three weeks because she was in receipt of holiday pay from her employer. She was subsequently paid unemployment benefit for the balance of the period at the weekly rate of £22.00 and pay-related benefit at £3.98 weekly.

She was underpaid an amount of £12.99 but arrangements have been made to pay her this amount this week.

522.

asked the Minister for Social Welfare when free electricity and TV allowances will be granted to a person (details supplied) in County Westmeath who is on permanent disability benefit.

The application for free electricity allowance from the person concerned has been approved from June/July 1981 billing period onwards. The ESB has been instructed to apply the allowance to his electricity account from that period.

As he qualifies for a free electricity allowance he is also entitled to a free television licence in respect of a monochrome receiver. Application should be made for the licence at the post office where he cashes his pension.

523.

asked the Minister for Social Welfare when unemployment benefit in respect of a four-week period will be paid to a person (details supplied) in County Wicklow.

The person concerned claimed unemployment benefit from 27 June 1981 to 15 August 1981. He satisfied the contribution conditions for entitlement at the weekly rate of £24.55 but he was not entitled to benefit for the first three weeks of his claim as he was in receipt of holiday pay from his employer during that period. The balance of unemployment benefit due was paid as payments became due.

Inquiries to establish his entitlement to pay-related benefit were recently completed and his claim was allowed at £32.40 weekly.

Arrangements are being made to pay all arrears due this week.

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