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Dáil Éireann debate -
Wednesday, 4 Nov 1981

Vol. 330 No. 7

Written Answers. - Social Welfare Benefits.

495.

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

The person concerned claimed disability benefit from 6 March 1972 and has been paid all benefit due to 7 November 1981 at the maximum appropriate rate. Due to an administrative error payment was inadvertently terminated on 19 September 1981 when his claim was being reviewed in connection with the reduction of the rate of benefit when one of his children attained age 18 years. The matter has since been corrected and an adjusting cheque paying all arrears due has been issued.

496.

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

The person concerned claimed disability benefit from 6 April 1981 and has been paid, at the maximum appropriate rate, from 9 April, fourth day of incapacity, to 9 May 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.

497.

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

The person in question has six qualified children. However, due to a clerical error a renewal book in respect of five qualified children issued to her in July 1981. An allowance book in respect of the sixth child with orders cashable from August 1981 issued on 13 October 1981. A payable order for £9.00 in respect of the allowance for this child for the month of July 1981 was issued on 29 October 1981.

498.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Galway; and the reason for the delay in making payment.

As all flat-rate unemployment benefit payable to the person concerned has been paid as weekly payments become due it is presumed that the Deputy's question refers to the claimant's entitlement to pay-related benefit.

My Department had no record of earnings during the relevant April 1979 to April 1980 income tax year to enable the claimant's entitlement to pay-related benefit to be determined. She was asked to furnish details of her earnings and did so about mid-August 1981. However the local office inadvertently delayed sending the form to headquarters until about 10 September, following which the necessary calculation was carried out and pay-related benefit was allowed at the rate of £7.03 weekly.

All arrears of pay-related benefit were paid to her during the week ended 15 September 1981 and weekly payments will continue as they fall due.

499.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Galway who has been signing on since 25 September 1981.

Inquiries to determine the eligibility of the person concerned to unemployment benefit were necessary before the claim could be decided by a deciding officer. The investigations have now been completed and the claim has been allowed. The person concerned is entitled to payment at the rate of £75.00 weekly increased to £77.30 from 5 October 1981. Arrangements have been made to pay all arrears due this week.

500.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Carlow who has been submitting certificates since 7 April 1981.

The person concerned claimed disability benefit from 7 April 1981 to 3 June 1981, after which date he was certified fit to resume work. He was not, however, qualified for payment as, according to the records of my Department, he had less than the required minimum of 26 contributions, paid or credited, in 1979-80, the contribution year governing his claim. In fact apart from nine weeks employment in 1977 he has no contributions to his credit since 1952.

501.

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 claimed disability benefit from 10 September 1981. When he first claimed benefit he was not entitled to payment as, according to the records of my Department, he was not qualified on his insurance record in the contribution year 1979-80. Following inquiries it was established that he had sufficient weeks of insurable employment in that year to qualify him for payment on his claim. All benefit due from 14 September 1981, fourth day of incapacity, to 30 October has been issued.

502.

asked the Minister for Social Welfare if she will sanction free travel and an invalidity pension for a person (details supplied) in County Cork.

An invalidity pension payable from 12 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. A free travel pass was issued to him on 30 October 1981.

503.

asked the Minister for Social Welfare if she will arrange to have an application for a non-contributory widow's pension re-investigated and a pension granted to a person (details supplied) in County Cork in view of the special circumstances of the case.

A claim for a widow's non-contributory pension from the person concerned was refused on the grounds that her means derived from the estimated yearly value of a farm exceeded the statutory limit for receipt of pension by a widow with six qualified children. She appealed and an appeals officer upheld the decision refusing her a widow's pension. The decision of the appeals officer is final and is subject to review only in the light of new evidence or of new facts brought to his notice since the date on which it was given or if it appears to him that there has been any relevant change of circumstances in the meantime. If at any stage the claimant shows that such new evidence has come to light or a change of circumstances has occurred her claim will be reviewed.

504.

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

Payment of unemployment benefit to the person concerned was suspended pending the completion of inquiries when it was ascertained that she had been receiving disability benefit for a period while claiming unemployment benefit. The inquiries have now been completed and arrangements have been made to resume payment of unemployment benefit this week.

The amount of unemployment benefit paid to her while receiving disability benefit had to be disallowed and will be deducted from the arrears of unemployment benefit due to her.

505.

asked the Minister for Social Welfare if she will obtain the consultant's report on a person (details supplied) in County Donegal and have it considered by the appeals officer.

The person concerned claimed disability benefit from 3 January 1981 and was paid from 7 January 1981, fourth day of incapacity, to 12 May 1981 at the maximum appropriate rate. Payment was disallowed after that date following his examination by a medical referee of the Department who expressed the opinion that he was capable of work.

He appealed against the decision to disallow payment of benefit and was again examined by a different medical referee who also expressed the opinion that he was capable of work. The matter was then referred to an appeals officer who upheld the decision of the deciding officer that the person concerned was not incapable in the period 12 May 1981 to 18 September 1981, the date of the latest medical evidence before him at that time, and was not entitled to be paid disability benefit.

The person concerned indicated to the appeals officer at the oral hearing that he was attending a consultant from whom he could obtain a report of his incapacity and submit it in connection with his appeal. In the event he failed to submit the certificate and the appeals officer decided the case on the basis of the evidence before him. The onus of providing medical evidence to support his appeal rests with the claimant but if a consultant's report is provided by the claimant the question of paying a fee to the consultant will be considered.

506.

asked the Minister for Social Welfare why a person (details supplied) in County Donegal was not paid pay-related benefit for the period 14 July to 29 September 1980 when she was receiving disability benefit.

The person concerned claimed disability benefit from 14 July 1980 and payment was made from 17 July 1980, fourth day of incapacity, to 27 September 1980, after which date she was certified fit to resume work. She was requested at the time to furnish particulars of her earnings in the 1978-79 tax year, which determines her entitlement to pay related benefit, but she failed to do so. Inquiries addressed to her employer have since established her reckonable earnings in that year and a cheque in payment of the arrears of pay-related benefit due has issued.

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