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Dáil Éireann debate -
Tuesday, 18 May 1982

Vol. 334 No. 7

Written Answers. - Social Welfare Benefits.

813.

asked the Minister for Social Welfare if a person (details supplied) in County Galway is entitled to an increase in his unemployment assistance.

Following a review of his unemployment assistance claim, a deciding officer assessed the person concerned with means of £32.35 derived from the benefit of his wife's earnings with effect from 10 February 1982. The person concerned was advised of his right to appeal against the amount of means assessed against him but has not done so to date. He is currently in receipt of unemployment assistance at the weekly rate of £18.15 being the rate appropriate to a married man with one qualified child residing in a rural area, £50.50 less means of £32.35.

814.

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

The unemployment assistance claim of the person concerned was disallowed by a deciding officer on the grounds that his means derived from the value of his farm exceeded the statutory limit. The person concerned appealed against the assessment of his means but an appeals officer, whose decision is final, upheld the disqualification of his claim.

815.

(Dublin North-Central) asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in Dublin.

The person concerned claimed disability benefit from 27 March 1982 and was paid from 31 March 1982, fourth day of incapacity. Payment of all disability benefit and pay-related benefit due to 16 April 1982, after which date she was certified as fit to resume work, has been issued.

816.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Wexford who has been waiting for payment for a considerable time.

The person concerned claimed disability benefit from 9 January 1981 and was paid from 13 January 1981. When he had completed the period of 52 weeks in receipt of benefit in January 1982 his claim was reviewed pending inquiries regarding his contribution record in the 1980-81 contribution year on which his entitlement to further payment depended. Following the payment by his employer of outstanding contributions, which had the effect of qualifying the claimant for benefit, a cheque in payment of all disability benefit due issued on 13 May 1982.

817.

asked the Minister for Social Welfare whether unemployment assistance is payable to a person (details supplied) in Dublin, and if so, the reason for the delay in paying this money.

My Department are unable to trace receipt of any claim to unemployment assistance from the person concerned. If the Deputy will furnish details of the date of his application and the local office of the Department at which he lodged his claim, the matter will be fully investigated.

818.

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

The person concerned has not claimed unemployment benefit from my Department. He did, however, claim disability benefit from 19 March 1982 but he was not 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 1980-81, the contribution year governing his claim. In reply to an inquiry from my Department he stated that he had not been employed in that year.

819.

asked the Minister for Social Welfare when a person (details supplied) in County Wexford who has been waiting for a disability grant for a month will be paid.

The person concerned claimed disability benefit from 8 April 1982 and was paid from 12 April 1982, fourth day of incapacity, at the maximum appropriate rate. All disability benefit due to 7 May 1982, after which date he was certified fit to resume work, has been issued. Cheques in payment of the benefit issued on the following dates: 30 April 1982; 4 May 1982; 6 May 1982.

820.

asked the Minister for Social Welfare the reason dental benefit payments are being delayed in the case of a person (details supplied) in County Kerry.

A claim for dental benefit was received in my Department on 6 October 1981. As the contribution condition which requires the claimant to have not less than 26 contributions paid or credited in the governing contribution year was not satisfied on her insurance record, she was not qualified for dental benefit.

An inquiry was issued to the claimant on 16 November 1981 seeking details of any insurable employment in the period but despite the issue of a reminder she has not replied to this inquiry.

821.

asked the Minister for Social Welfare when benefit will be paid to a person (details supplied) in County Wexford who has been waiting for benefit for a considerable time.

The person concerned claimed disability benefit from 1 March 1982 but was not entitled to payment at the time as, according to the records of my Department, he had not the required minimum of 26 contributions in 1980-81, the contribution year governing his claim. Following inquiries it was established that the claimant had sufficient weeks of insurable employment in 1980-81 to qualify him for payment. All disability benefit and pay-related benefit due to 8 May 1982, the date of the last medical certificate received, has issued, less supplementary welfare allowance advanced by the health board.

822.

asked the Minister for Social Welfare if he is aware of the anomalous situation which derives from the contribution conditions laid down by his Department in order to qualify for an old age contributory pension; if he will confirm the example cited (details supplied) in respect of a particular case; if he will now agree that the person (details supplied) in Dublin should be entitled to an old age contributory pension; and if he will make a statement on the matter.

The qualifying conditions for old age contributory pension are as follows: (a) entry into insurance ten years prior to attainment of pension age — with certain exceptions in the case of persons born before 1922; (b) a total of 156 paid contributions since entry into insurance, and (c) a yearly average of 48 contributions, paid or credited, since 1953 or from entry into insurance, whichever is later, for maximum rate of pension, with phased reduced rates for persons with yearly averages down to 20 contributions paid or credited.

Arising from the calculation of the yearly average as prescribed, it is possible for a person with a relatively short period of insurance to qualify for pension. A person who was in insurable employment from 1935 to 1958 and then ceased to be so employed because he exceeded the salary limit, except for a period preceding pension age, could, however, fail to satisfy the statutory contribution condition relating to the average test. In this connection it is appropriate to mention that such a person would have had the option of becoming a voluntary contributor thus enabling him to preserve his full pension entitlements.

In the case of the person specifically mentioned by the Deputy in his question, that person reached pension age on 15 March 1982 and claimed old age contributory pension. He had paid ordinary rate contributions from 1953 to 1961, when his employment with CIE became permanent and pensionable. For contributory old age pension purposes his yearly average of contributions fell to be calculated from 5 January 1953 to 5 April 1981, the end of the contribution year immediately preceding that in which he reached pension age. In that period he had a total of 429 reckonable contributions which is the equivalent to a yearly average of 15 contributions. In these circumstances he did not qualify for a contributory old age pension.

As the Deputy is no doubt aware, it is the intention of the Government to put forward as soon as possible proposals for a national pension plan and it will then be possible to review the qualifying conditions for pension in the context of these proposals.

823.

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

Inquiries were necessary to establish that the person concerned fulfilled the statutory contribution conditions before her unemployment benefit claim from 10 March 1982 to 26 March 1982 could be determined. Her claim was subsequently allowed and she is due payment of arrears less the amount of supplementary welfare allowance which was advanced to her pending the completion of investigations of her claim. However, as the person concerned is no longer residing in this country a form has been made available to her to nominate another person to receive the amount due on her behalf.

824.

asked the Minister for Social Welfare if, in view of the facts of a case (details supplied) in Dublin, he will make immediate arrangements to reduce from £5 to £1 per week the amount being deducted from unemployment assistance as a repayment of an earlier overpayment.

Arrangements have been made to reduce deductions from unemployment assistance currently payable to the person concerned from £5 weekly to £1 weekly.

825.

asked the Minister for Social Welfare if he is aware of the facts of a case (details supplied) in County Dublin where a deserted husband with two children is expected to live on £35.00 per week unemployment assistance; the amount payable to a deserted wife with two children; if he will make arrangements for the same amount to be paid to deserted husbands; and if he will make a statement on the matter.

The person concerned is at present in receipt of unemployment assistance at the rate of £39.55 per week. The maximum rate payable for a man and two child dependants is £40.55 but £1.00 a week is being deducted in this case in recovery of an overpayment of unemployment assistance which he received in respect of his wife for a period after they had separated.

The maximum rate of deserted wife's allowance for a woman with two children is £52.30 per week. The rates of deserted wive's allowance are the same as the rates of widow's non-contributory pension.

An unemployed man, however, who is not living with or wholly or mainly maintaining his wife and who has a female person over 16 looking after his children may be paid an adult dependant's allowance in respect of such person. The present rate of this allowance is £18.95 a week.

The person concerned is receiving the appropriate payment under existing legislation and it is not possible to pay him in excess of what is provided under that legislation.

826.

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

The unemployment benefit claim of the person concerned was disallowed by a deciding officer on the grounds that she did not satisfy the statutory condition which requires that she be available for employment. She appealed against the disallowance but following an oral hearing of her case an appeals officer upheld the disqualification of her claim.

If the person concerned considers that her position has changed and that she is now available for employment, it is open to her to repeat her claim to unemployment benefit at her local office and to have her case statutorily decided.

827.

asked the Minister for Social Welfare the reason no fuel vouchers have been provided for persons (details supplied) in Dublin.

I understand from the Eastern Health Board, which administers the national fuel scheme in Dublin, that no application was received from the persons concerned in the 1981-1982 period. They have now been interviewed by the community welfare officer who reports that the husband is in receipt of a civil service pension of £115.66 a month as well as a contributory old age pension of £37.25 a week while his wife has a contributory old age pension of £40.25 a week.

As the 1981-82 fuel scheme has now ended no application can be entertained at this stage but the persons concerned would appear to be outside the terms of the scheme on the means grounds.

828.

asked the Minister for Social Welfare the reason no increase was granted in the disability benefit paid to a person (details supplied) in Dublin.

The person concerned claimed disability benefit from 23 March 1981 and was paid from that date at the maximum appropriate rate which included increases for dependants. All disability benefit and pay-related benefit due to 22 May 1982 has been issued.

The social welfare regulations provide that the combined weekly rate of disability benefit and pay-related benefit may not exceed a person's reckonable earnings in the tax year relevant to his claim. As from 5 April 1982, the date the budget increases came into operation, the rate of flat-rate benefit was increased but the rate of pay-related benefit was reduced so that the total amount of disability benefit and pay-related benefit in payment (£105.04) would not exceed the claimant's reckonable weekly earnings (£105.04) in 1979/80, the tax year relevant to his claim.

829.

(Waterford) asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford has not yet been paid disability benefit for the following days: 11, 18, 20, 25 and 27 January; 1, 3, 15, 17, 22 and 24 February; 1, 3, 8, 10, 15, 17, 22, 24, 29 and 31 March and 5, 7, 12, 14, 19, 21, 26 and 28 April 1981.

The person concerned claimed disability benefit from 19 January 1981 and has been paid from that date to 22 May 1982. He indicated to my Department at the commencement of his claim that he would be employed each week on Mondays and Wednesdays and would be attending a Dublin hospital for kidney dialysis treatment on the other days. Special arrangements were, therefore, made in his case for the payment of benefit on a four-day week basis. All payment due on this basis has accordingly been made from the commencement of his claim.

He has not indicated that there has been any change in the original arrangements made and as the dates quoted by the Deputy all refer to Mondays and Wednesdays of the weeks concerned arrangements are being made for an inspector of my Department to visit the claimant at an early date to clarify the position. On receipt of the inspector's report the position will be reviewed.

830.

(Waterford) asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford has not received occupational injury benefit since March 1981.

The person concerned claimed occupational injury benefit for the following periods:— 6 February 1981 to 16 February 1981; 23 February 1981 to 25 February 1981; 2 March 1981 to 7 March 1981; 16 March 1981 to 28 March 1981; 27 May 1981 to 6 June 1981 and 29 June 1981 to 2 November 1981 in respect of a prescribed disease due to the nature of his employment.

Pending inquiries regarding the nature and origin of the incapacity he was paid disability benefit and pay-related benefit on an interim basis.

On completion of the inquiries, which were necessarily protracted, it was accepted that the incapacity was due to his employment. Payment of injury benefit was allowed to 6 August 1981, when his entitlement to injury benefit ceased on the expiration of 26 weeks from the date of commencement of the prescribed disease. Payment of all injury benefit due, less disability benefit paid on an interim basis, was issued on 17 May 1981.

Payment of disability and pay-related benefit has continued in respect of subsequent periods of incapacity after 6 August 1981. Payment has now been made to 17 May 1982, the date of the latest medical certificate received.

The claimant has also claimed disablement in respect of his prescribed disease. Arrangements have been made to have him examined by a medical referee on 28 May 1982, for the purposes of assessing the extent of his disablement resulting from his incapacity. When the report of the medical referee is received a decision will be given on his entitlement to disablement benefit and any arrears due will be issued.

831.

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

The person concerned was not entitled to unemployment benefit during the periods 28 July 1981 to 20 October 1981 or 17 November 1981 to 24 November 1981 as the contributions paid by her during the relevant contribution period, when she was a permanent and pensionable employee of a local health authority, were not of a class which provided cover against unemployment. She did, however, receive payment in error during the period 28 July 1981 to 20 October 1981.

The person concerned has not been in touch with her local office since 24 November 1981.

832.

asked the Minister for Social Welfare the reason a death grant has not been paid to a person (details supplied) in County Meath.

The scheme for the payment of death grants was introduced from 1 October 1970 and only contributions paid after that date count for death grant purposes. The deceased was over pensionable age on 1 October 1970 and, accordingly, had no employment contributions to her credit after that date. The contribution conditions are not, therefore, satisfied and a death grant is not payable in this case.

833.

asked the Minister for Social Welfare when arrears of widow's pension which are due from March 1982 and at an increased rate from 2 April, 1982 will be paid to a person (details supplied) in County Galway.

The pension book, containing orders payable from 14 May 1982, was sent to the designated post office on 12 May 1982 for collection by the widow. The arrears of pension due have been paid direct to her by cheque.

834.

asked the Minister for Social Welfare if he will arrange for unemployment benefit at the maximum rate to be paid to a person (details supplied) in County Galway.

The person concerned exhausted his entitlement to unemployment benefit on 11 December 1981 when he completed 390 days. He will not requalify for unemployment benefit until he obtains at least 13 weeks of insurable employment.

His claim to unemployment assistance was allowed from 12 December 1981. He is presently in receipt of weekly payments of £80.00 which is the maximum rate appropriate to a married man with six qualified children with nil means residing in a rural area.

835.

asked the Minister for Social Welfare if he will restore disability payments to a person (details supplied) in County Galway.

The person concerned was in receipt of disability benefit continuously for a period of 52 weeks from 16 October 1980 to 14 October 1981. According to the records of my Department he had less than 156 paid contributions to his credit since his entry into insurance and, therefore, he was not entitled to payment of benefit beyond that period.

As the claimant had been employed in England inquiries were made with the British Department of Health and Social Security with a view to ascertaining whether he had sufficient contributions there to qualify him for further payment. These inquiries have now been completed and it has been established that he has the required 156 contributions to qualify him for further benefit. A cheque representing arrears due for the period 15 October 1981 to 22 February 1982, after which date the claimant was considered capable of work following an examination by a medical referee, issued on 17 May 1982.

He appealed against the decision disallowing payment from 23 February 1982 and arrangements have been made to have him again examined by a medical referee at an early date. On receipt of the report of this examination his entitlement to benefit will be reviewed.

836.

asked the Minister for Social Welfare when his Department will be in a position to pay a deserted wife's allowance to a person (details supplied) in Dublin.

The person concerned claimed a deserted wife's benefit from my Department on 12 October 1981. Following further inquiries, which were protracted by reason of the fact that the husband is living in America, it has now been decided to review the original decision refusing the benefit and to allow payment on the claim. A pension order book with orders payable from 20 April, 1982 has been issued to the designated post office, for collection by her. The arrears of benefit will be issued shortly.

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