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Dáil Éireann debate -
Wednesday, 23 Feb 1983

Vol. 340 No. 5

Written Answers. - Social Welfare Benefits.

348.

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 occupational injury benefit on 2 December 1982 in respect of an incapacity which he attributed to an accident at work on 26 November 1982.

He did not then qualify for payment of disability benefit on an interim basis pending completion of investigation of the accident in the absence of at least twenty six contributions recorded in the 1980-81 governing contribution year.

From 3 January 1983 his claim was governed by his contribution record in the 1981-82 contribution year. He satisfied the contribution conditions in that year and payment of benefit in respect of the period up to 17 January was made by cheque on 25 January.

In the meantime the employers confirmed the occupational accident and injury benefit was allowed from 27 November (first day of incapacity). His 1980-81 contribution record (52 AI Contribution) was also confirmed. The contributions gave an underlying title to disability benefit (from November, 1982) and consequently qualified the claimant to receive pay-related benefit with his injury benefit.

Pay-related benefit was awarded from 11 December 1982 the 13th day of incapacity and all benefit due in respect of the period up to 24 January 1983, the final day of certified incapacity, has now been paid.

349.

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

The person concerned claimed occupational injury benefit on 5 August 1982, in respect of an incapacity resulting from an accident at work on 16 July 1982.

He has no contributions recorded as paid or credited in the governing contribution year 1980-81 which would enable him to obtain disability benefit on an interim basis.

Following confirmation of the occupational accident, injury benefit was awarded in respect of the period from 17 July 1982, the first day of incapacity. In the absence of an underlying title to disability benefit he was not entitled to pay-related benefit.

A cheque for £530.23 was issued on 22 February 1982 in respect of injury benefit due for the period up to 25 October 1982, when he was certified fit to resume work. The balance of £715.35 was refunded to the Southern Health Board in respect of supplementary welfare allowance advanced in the period.

350.

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

The person concerned is not entitled to unemployment assistance on the grounds that his means derived from self-employment as a mechanic are in excess of the statutory limit.

However, he has appealed against the disallowance and arrangements are being made to have his case determined by an Appeals Officer. His entitlement to unemployment assistance will be reviewed in the light of that officer's decision.

351.

asked the Minister for Social Welfare if he will consider extending the free telephone rental allowance to two old age pensioners who live in the same dwelling; and if he will make a statement on the matter.

The purpose of the free telephone rental allowance scheme is to ensure that aged or disabled persons will have access to aid in an emergency. Allowances under the scheme are confined to qualified pensioners who are either living entirely alone or are living with persons who are so permanently incapacitated as to be unable to summon such aid. In the case of two old age pensioners living together, an allowance is payable only if one of them is permanently incapacitated.

The scheme as it stands will cost over £3 million in 1983 and in present circumstances it is not possible to consider any extension that would involve additional cost.

352.

asked the Minister for Social Welfare if he will arrange to have the case of a person (details supplied) in County Cork who is an applicant for disability benefit reinvestigated immediately in view of the fact that he is totally incapable of work, which has been supported by the evidence of an independent consultant; and if he will make a statement on the matter.

The person concerned was paid disability benefit from 22 July 1982 to 13 September 1982. Payment was disallowed after that date for a period of six weeks as he failed to attend for examination by a medical referee. He attended however on 1 October 1982 and was examined by a medical referee who expressed the opinion that he was capable of work.

He appealed against the disallowance and, in connection with his appeal, he was examined on 18 November 1982 by a different medical referee who also considered him to be capable of work.

His case was then referred to an appeals officer for determination. The Appeals Officer, held an oral hearing of the case at which the claimant was present. Following the hearing and having regard to the medical reports in the case, including the specialist report of 13 January 1983, the appeals officer decided that the claimant was not incapable of work during the period from 1 October 1982 to 10 January 1983 (the date of the latest medical certificate before him) and is not entitled to be paid benefit in respect of that period. Medical evidence of incapacity from his doctor has not been received since that certifying incapacity to 10 January 1983.

On review of the case it has been decided to waive the disallowance for failure to attend for the medical referee examination originally scheduled. Payment of benefit for the period from 14 September 1982 to 30 September 1982 is, accordingly, being issued to the claimant.

353.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in Dublin 5 who was not paid in respect of three weeks entitlement.

The person concerned claimed disability benefit from 22 October 1982 and has been paid to 14 February 1983 date of latest medical certificate received. He informed the Department that he did not receive two cheques which were issued on 15 December and 18 December 1982 respectively. The cheques in question were cashed and returned by the Bank to the Department.

Arrangements have been made for an inspector of the Department to interview the claimant at an early date to give him an opportunity of examining the cashed cheques.

354.

asked the Minister for Social Welfare if he will arrange to have unemployment assistance paid to persons (details supplied) in County Kilkenny.

The first person named by the Deputy is not entitled to unemployment assistance because a qualification certificate was refused on the grounds that his means exceeded the statutory limit. He appealed against the disallowance and his case was referred to a social welfare officer for additional enquiries. When enquiries are completed his case will be referred to an Appeals Officer for determination and his entitlement to unemployment assistance will be reviewed in the light of his decision.

The second person named by the Deputy is not entitled to unemployment assistance on the grounds that the means assessed against him exceed the maximum rate of unemployment assistance payable to him. He has applied for a reinvestigation of his means and his case has been referred to a social welfare officer for investigation. His entitlement to unemployment assistance will be reviewed in the light of his report.

The third person named by the Deputy is not entitled to unemployment assistance as his qualification certificate was revoked on the grounds that by failing to furnish details of his means he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance and his case has been referred to a social welfare officer for additional enquiries. When these are completed his case will be submitted to an Appeals Officer for determination and his entitlement to unemployment assistance will be reviewed in the light of his decision.

The fourth person named by the Deputy is not entitled to unemployment assistance as his qualification certificate was revoked on the grounds that by failing to furnish details of his means he failed to show that his means do not exceed the statutory limit. He recently applied to have his means re-investigated and arrangements are being made to have his case investigated by a social welfare officer. His entitlement to unemployment assistance will be reviewed in the light of his report.

355.

asked the Minister for Social Welfare if he will re-examine the amount of unemployment benefit being paid to a person (details supplied) in County Galway with a view to granting him an increase.

The person concerned is not qualified for unemployment benefit. He was however in receipt of unemployment assistance at the weekly rate of £12.25 being the maximum rate payable to him £25.45 less means £13.20, derived from the value of board and lodging.

His case was recently reviewed and the assessment of his means was reduced to £10.75 weekly.

He is accordingly entitled to unemployment assistance at the weekly rate of £14.70 being the maximum rate £25.45 less means £10.75. Arrangements have been made for the early payment of adjusting arrears.

Further weekly payments at £14.70 will be made as they become due.

356.

asked the Minister for Social Welfare if a married lady is entitled to pay related social insurance benefits following her retirement from work or if she is made redundant.

Pay-related benefit is payable as a supplement to unemployment benefit, disability benefit and maternity allowance. It is also payable with injury benefit if the insured person would be entitled to receive disability benefit or maternity allowance were he/she not receiving injury benefit.

Payment depends on the existence of entitlement to the flat rate benefit as indicated above and to the level of reckonable earnings in the relevant tax year. It does not depend on the sex or marital status of the claimant.

Pay-related benefit is not payable as a supplement to retirement pension.

If the Deputy has a particular case in mind, I will be glad to give him further information on receiving particulars from him.

357.

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

The person concerned does not satisfy the contribution conditions for entitlement to unemployment benefit.

He claimed unemployment assistance and his case is being investigated by a Social Welfare Officer. When all the enquiries are completed his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.

He is, however, in receipt of supplementary welfare allowance pending a decision on his eligibility for unemployment assistance.

358.

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

Inquiries were necessary to establish that the person concerned fulfilled the requirement of being capable of work before his entitlement to unemployment benefit could be determined.

The inquiries were recently completed and his claim was allowed at the weekly rate of £75.00. An order issued to him last week for encashment at his local post office paying all arrears due, less the amount of supplementary welfare allowance which had been advanced to him pending a decision on his case.

Further weekly payments will be made as they become due.

359.

asked the Minister for Social Welfare the reason an unmarried mother's allowance was withdrawn from a person (details supplied) in County Kilkenny; and the allowance that will now be granted to her.

The woman concerned had been in receipt of unmarried mother's allowance from October 1973 until recently, when her allowance was terminated.

Among the conditions for receipt of this allowance are that the claimant has a qualified child residing with her and she must not be cohabiting with any person as man and wife. As a result of recent investigations, however, it came to light that this woman does not have a qualified child residing with her and that she has been living with another person as man and wife since 2 July 1981.

Her allowance has therefore been terminated with effect from that date and she has been notified accordingly and of her right to appeal, if she is dissatisfied with the decision.

360.

asked the Minister for Social Welfare the reason disability benefit was not paid for 11 months during 1980 to a person (details supplied) in County Louth; and when he will receive payment.

The person concerned is not entitled to payment of disability benefit in respect of his period of incapacity for work during 1980, as according to the records of my Department he has not the required minimum of 26 contributions reckonable for disability benefit purposes paid or credited in 1978-1979, the contribution year which governs his claim for that period.

361.

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

The person concerned claimed disability benefit from 19 January 1983 and has been paid to 8 February 1983, date of latest medical certificate received. At the commencement of his claim he failed to make a claim in respect of his wife and was paid the maximum personal flat rate benefit with an increase for his nine dependent children.

He subsequently made a claim in respect of his wife, and an adjustment cheque for the arrears of benefit due was issued on 16 February 1983.

The claimant is not entitled to pay-related benefit as the weekly rate of disability benefit payable to him exceeds his average reckonable weekly earnings in 1981-82, the relevant income tax year governing his entitlement to pay-related benefit.

362.

asked the Minister for Social Welfare the reason an invalidity pension was not granted to a person (details supplied) in County Dublin who was recently declared unfit for work and whose employers have refused to continue to employ.

The regulations provide that the claimant, apart from satisfying the contribution conditions, must be regarded as permanently incapable of work in order to qualify for invalidity pension.

The person concerned was examined on 1 December 1982 by a medical referee who expressed the opinion that he was not permanently incapable of work and asked to have him referred again for further examination in nine months time.

His entitlement to invalidity pension will be reviewed in the light of this examination after it takes place in September.

In the meantime he continues to receive disability benefit at the maximum rate of £31.65 appropriate to a single man.

363.

asked the Minister for Social Welfare the reason an old age pension has not been paid to a person (details supplied) in County Kerry.

The person concerned has been in receipt of an old age pension at the weekly rate of £2.45 plus £1.30 for his wife and £7.30 for one qualified child since April 1982. It has been decided by an appeals officer that the assessment of the pensioner's means, consisting of half the weekly value of a farm, entitles him to pension at these rates.

364.

asked the Minister for Social Welfare if he will arrange to pay unemployment benefit to a person (details supplied) in County Galway.

The person concerned has been in receipt of unemployment assistance at the weekly rate of £48.95 pending the completion of inquiries about his contribution record.

These inquiries have now been completed and his entitlement to unemployment benefit at the maximum rate of £59.65 has been established.

Arrangements have been made to pay all arrears of benefit due to him this week and further weekly payments will be made to him as they become due.

365.

asked the Minister for Social Welfare if he will arrange to pay an old age pension at the maximum rate to a person (details supplied) in County Cork.

The person concerned is in receipt of an old age pension at the reduced rate of £28.95 a week including the allowance of £2.50 for persons aged eighty and over. His claim for increased pension has been investigated and referred to the local pension committee for decision. Payment of an increase has not been recommended by the social welfare officer as the assessment of the pensioner's means, consisting of capital, the disposal of part of which was not accepted for pension purposes, does not entitle him to pension at a higher rate than that in payment.

If he is dissatisfied with the pension committee's decision he will have the right to appeal against it.

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