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Dáil Éireann debate -
Wednesday, 23 Mar 1983

Vol. 341 No. 4

Written Answers . - Social Welfare Benefits .

542.

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

: Payment has been issued in respect of the period 10 January 1983 to 19 March 1983. Further payments will continue to be issued at weekly intervals in respect of the period up to 2 April 1983.

543.

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

: The person concerned has been paid all disability benefit due from 3 January to 14 March 1983, the date of the latest medical certificate received.

She has been reminded that she should forward medical certificates on a regular weekly basis.

544.

asked the Minister for Social Welfare the reason disability benefit has been refused in the case of a person (details supplied) in County Meath.

: The person concerned claimed disability benefit from 4 January 1982 and was paid 52 weeks' benefit to 5 January 1983. Payment ceased after that date as he had less than the required minimum of 156 paid contributions to his credit since his entry into insurance to entitle him to further payment.

He cannot requalify for further payment of benefit until he resumes employment and has at least thirteen contribution weeks of insurable employment after the date of last payment of benefit.

545.

asked the Minister for Social Welfare the reason unemployment benefit has been refused in the case of a person (details supplied) in County Meath.

: The person concerned applied for unemployment assistance in January last and he is receiving payment at £6.65 weekly being the maximum rate of £25.45 less means £18.80 derived from the value of board and lodging in his parents' home.

He has appealed against the amount of means assessed against him and arrangements are being made to have his case determined by an appeals officer. The rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer.

546.

asked the Minister for Social Welfare the reason disability benefit has been discontinued in the case of a person (details supplied) in County Meath.

: The person concerned was paid disability benefit from 20 May 1980 to 13 March 1983 after which date payment was disallowed following examination by a medical referee who expressed the opinion that she was capable of work.

The Deputy's question has been accepted as an appeal against the disallowance and in this connection arrangements are being made to have her examined by a different medical referee.

Her entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

547.

asked the Minister for Social Welfare the reason for the delay in taking a decision on an appeal lodged in respect of the amount of unemployment assistance being paid to a person (details supplied) in County Donegal.

: The person concerned has been in receipt of unemployment assistance at the weekly rate of £47.15 being the maximum rate payable to him £57.95 less means £10.80 derived from self-employment and capital since 10 November 1982.

However, due to an error in filing the date of commencement of his entitlement to unemployment assistance was incorrectly taken as 10 November 1982 instead of 27 May 1982.

The date has now been amended and arrangements have been made to pay all arrears of unemployment assistance due in respect of the period 27 May 1982 to 9 November 1982 to him this week.

548.

asked the Minister for Social Welfare if he investigated whether two weeks disability could be paid to a person (details supplied) in County Cork; and, if so, the outcome.

: The person concerned was in receipt of disability benefit from 11 May 1982 to 25 January 1983. Payment was disallowed after that date following examination by a medical referee who expressed the opinion that he was capable of work. He was notified of the disallowance of benefit on 4 February 1983 and was advised of his right to appeal against the decision but no reply has been received to date.

The Deputy's inquiry has been taken as an appeal in this case and arrangements have now been made to have him again examined on 30 March 1983 by a different medical referee. His entitlement to benefit for the period 26 January 1983 to 7 February 1983, the date of the latest medical certificate received, will be reviewed when the report of the medical referee is received.

549.

asked the Minister for Social Welfare when the pay-related portion of unemployment benefit will be paid to a person (details supplied) in County Kerry.

: To enable the entitlement to pay-related benefit of a person in receipt of flat-rate unemployment benefit to be determined the details of earnings received between 6 April and the date of unemployment benefit claim must be available.

The person concerned was requested to furnish a form P.45 or statement of earnings but to date she has not done so. The employment exchange dealing with her claim are now asking her employer for the necessary information. Her entitlement to pay-related benefit with flat-rate unemployment benefit from the date she became fully unemployed 8 January 1983 will be determined immediately the details of her earnings are received.

550.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Kerry as he has been signing since September 1982 and is in very poor circumstances.

: The means of the person concerned could not be assessed until he furnished certain details of his bank account and earnings from self employment. When he made the information available further investigations were necessary and these were only recently completed.

He was assessed with means of £57.20 weekly derived from self employment and from capital. He is accordingly entitled to unemployment assistance at £18.15 being the maximum rate payable to him £75.35 less £57.20. Arrangements have been made to pay all arrears due to him this week.

Further weekly payments will be made as they become due.

551.

asked the Minister for Social Welfare when the pay-related portion of unemployment benefit will be paid to a person (details supplied) in County Kerry.

: The person concerned claimed unemployment benefit on 22 November 1982 and the relevant contribution year in his case was the period from 6 April 1980 to 5 April 1981, during which time he worked in the United Kingdom. In reply to a request for his insurance record, the Department of Health and Social Security have stated that the transfer of his insurance contributions in accordance with EEC Regulations cannot proceed pending the completion of further inquiries by them.

In the meantime the person concerned has been receiving unemployment assistance £59.90 a week. With the commencement of a new benefit year on 3 January 1983, unemployment benefit has been authorised at the weekly rate of £64.70 based on his Irish record of 29 contributions in the 1981-82 contribution year. Arrangements have been made to pay all arrears due this week.

However, his entitlement to pay-related benefit cannot be determined until the information requested from the United Kingdom authorities has been supplied. They have been asked to expedite their inquiries in the matter.

552.

asked the Minister for Social Welfare when the pay-related portion of unemployment benefit will be paid to a person (details supplied) in County Kerry.

: All arrears of pay-related benefit due to the person concerned were paid last week. Further combined payments of £76.80 representing flat-rate unemployment benefit of £75.00 and pay-related benefit of £1.80 will be made as they become due.

The rate of pay-related benefit is subject to the condition that the total amount of flat-rate unemployment benefit, pay-related benefit and income tax rebate may not exceed 85 per cent of a claimant's average net weekly earnings. The 85 per cent limit applicable to the person concerned is £76.80 and his entitlement to pay-related benefit is accordingly £1.80 weekly.

553.

Mr. O'Leary

asked the Minister for Social Welfare the reason disability benefit is not being continued for a person (details supplied) in County Kerry as he is clearly unfit to work.

: The person concerned claimed disability benefit from 8 May 1982. He was not qualified for benefit however as he had not the required minimum 26 contributions paid or credited in 1980-81, the contribution year governing his claim.

His claim was due to be reviewed on 3 January 1983 as, from that date, his title to benefit is governed by the number of contributions paid or credited in the 1981-82 contribution year. Unfortunately, through an oversight the claim was not reviewed resulting in a delay in issuing payment. The matter has since been rectified and a cheque for the arrears of benefit to 19 March 1983, date of latest medical certificate received, less amount of supplementary welfare allowance advanced, was issued on 22 March 1983.

554.

asked the Minister for Social Welfare when a decision will be made on the application for invalidity benefit or pension by a person (details supplied) in County Dublin; and when payment will be made.

: The person concerned claimed disability benefit from 26 January 1983 and was paid from 29 January 1983.

All disability benefit and pay-related benefit due to him to 7 March 1983, after which date he resumed work, has been issued.

555.

asked the Minister for Social Welfare when a decision will be made on the application for invalidity pension by a person (details supplied) in Dublin; and when benefit will be paid.

: The regulations regarding entitlement to invalidity pension provide that, apart from satisfying the contribution conditions, the claimant must have been in receipt of benefit for at least one year and be regarded as permanently incapable of work.

The person concerned, who has been in receipt of disability benefit since 25 August 1980, has been referred for examination by a medical referee of my Department on 31 March 1983, with a view to determining if he may be regarded as permanently incapable of work. On receipt of the report of this examination his case will be reviewed and a decision given on his application for invalidity pension.

556.

asked the Minister for Social Welfare the total amount of unemployment benefit received by a person (details supplied) in Dublin from March 1976 to December 1979.

: The unemployment benefit claim papers of the person concerned are no longer available.

However the Department's records show that he was in receipt of unemployment benefit from 15 March 1976 to 16 March 1977 and that he claimed disability benefit from 21 March 1977 to 5 December 1979 and that he transferred to invalidity pension from 6 December 1979.

The amount of unemployment benefit and disability benefit which he would have received will be calculated when his claims have been reconstructed and the Deputy and the person concerned will be informed of the amounts.

557.

asked the Minister for Social Welfare if he will arrange to have arrears of unemployment assistance paid to a person (details supplied) in County Kilkenny who applied on 5 May 1982 but did not receive payment until August 1982.

: The person concerned lodged a claim for unemployment assistance on 5 May 1982 and his case was referred to a social welfare officer for investigation of his means. He was subsequently assessed with means of £44.20 derived from land and accordingly entitled to unemployment assistance at £13.75 weekly being the maximum rate payable to him £57.95 less £44.20.

All arrears due to him in respect of the period 8 May 1982 to 17 August 1982 were paid to him during the week commencing Monday 15 August 1982. Further weekly payments followed as they became due.

558.

asked the Minister for Social Welfare the reason unemployment benefit was not paid to a person (details supplied) in County Kilkenny who became unemployed on 13 September 1981 and who submitted her claim to his Department with the required details.

: The person concerned was in receipt of disability benefit and maternity allowance from September 1981 to October 1982. It has only now come to light that her claim to unemployment benefit which was made in October 1982 to Thomastown employment office was lost in transit from that office to her correct local office, Muinebheag. Arrangements have been made to reconstruct the claim and to have an early decision given on it.

559.

asked the Minister for Social Welfare if he will arrange to have a maternity grant paid to a person (details supplied) in County Kilkenny as the application was made in November 1981; and if he will investigate the possibility of having maternity benefit paid to this person.

: There is no record in my Department of a claim for maternity benefit from the person concerned.

A claim form has been issued to the person concerned and when it is returned her claim will receive immediate attention.

560.

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

: There is no trace of an application for old age pension having been received from the persons mentioned by the Deputy in the details supplied by him with the question. If they have reached pension age, they are advised to complete claim forms which may be obtained at any post office and forward the completed forms to the Department.

561.

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

: The person concerned claimed unemployment benefit from 18 August 1981 to 5 January 1982 after which she ceased to sign as unemployed. In the course of the investigation of her claim she stated that she was not making efforts to get work.

A deciding officer disallowed her claim on the grounds that she was not available for work. She was advised of her right to appeal against the disallowance of her claim but she did not do so.

562.

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

: The person concerned claimed disability benefit from 7 October 1981 to 28 June 1982 in respect of an incapacity for work which commenced on 21 September 1981. He was not qualified for benefit however as he had not the required minimum of 26 contributions paid since his entry into insurable employment.

He made a further claim for benefit from 19 February 1983 and as he had the required number of contributions paid in the meantime he was paid from 23 February, fourth day of incapacity, to 10 March 1983, date of the latest medical certificate received.

The claimant has been requested to submit an employer's statement giving details of his reckonable earnings in 1981-1982, the relevant income tax year governing his claim.

When this information is received in my Department his title to pay-related benefit will be reviewed.

563.

asked the Minister for Social Welfare the reason a PRSI payment was not made to a person (details supplied) in County Kerry.

: The person concerned has been paid disability benefit at the rate appropriate to a married woman from 31 December 1982 to 15 March 1983, the date of the latest medical certificate received.

She is not entitled to pay-related benefit as the weekly rate of disability benefit being paid exceeds her average reckonable weekly earnings in 1980-81, the relevant income tax year governing her claim.

564.

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

: The person concerned, who will not attain old age pension age until September 1989, was in receipt of a widow's non-contributory pension from September 1974 until July 1978 when it was terminated as her means derived from a farm and capital exceeded the statutory limit.

The widow's present circumstances will, however, now be reinvestigated and on receipt of the local officer's report a decision in the matter will be given without delay.

565.

asked the Minister for Social Welfare when unemployment benefit which is due since October 1982 will be paid to a person (details supplied) in County Offaly.

: The person concerned has been in receipt of unemployment assistance since 2 February 1981. He is at present receiving a weekly payment of £21.95 being the maximum rate payable to him as a married man £43.95 less means £22.00, derived from self-employment as a musician.

The person concerned has not to date claimed an increase for a child but an application form to enable him to do so is being issued to him.

He appealed against the assessment of his means and his case has been referred to a social welfare officer for additional inquiries. When these are completed his case will be submitted to an appeals officer and the rate of unemployment assistance payable to him will be reviewed in the light of that officer's decision.

566.

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

: The person concerned claimed maternity benefit under the Maternity Protection of Employees Act 1981 in respect of her confinement expected on 27 October 1982 and was paid for 14 weeks at £56.55 a week from 10 September 1982 to 16 December 1982. A maternity grant was issued on 12 January 1983. A second maternity grant on her husband's insurance was not payable because less than 26 contributions had been paid or credited on his behalf in the relevant income tax years 1980-81 or 1981-82.

The person concerned has therefore received all benefit to which she is entitled.

567.

asked the Minister for Social Welfare when full unemployment and pay-related benefits, including arrears, will be paid to a person (details supplied) in County Kilkenny.

: The entitlement of the person concerned to flat-rate unemployment benefit is governed by his contribution record during the period 6 April 1980 to 5 April 1981 and according to the Department's records he has a total of 31 credited contributions only during this period. He is accordingly entitled to unemployment benefit at the reduced rate of £48.80 and weekly payments at this rate are being made to him as they become due. He is not entitled to pay-related benefit with his flat-rate unemployment benefit by reason of having no reckonable earnings during the income tax period 6 April 1980 to 5 April 1981 which governs his entitlement to pay-related benefit.

568.

Mr. Fahey

asked the Minister for Social Welfare the reason unemployment benefit was discontinued for a person (details supplied) in County Galway.

: An appeals officer following an oral hearing of the case on 25 January 1983 determined the means of the person concerned at £29.30 weekly with effect from 10 December 1982. His means were derived from self-employment, the value of capital and from land. Accordingly the means assessed against him exceeded the maximum rate payable to him £25.45 and payment of unemployment assistance was disallowed from 10 December 1982.

569.

asked the Minister for Social Welfare if he will arrange for the payment of an old age pension to a person (details supplied) in County Galway.

: The old age pension claim of the person concerned which was received on 10 March 1983 has been referred to the social welfare officer for investigation. On completion of inquiries it will be referred to the local pension committee for decision. If a pension is recommended it will be paid on a provisional basis pending the committee's decision.

570.

asked the Minister for Social Welfare if he will arrange for the immediate payment of an old age pension to a person (details supplied) in County Galway.

: The old age pension claim of the person concerned has been investigated and referred to the local pension committee for decision. No pension has been recommended by the social welfare officer as the assessment of the claimant's means, consisting of the weekly value of capital, exceeds the statutory limit.

571.

asked the Minister for Social Welfare if he will arrange for the immediate payment of disability benefit to a person (details supplied) in County Galway.

: The person concerned claimed occupational injury benefit from 11 September 1982 to 22 October 1982. His claim has been allowed and a cheque £479.70 representing benefit due was issued this week to him.

He claimed unemployment benefit from 5 November 1982 and following the completion of inquiries to ascertain that he was fit for work his claim was allowed at the rate of £68.05 weekly. Weekly payments will commence immediately. Arrears of benefit, less supplementary welfare allowance which he received, and which must be refunded to the local health board, will be paid shortly.

Inquiries are still being made to ascertain his net weekly earnings since 6 April 1982 to enable his entitlement to pay-related benefit with unemployment benefit to be determined.

572.

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

: The person concerned claimed unemployment benefit from 14 January 1983 and his claim was allowed at the maximum rate payable to him £31.65. Weekly payments are being made to him as they become due. He is not however entitled to pay-related benefit with his flat rate unemployment benefit as he had no reckonable earnings during the relevant income tax period 6 April 1981 to 5 April 1982.

It is presumed that the reference to arrears relates to his entitlement to pay-related benefit with his previous unemployment benefit claim during the period 1 November 1980 to 2 February 1982. During this period he was asked on numerous occasions to furnish details of his earnings during the relevant income tax period 6 April 1978 to 5 April 1979 but he failed to do so. In the absence of information about his reckonable earnings his entitlement to pay-related benefit could not be determined.

It has however been ascertained that his employer during the period 6 April 1978 to 5 April 1979 is no longer in business and that his present location is not known. Inquiries are presently being made to inspect redundancy documents to enable consideration to be given to a possible notional evaluation of his earnings during the period in question.

573.

asked the Minister for Social Welfare the reason for the delay in approving unemployment benefit for a person (details supplied) in County Roscommon, as he applied six months ago; and if he is eligible for farmers dole.

: The person concerned received the maximum amount of unemployment benefit to which he was entitled when he received 390 days benefit on 12 November 1981. He then claimed unemployment assistance and his claim was allowed at the rate of £18.90 being the maximum rate in his case of £20.35 less means £1.45 derived from the value of board and lodging on his parents holding.

However his claim was later disallowed from 28 July 1982 to 29 November 1982 on the grounds that he was not genuinely seeking work and this decision was upheld by an appeals officer. It was subsequently learned that he was a smallholder and the disallowance of his claim will now be reviewed by an appeals officer. In the meantime his claim has been allowed from 30 November 1982. He is being paid at the rate of £4.80 weekly being the appropriate maximum rate in his case of £17.80 less means £13.00 derived from the notional value of his holding. All arrears due were paid to him last week and further weekly payments will be made as they become due.

574.

asked the Minister for Social Welfare the reason a person (details supplied) in County Offaly is not in receipt of his full entitlement to unemployment benefit inclusive of pay-related benefit.

: The person concerned was in receipt of unemployment benefit at the weekly rate of £73.85 on the basis of 46 contributions in the contribution year 6 April 1980 to 5 April 1981. Combined payments of unemployment benefit and pay-related benefit may not exceed 85 per cent of a person's average net weekly earnings in the period from 6 April up to the date of claim and on the basis of his income tax form P.45, the 85 per cent limit was calculated at £63.48 a week in his case. As the amount of his unemployment benefit exceeded this figure pay-related benefit was not payable.

However, it has now been established that he had been in receipt of disability benefit, including pay-related benefit, amounting to £589.19 during the relevant period, which he had not mentioned when making his unemployment benefit claim. His 85 per cent limit has accordingly been recalculated at £77.40 and he is therefore entitled to pay-related benefit of £3.55 a week, bringing his combined entitlements to £77.40 a week.

Arrangements have been made to pay all arrears due to him this week.

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