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Dáil Éireann debate -
Tuesday, 17 May 1983

Vol. 342 No. 7

Written Answers. - Social Welfare Benefits.

733.

asked the Minister for Social Welfare if a deserted wife's allowance will be paid to a person (details supplied) in County Mayo.

The claim of the person concerned to deserted wife's allowance/benefit was disallowed on 19 April 1983 because she did not forward two birth certificates and further evidence of the circumstances under which the final break with her husband took place. A copy of her divorce petition would assist for this purpose.

The birth certificates have since been received from her and her claim will be re-submitted to a deciding officer for a further decision as soon as the outstanding information is received. She has been informed again of this requirement.

734.

asked the Minister for Social Welfare the reason for the delay in making the appropriate payments of flat rate and pay-related benefits to a person (details supplied) in County Dublin; if this can be expedited having regard to the fact that the subscriber furnished all the necessary documentation to his Department some time ago; what the appropriate payments are; and when they will be paid.

The person concerned claimed and was paid occupational injury benefit from 28 September 1982 to 28 March 1983. Injury benefit having been paid for the maximum period of 26 weeks his claim was then treated as one to disability benefit from 29 March 1983.

He was not qualified for payment of disability benefit at that stage, however, as according to the records of my Department he had less than the required minimum of 26 contributions paid or credited in 1981-82, the contribution year governing his claim.

Following receipt of an employer's statement on 2 May 1983 confirming the claimant's employment record in 1981-82 it was established that he had a total of 47 contributions in that year and was, therefore, entitled to disability benefit at a weekly rate of £30.50.

All disability benefit payable to 26 April 1983, date of latest medical certificate received, has been issued to the claimant. In addition pay-related benefit has also been paid to 26 April 1983. The rate of pay-related benefit is £15.35 per week. The person concerned has also been awarded a disablement pension at a weekly rate of £33.3 from 1 April 1983 and he has been paid to 19 May 1983.

735.

asked the Minister for Social Welfare the reason PRSI is being deducted from the pension of a person (details supplied) in County Westmeath as he furnished his medical card number some months ago; the amount of back money he is owed; and when it will be paid.

A PRSI contribution at the Class K rate, which is currently 3 percent, is payable on the amount of a person's occupational pension. However no liability exists if the person holds a current medical card.

PRSI contributions are currently being deducted from the occupational pension of the person concerned because the Paymaster-General's office, which is the paying agency for the pension, was not aware of the award to him of a medical card. This fact has now been brought to the attention of the Paymaster-General's office, and as a result a refund of PRSI contributions amounting to £4.42 in respect of the current income tax year will be made shortly.

The person concerned should apply to the Office of the Collector-General, PRSI Refunds, Baggot Bridge House, 85 Lower Baggot Street, Dublin 2, for a refund of the PRSI contributions overpaid in the 1982-83 income tax year and should submit his P.60 for that year with his application. It is understood that he received his medical card on 28 April 1982. The amount of the refund for the 1982-83 income tax year will therefore be the total amount of PRSI contributions overpaid by him since he received this card.

736.

(Limerick West) asked the Minister for Social Welfare when inquiries will be completed in respect of a non-contributory old age pension for a person (details supplied) in County Limerick.

The old age pension claim of the person concerned has been investigated and referred to the local pension committee for decision. Payment of a pension had not been recommended by the social welfare officer as the assessment of the claimant's means, consisting of a holding and capital, exceeds the statutory limit. The transfer of the holding and the disposal of considerable capital have not been accepted for old age pension purposes.

737.

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

The person concerned has been receiving unemployment assistance from 5 December 1981. He is presently receiving £35.50 a week being the maximum rate of £50.50 in his case less weekly mean of £15 derived from the land.

His possible entitlement to unemployment benefit from the beginning of the 1983 benefit year which commenced on 3 January 1983, was examined. However, being a landholder he did not satisfy the condition of having 78 contributions paid in the three years prior to that date or alternatively, having an income of less than £2 a day from his land. He has appealed against the amount of income assessed in respect of the land and his case is being considered by an appeals officer whose decision is expected shortly. In the meantime unemployment assistance payments at the weekly rate of £35.50 will continue as they become due.

738.

asked the Minister for Social Welfare the reason disability benefit is not being paid to a person (details supplied) in County Louth.

The person concerned was paid disability benefit from February 1979 to 28 March 1982. Payment was disallowed after that date following examination by a medical referee of the Department who expressed the opinion that she was capable of work. She appealed against the decision to disallow payment of benefit and in connection with her appeal was again examined by a different medical referee on 17 May 1982 who also expressed the opinion that she was capable of work.

The decision to disallow benefit from 29 March 1982 was upheld by the appeals officer, following an oral hearing of her case.

She continued to submit medical certificates of incapacity and was again examined by a medical referee who considered her to be incapable of work from 24 January 1983. In the light of the medical referee's report her claim for disability benefit has been admitted for payment from 24 January 1983.

Owing to an administrative error payment was not immediately restored. However payment of all disability benefit for the period from 24 January to 27 April 1983, the date of the latest medical certificate received has now been issued.

739.

asked the Minister for Social Welfare the reason benefit is not being paid for the wife and son of a person (details supplied) in County Louth.

The person concerned has been paid disability benefit at the maximum rate appropriate to a married couple with one child dependant from 14 February 1983, fourth day of incapacity. He is also being paid pay-related benefit from 24 February 1983, thirteenth day of incapacity. All benefit due to 5 May 1983, date of the latest medical certificate received, has been issued.

Due to an administrative error there was a delay in issuing payment in respect of his dependants. An adjusting cheque paying arrears of disability benefit due was issued on 12 May 1983.

740.

asked the Minister for Social Welfare when he will pay an old age pension to a couple (details supplied) in County Wexford who are 86 and 78 years old, one of whom is confined to a wheelchair with no income whatsoever.

Old age pension claims from the couple concerned have been investigated and referred to the local pension committee for decision. Payment of pension has not been recommended in either case as the assessment of their means consisting of half the weekly value of capital, profit from petrol pumps and a holding is in excess of the statutory limit. If they are dissatisfied with the decision of the pension committee they will have the right of appeal against it.

741.

asked the Minister for Social Welfare when he will pay a pension to a person (details supplied) in County Wexford in respect of the six week period following the death of her spouse which his Department omitted to pay.

The pension book of the deceased pensioner in this case was not received in the Department following his death and the person concerned has been written to in order to establish when the last order was cashed. As soon as a reply is received from her arrangements will be made to pay whatever pension is outstanding.

742.

asked the Minister for Social Welfare when a widow's pension will be paid to a person (details supplied) in County Mayo.

The person concerned has been awarded a widow's non-contributory pension at the weekly rate of £29.80 with effect from 25 May 1982. This is the appropriate rate of pension payable to a widow under 66 years of age who has no qualified children and with means between £8 and £10 per week. The means of the person concerned derived from capital have been assessed at £8.45 per week.

A pension order book with orders payable from 1 April 1983 was issued to the designated post office on 5 May 1983 for collection by her and she was notified accordingly. Arrears of pension for the period from 25 May 1982 to 31 March 1983 have been issued direct to her by means of a payable order on 16 May 1983.

743.

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

The person concerned claimed disability benefit from 2 July 1982 and was paid to 9 February 1983. Payment was discontinued after that date following examination by a medical referee who expressed the opinion that the claimant was capable of work. In the meantime, however, he was hospitalised from 7 March 1983 to 21 March 1983 and payment was made in respect of this period. He appealed against the disallowance of benefit from 10 February 1983 and in connection with his appeal it is proposed to have him examined by a different medical referee in early June. However, following a review of his claim on 12 May 1983 it was discovered that he should not have qualified for benefit in the first instance as his insurance record is deficient. The Social Welfare (Contributions) Regulations provide that where an insured person has no contributions paid or credited for two or more consecutive years that person cannot qualify for disability benefit or the award of credited contributions until he has a further 26 weeks of insurable employment for which the appropriate contributions have been paid.

He had a total of seven paid contributions in 1980-1981 and the previous contributions paid on his behalf were for 1973. Consequently his claim should not have been authorised for payment. The resulting overpayment will be recovered by suitable weekly instalments from any future payments should he qualify for benefit at a later date.

744.

asked the Minister for Social Welfare if he will arrange to pay arrears of a widow's pension to a person (details supplied) in County Cork.

Arrears of pension due to the person concerned for the period from 15 to 21 April 1983, amounting to £56.65, have been sent to her by way of payable order on 16 May 1983.

She received payment of unemployment assistance at the rate of £57.95 per week for six weeks after her husband's death on 7 March 1983 and consequently her widow's pension did not come into payment until 15 April 1983. A pension book with orders payable from 22 April 1983 was sent to the designated post office on 2 May 1983 for collection by her.

745.

asked the Minister for Social Welfare the reason disability benefit has not been paid to a person (details supplied) in County Cork; and the reason for the delay in paying benefit.

All disability benefit payable to the person concerned has now been issued. The interruption in payment from 9 May 1983 was due to an administrative error. An adjusting cheque paying arrears of disability benefit was issued on 12 May 1983.

746.

asked the Minister for Social Welfare if he will review the application for disability benefit by a person (details supplied) in Dublin 5 as she was short only three stamps in order to qualify for disability benefit.

The person concerned was paid disability benefit from 4 March 1982 to 1 March 1983, a total of 52 weeks. Payment ceased after that date as she had less than the required minimum of 156 paid contributions to her credit since her entry into insurable employment to entitle her to further payment. This was her maximum entitlement as she has only 153 paid contributions to her credit since entry into insurance. She cannot requalify for further payment of benefit until she resumes employment and has at least three weeks of insurable employment for which contributions have been paid at the appropriate rate. This is a statutory requirement.

747.

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

Under EEC Regulations an unemployed person entitled to unemployment benefit who has been registered as available for employment in an EEC member state and who goes to another member state to look for work may subject to prescribed conditions continue to receive his unemployment benefit from the state from which he came for up to three months.

The person concerned was in receipt of unemployment benefit from the Department of Health and Social Security while resident in Great Britain from 30 October 1982 to 8 January 1983. He removed to this country and claimed unemployment benefit from 10 January 1983. The unemployment benefit can only be paid on authorisation by the British authorities who also determine the rate of benefit payable and the period for which it is to be paid. The claim has been taken up with the British Department of Health and Social Security but an authorisation to pay has not so far been received. The matter is being pursued with the British authorities.

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