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Dáil Éireann debate -
Tuesday, 8 Nov 1983

Vol. 345 No. 8

Written Answers - Social Welfare Benefits.

328.

asked the Minister for Social Welfare if he has satisfied himself that 70p per week is sufficient income from unemployment assistance for a person (details supplied) in County Monaghan; and if he will make a statement on the matter.

The rate of unemployment assistance payable to an applicant is the maximum weekly rate payable to him less the amount of means assessed against him.

The person concerned was assessed with means of £24.75 weekly derived from the value of his board and lodgings in the household of his sister and brother-in-law. Accordingly the rate of unemployment assistance payable to him was £0.70 weekly being the maximum rate payable to him, £25.45 less £24.75 means during the period of his claim from 6 July 1982 to 16 November 1982 after which he ceased to prove unemployment. He appealed against the amount of means assessed against him but an appeals officer upheld the assessment of his means at £24.75 weekly.

It is, however, open to him to apply for a review of the assessment of his means and a form for this purpose may be obtained at his local office. If and when he makes such an application his case will be referred to a social welfare officer for a reinvestigation and the assessment of his means will be reviewed in the light of the outcome of the inquiries.

329.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Offaly, as he submitted his claim 11 weeks ago.

Following the completion of inquiries the person concerned was assessed with means at £7.65 weekly derived from the value of board and lodgings on his parent's holding. He is accordingly entitled to unemployment assistance at £20.35 weekly from 10 August 1983 increasing to £21.75 from 5 October 1983 when the maximum rate payable to a person in a non-urban area with no means was increased from £28 to £29.40.

All arrears of unemployment assistance were paid last week and further weekly payments at £21.75 will be made as they become due.

330.

asked the Minister for Social Welfare the reason a claim for a deserted wife's allowance which was made in June 1983 was refused in the case of a person (details supplied) in County Galway; the reason she was not given written notification of the basis on which the allowance was refused; if it is normal practice for officials of his Department to make judgements and ascribe blame as to why individual marriages break up; and whether she will now be granted the allowance.

One of the conditions for receipt of deserted wife's allowance/benefit is that a husband must have left his wife of his own volition. The claim of the person concerned was disallowed as the deciding officer held that this condition was not satisfied in her case. Written notification of the decision and the reason for the disallowance of her claim was sent to her on 14 February 1983. She appealed against the decision and an oral hearing of the appeal at which she attended and gave evidence was held. The appeals officer upheld the decision refusing her claim and written notification of this was sent to her on 7 September 1983.

The appeals officer's decision can only be reviewed in the light of new facts or fresh evidence which come to his notice. If any such are produced in this case they will be brought to the attention of the appeals officer.

The conditions for entitlement to a deserted wife's allowance are prescribed by law and there is, therefore, a statutory obligation on officers of the Department to satisfy themselves that the conditions are fulfilled before payment can be made. It is frequently necessary to make extensive inquiries in these cases and when all inquiries have been completed it is the responsibility of the officer deciding the claim to make up his mind whether or not the conditions for entitlement are satisfied and decide the claim accordingly. It is no function of officers of the Department to ascribe blame in such cases nor do they attempt to do so. The only concern of an officer deciding a claim is to find out whether or not the statutory conditions are fulfilled and give a decision accordingly.

331.

asked the Minister for Social Welfare the reason disability benefit has not yet been paid to a person (details supplied) in County Roscommon who applied in January 1983; and when it will be paid.

The person concerned claimed disability benefit from 31 December 1982 to 10 October 1983, date of the latest medical evidence received. Payment of benefit was not, however, authorised as, according to the records of the Department, he has less than the required minimum of 26 contributions, paid or credited, in 1980/81, the contribution year governing his claim.

Following the receipt of a previous Dáil question from the Deputy, an officer of my Department visited the claimant and established that he had not been insurably employed in the 1980/81 contribution year and is not, therefore, entitled to payment of benefit.

The possibility of the person concerned having been insurably employed in 1982 is, however, at present being investigated. Any contributions due in respect of him for the period April to December 1982 would govern his entitlement to benefit from January next when a new benefit year commences. His entitlement will accordingly be reviewed at that time if he is still incapable of work.

332.

asked the Minister for Social Welfare the reason a person (details supplied) in County Dublin who has been in receipt of disability pension for the past number of years is not entitled to a free travel pass.

The person concerned is in receipt of a retirement pension from his former employer.

However, as this is not a qualifying pension for free travel and as he has not yet reached 66 years of age, it is regretted that he is not entitled to a free travel pass. He will, however, automatically qualify for free travel when he reaches the age of 66.

333.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick is not eligible for pay-related benefit.

The entitlement of the person concerned to pay-related benefit with flat-rate unemployment benefit could not be determined until inquiries to establish the amount of his reckonable earnings during the income tax period 6 April 1982 to 5 April 1983 were completed. These inquiries were recently completed and pay-related benefit at the rate of £37.25 weekly was allowed. He is a postal applicant and an order for encashment issued to him last week paying all arrears of pay-related benefit due.

Further combined payments at £72.05 representing flat-rate unemployment benefit £34.80 and pay-related benefit £37.25 will be made as weekly payments become due.

334.

asked the Minister for Social Welfare the reason fuel vouchers were withdrawn in the case of a person (details supplied) in County Limerick as she is an old age pensioner who lives alone.

I understand from the MidWestern Health Board, which is responsible for the administration of the national fuel scheme in the Limerick area, that the person concerned does not fulfil the condition of living alone or with other specified persons, and is accordingly not entitled to a free fuel allowance.

335.

asked the Minister for Social Welfare if the rate of allowance being paid to a person (details supplied) in County Limerick who is married with two children is correct; and how this rate was calculated.

The person concerned has been paid disability benefit from 21 June 1983, fourth day of incapacity to 22 October 1983, after which date he was certified as fit to resume work.

He was paid £74.85 per week, maximum rate payable to a married man with two child dependants. The claimant was not entitled to pay-related benefit, as disability benefit exceeded 80 per cent of his average reckonable weekly earnings in the tax year relevant to his claim.

336.

asked the Minister for Social Welfare if he will investigate the return of a pension book to a person (details supplied) in County Limerick.

Following a review of the entitlement of the person concerned, it was found that she had means from capital which were not disclosed at the time of the original investigation of her claim. Arising from this and an increase in her other means arising from her husband's occupational pension, a retrospective question for reduction of her old age pension from the maximum rate was referred to the local pension committee for decision.

Her means as currently assessed entitled her to a pension of £34.60 per week. However, due to the non-disclosure of the additional means referred to, an overpayment of pension has occurred which is being recovered by deductions of £4 per week from her pension.

Pension at the rate of £30.60 a week is in payment pending the pension committee's decision on the matter.

337.

asked the Minister for Social Welfare when unemployment benefit and arrears in respect of seven weeks will be paid to a person (details supplied) in County Offaly.

An applicant for unemployment benefit who is a landholder but does not satisfy the contribution condition of having 78 paid contributions in a three year period is not entitled to unemployment benefit if the value of his holding exceeds £2.00 per day.

The person concerned does not satisfy the contribution condition applicable to a landholder of 78 paid contributions in a three year period. His case, however, has been referred to a social welfare officer to ascertain the value of his holding. His entitlement to unemployment benefit will be determined in the light of the inquiries.

338.

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

It has been decided by an appeals officer that the person concerned is entitled to a pension at the increased weekly rate of £22.60 from 22 July 1983. This is the rate appropriate to the assessment of the claimant's means, consisting mainly of interest from capital.

A supplementary pension book in respect of the increase awarded has been issued to the pensioner and the arrears due are being issued separately.

339.

asked the Minister for Social Welfare the reason unemployment assistance at the maximum rate is not being paid to a person (details supplied) in County Cork; if he will have the case reviewed and all outstanding arrears paid to him; and if he will regularise his payments as he has little or no means.

The person concerned last claimed unemployment assistance on 12 August 1983 and his claim was allowed at the weekly rate of £24.35 being the maximum weekly rate payable to him, £28.00 less £3.65 means. He was in receipt of advances of supplementary welfare allowance pending a decision on his unemployment assistance claim and the amount due from 12 August 1983 to 27 September 1983 had to be recouped to his local health board.

Payment of weekly unemployment assistance commenced on 28 September 1983 and weekly payments at £24.35 continue to be made as they become due. However, the amount of means assessed against him is being examined and when a report is received from the social welfare officer investigating his case his means will be reviewed and the rate of unemployment assistance payable will be determined accordingly.

340.

asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Cork as he applied on 20 May 1983; if all outstanding arrears will be paid to him as he has little or no means; and if he will regularise payments due to his circumstances.

The entitlement of the person concerned to unemployment assistance cannot be determined until inquiries which are being made by a social welfare officer about his means have been completed.

He failed to co-operate in the investigation and has refused to furnish certain details of his means. He is however being afforded a further opportunity to co-operate with the investigating officer after which his means will be assessed in the light of the outcome of the investigation and his entitlement to unemployment assistance will be determined accordingly.

341.

asked the Minister for Social Welfare if he will investigate the reason unemployment assistance was reduced in the case of a person (details supplied) in County Cork who is married with eight children; and if payment will be increased to the original amount.

The person concerned is currently in receipt of unemployment assistance at £56.90 weekly being the maximum rate payable to a married man with eight qualified children, £103.05 less means, £46.15. Means in his case are derived from land and they were last assessed in April 1982 following a review of his case when he became a landholder.

If he considers that his circumstances have changed it is open to him to apply to have his means re-investigated and arrangements will be made for his case to be referred to a social welfare officer for inquiries. A form for this purpose may be obtained at his local office.

342.

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 injury benefit on 7 July 1983 from 5 July 1983 in respect of an incapacity resulting from an occupational accident.

Pending the completion of investigations arising from the accident his entitlement to disability benefit on an interim basis was examined. He had however a total of only seven employment contributions recorded to his credit and he did not therefore satisfy the qualifying contribution conditions for disability benefit.

Inquiries made from his employers revealed a discrepancy regarding the date of the accident. Following investigations, injury benefit was awarded from 5 July 1983, the first day of incapacity. Injury benefit has been paid in respect of the period to 18 July 1983, after which he was certified fit to resume work.

343.

asked the Minister for Social Welfare the reason unemployment benefit was not paid to a person (details supplied) in County Cork.

Entitlement to unemployment benefit is subject to the contribution condition that an applicant must have at least 26 contributions paid or credited during the governing contribution period.

The person concerned had insufficient contributions in the relevant contribution period 6 April 1981 to 5 April 1982, and his unemployment benefit claim had to be disallowed.

344.

asked the Minister for Social Welfare how he intends to deal with the problem of young people who, having registered with the National Manpower Service and failed in their efforts to gain employment, have been refused unemployment assistance by his Department.

To qualify for unemployment assistance a person, in addition to being unemployed, must be available for and genuinely seeking work and satisfy the means test for the unemployment assistance scheme. Where the means of the applicant are in excess of the statutory limits he cannot qualify for unemployment assistance. There are no proposals at present to alter the method of assessment of means for unemployment assistance purposes.

345.

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

The person concerned, whose husband died on 14 June 1983, has been awarded a widow's contributory pension at the weekly rate of £40.60 with effect from 29 July 1983. This is the maximum rate of widow's contributory pension payable to a widow under 66 years with no qualified children. Her late husband had been awarded a retirement pension of £65.95 from 5 May 1983 (increased to £73.90 from 30 June) which included an increase in respect of his wife and this pension was paid to her for six weeks after his death.

A widow's pension book with orders payable from 28 October 1983 was sent to the designated post office on 19 October for collection by her and she was notified accordingly.

A payable order for £452.80, being the arrears of widow's pension for the period 29 July to 27 October 1983, amounting to £527.80 less £75.00 supplementary welfare allowance paid to the claimant by the South-Eastern Health Board during that period, will be sent to her within the next few days.

346.

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

The person concerned claimed unemployment benefit from 18 October 1982 to 7 December 1982 but her claim was disallowed on the ground that she had insufficient contributions during the governing contribution period, 6 April 1980 to 5 April 1981.

She signed as unemployed for one day only on 10 October 1983 but has not pursued her claim. She would not, however, qualify for unemployment benefit as she has less than 26 weeks of insurable employment in respect of which contributions at the appropriate class were paid during the governing contribution period, 6 April 1981 to 5 April 1982.

347.

asked the Minister for Social Welfare if a person (details supplied) in County Mayo is in receipt of retirement pension as he was in receipt of an invalidity pension which was due to be terminated some time ago and as he was to avail himself of a retirement pension.

The person concerned will reach retirement pension age of 65 years on 20 November 1983. He is at present in receipt of a British invalidity pension which will terminate from that date.

He does not qualify for retirement pension under the Social Welfare Acts as he fails to satisfy the condition which requires him to have a yearly average of at least 24 Irish contributions over the period from the beginning of the 1953 contribution year to 5 April 1983, for example, the end of the last complete contribution year before he will reach age 65. The Department's records show that he had a total of 378 contributions during this period, which is equal to a yearly average of only 12.

He also has a record of British employment and, in accordance with EEC Regulations on Social Security, his Irish and British records have been combined to qualify him for a pro-rata rate pension. This pro-rata rate amounts to £19.60 per week, calculated on the basis of his 378 Irish contributions in proportion to the combined total of 1,413.

A retirement pension book containing orders payable from 24 November 1983 will be issued to the designated post office for collection by him.

The necessary details were sent to the British Department of Health and Social Security on 29 September 1983 for examination of his entitlement to a British retirement pension. That Department will reply direct to the person concerned.

348.

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

It has been decided by an appeals officer that the person concerned is entitled to old age pension at the weekly rate of £2.60 from 1 July 1983. This is the rate appropriate to the assessment of the claimant's means, consisting of the weekly value of a British retirement pension. It was also decided by the appeals officer that pension is not payable in respect of the period 17 January 1983 to 30 June 1983 as her means exceeded the then statutory limit of £38 per week.

A pension book at the appropriate rate payable from 7 October 1983 has been issued and the arrears due are being issued separately.

349.

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

The person concerned satisfied the contribution conditions for entitlement to unemployment benefit and she claimed benefit on 20 September 1983. However, following the making of inquiries her claim was disallowed from 20 September 1983 to 20 October, 1983 on the grounds that she left her employment voluntarily without just cause. She appealed against the disallowance in respect of the period and arrangements are being made to have her case determined by an appeals officer.

Her claim was allowed from 21 October 1983 at the maximum rate of £34.80 and weekly payments are being made to her as they become due.

350.

asked the Minister for Social Welfare if he will increase unemployment assistance to a person (details supplied) in County Wexford.

The person concerned was assessed with means at £13.60 derived from an intestacy share in the land of her late father. She is accordingly in receipt of unemployment assistance at £14.40 weekly being the maximum rate payable to her £28 less £13.60. If she is dissatisfied with the amount of means assessed against her it is open to her to appeal and to have her case determined by an appeals officer. A form for this purpose may be obtained at her local office.

351.

asked the Minister for Social Welfare if he will provide a free telephone rental allowance for a person (details supplied) in County Wexford.

A free telephone rental allowance cannot be granted to the person concerned as she is not in receipt of a qualifying pension or allowance. She was notified to this effect on 22 April 1982.

352.

asked the Minister for Social Welfare if he will grant a deserted wife's allowance to a person (details supplied) in County Wexford.

As conveyed to the Deputy on 22 June 1983 in reply to a previous question from him about this case, the deserted wife's benefit which had been in payment to the person concerned was terminated with effect from 25 November 1982 because the deciding officer held that she and another person were living together as man and wife. The claimant was notified to this effect on 21 June 1983 and of her right, if dissatisfied with the decision, to appeal against it. No appeal has been received from her.

353.

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

Following the completion of inquiries the person concerned was assessed with means at £56.45 weekly derived from the beneficial occupation of land and from capital. He is accordingly entitled to unemployment assistance at £26.50 weekly from 21 September 1983 increasing to £30.55 from 5 October 1983 when the rates were increased to long term recipients. Arrangements have been made to pay all arrears due this week. Further weekly payments at £30.55, being the maximum rate payable to him £87.00 less £56.45 will be made as they become due.

354.

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

One of the qualifying conditions for receipt of a retirement pension from the Department requires the person concerned to have a yearly average of at least 24 reckonable contributions over the period from the beginning of the 1953 contribution year to 5 April 1982, for example, the end of the last complete contribution year before he reached age 65. He does not satify this condition as the Department's records show that he had a total of 545 such contributions in this period, which is equal to a yearly average of only 18. Neither will he qualify for old age contributory pension at age 66. He would require a yearly average of at least 20 reckonable contributions from the beginning of the 1953 contribution year to 5 April 1983 to qualify for this latter pension.

The reduced rate of contributions paid in respect of him as a permanent and pensionable public servant since the end of June 1963 are not reckonable for retirement or old age contributory pension purposes.

355.

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

Following a review of his case the person concerned has been assessed with nil means with effect from 12 July 1983. He is accordingly entitled to unemployment assistance at £82.95 weekly from 12 July 1983 increasing to £87.00 from 5 October 1983. He is a postal applicant and an order for encashment at his local post office paying arrears issued to him on 20 October 1983 and further arrears representing the adjustment in rate from 5 October 1983 will be paid this week. Weekly payments of £87 will follow.

356.

asked the Minister for Social Welfare when arrears of unemployment assistance will be paid to a person (details supplied) in County Cork; and the reason for the delay.

There are no arrears of unemployment assistance due to the person concerned. He claimed unemployment assistance from 14 January 1983 to 7 June 1983. His claim was originally disallowed as he failed to disclose his means but following a review he was assessed with means of £11.50 weekly derived from self-employment cutting and selling timber. He was accordingly paid unemployment assistance at £13.95 weekly being the maximum rate £25.45 less £11.50 and all unemployment assistance due was paid during the period of the claim. He appealed against the amount of means assessed against him but an appeals officer upheld the assessment of his means at £11.50 weekly.

357.

asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Laois.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to disclose his means he failed to show that his means do not exceed the statutory limit. He recently appealed against the disallowance of his claim. His case has been referred to a social welfare officer to afford him another opportunity to disclosing full details of his means after which it will be submitted to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

358.

asked the Minister for Social Welfare when a decision will be made on an application for free electricity which was submitted in August 1983 by a person (details supplied) in County Galway.

The person concerned is entitled under a deed of transfer of property to his son to the right of residence, maintenance and support and his application for a free electricity allowance has therefore been disallowed. He has been notified accordingly.

359.

asked the Minister for Social Welfare the reason unemployment assistance at the maximum rate is not being paid to a person (details supplied) in County Tipperary as he has been living on his own for a considerable period of time and has no other means; and when the correct rate will be paid to him.

The person concerned was issued with an application form to enable him to apply for a review of his means. He recently returned the form and his case has been referred to a social welfare officer for a re-investigation of his means. His means will be reviewed when the inquiries are completed and the rate of unemployment assistance payable to him will be determined accordingly. In the meantime he continues to receive payments of unemployment assistance at £14 weekly being the maximum rate payable to him £28 less means £14 derived from the value of board and lodging in his parents' home.

360.

asked the Minister for Social Welfare when a decision will be made on the unemployment assistance appeal of a person (details supplied) in County Cavan.

The case of the person concerned was referred again to a social welfare officer for additional inquiries about his means before referring the matter to an appeals officer. It is expected that the inquiries will be completed this week after which the case will be submitted to an appeals officer for determination. The rate of unemployment assistance payable to him will be reviewed in the light of the appeals officer's decision. In the meantime unemployment assistance continues to be paid to him at £10.80 weekly being the maximum rate payable to him £97.70 less £86.90 means assessed against him.

361.

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

The person concerned was paid disability benefit from 28 October 1980 to 29 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 appealed against the disallowance and, in connection with his appeal, he was examined on 6 April 1983 by a different medical referee who also considered him to be capable of work.

The appeals officer to whom the case was referred decided on 20 June 1983 that the claimant was capable of work from 31 January 1983 to 30 May 1983, (date of latest medical certificate before him) and is not entitled to be paid benefit in respect of that period.

Following receipt of representations from the Deputy, the case was re-opened and an oral hearing took place on 7 September 1983. Before making a decision however, the appeals officer wishes to consider the result of an independent specialist examination which was arranged for the claimant on 1 November 1983. When the result of this examination is received the claimant's entitlement to disability benefit will be reviewed.

362.

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

The person concerned claimed disability benefit from 11 July 1983 but she was not entitled to payment as she has not the required minimum of 26 contributions paid or credited on her behalf in 1981-82, the contribution year governing her claim. The Department's records show only 25 contributions recorded on her behalf in that year.

363.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Kilkenny as he applied eight weeks ago.

The entitlement of the person concerned to unemployment assistance cannot be determined until investigations about his income from all sources including his wife's earnings from self-employment have been completed. It is expected that the social welfare officer investigating the case will be in a position to furnish a report this week after which his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.

364.

asked the Minister for Social Welfare if he will give details of the decision taken in respect of the examination of a person (details supplied) in County Kilkenny who applied to be transferred from disability benefit to invalidity pension.

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 28 September 1983 by a medical referee who expressed the opinion that he was not permanently incapable of work and asked to have him referred again for a further examination in four months' time.

His entitlement to invalidity pension will be reviewed in the light of this examination. In the meantime he continues to receive disability benefit at the maximum rate of £74.85 appropriate to a married man who has two qualified children.

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