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Dáil Éireann debate -
Tuesday, 6 Nov 1984

Vol. 353 No. 6

Written Answers. - Social Welfare Benefits.

672.

asked the Minister for Social Welfare the reason occupational injury benefit is not being paid to a person (details supplied) in County Tipperary who suffers from pneumoconiosis as a result of his occupation as a coal miner; when this will be paid; and the amount which will be paid.

The person concerned is in receipt of disablement benefit under the occupational injuries scheme in respect of the occupational disease concerned since October 1974. Under the statutory provisions of the scheme people who suffer from the disease do not qualify for injury benefit but may receive disability benefit in addition to disablement benefit from the date of development of the disease.

He was in hospital in connection with his disablement from 10 September to 17 October 1984. Disability benefit was allowed in respect of the period and has been paid less sums refunded to the health board in respect of supplementary welfare allowance advanced in the period.

673.

asked the Minister for Social Welfare when a pension will issue to a person (details supplied) in County Westmeath.

The person concerned is being paid disability benefit at regular weekly intervals and payment has been made to date. A form on which to claim invalidity pension has been forwarded to her and on its return, duly completed, the claim will be dealt with without delay.

674.

asked the Minister for Social Welfare the reason for the delay in the issue of a pension to a person (details supplied) in County Westmeath.

The old age pension books for the person concerned payable from 5 October 1984 issued in error to Mullingar PO. When this error came to light on 2 November the books were recalled and on their return they will be reissued to the pensioner. It is expected that the pensioner will have his pension books this week. Any inconvenience caused to the pensioner is regretted.

675.

asked the Minister for Social Welfare when a decision will issue in an appeal of a person (details supplied) in County Westmeath; and if he will undertake to see that all circumstances in this case are taken into account.

The person concerned claimed disability benefit from 31 January 1984 and was paid to 28 April 1984. Payment was disallowed after that date following examination by a medical referee on 9 April 1984 who expressed the opinion that he was capable of work. He appealed against the disallowance and was examined on 8 June 1984 by a different medical referee who also considered him to be capable of work.

Following an oral hearing the appeals officer decided on 22 October 1984 to uphold the decision to disallow payment of disability benefit from 30 April 1984 to 29 August 1984, the date of the latest medical certificate before him. The appeals officer's decision is final and may only be altered in the light of new facts or fresh evidence.

676.

asked the Minister for Social Welfare the reason for the delay in the hearing of an oral appeal on behalf of a person (details supplied) in County Westmeath; and if he is aware of the particularly sympathetic circumstances surrounding this case.

Payment of disability benefit to the person concerned was disallowed from 19 May 1984 following examination by a medical referee who expressed the opinion that he was capable of work.

He appealed against the disallowance and an examination by a different medical referee was arranged for 28 June 1984. The person concerned did not attend that examination and another one was arranged for him for 16 July 1984. He was again considered to be capable of work and his case was referred to an appeals officer for determination. That officer has decided to hold an oral hearing of his appeal as soon as possible. He will be notified of the time and place of the hearing as soon as the arrangements have been made. The appeals officer will have all the available evidence before him when making his decision and, of course, the person concerned will be afforded an opportunity of stating his case at the appeal hearing.

677.

asked the Minister for Social Welfare when a living alone allowance and free telephone rental will be allocated to a person (details supplied) in County Westmeath.

The person concerned has been awarded a living alone allowance of £3.20 per week with effect from 21 September 1984, the date she reached 66 years of age. Allowance books with orders payable from 21 September 1984 have been sent to the post office of payment for collection by the claimant and she has been notified accordingly.

An application for a free telephone rental allowance has been approved and she was notified to this effect on 2 November 1984. Telecom Éireann will arrange to apply the allowance from the date on which the applicant is provided with a telephone service.

678.

asked the Minister for Social Welfare when entitlement to benefits will be decided in the case of a person (details supplied) in County Westmeath.

The person concerned claimed and was paid disability benefit from 13 August 1982 to date. From 2 January 1984 his claim to benefit is governed by the 1982-83 contribution year for which he has 33 contributions registered. He is therefore only qualified for payment of benefit at a reduced rate.

He incurred an overpayment of £415.60 and this amount is being recovered by weekly deductions of £5 a week from his current entitlement. A balance of £240.60 is still outstanding. Payment of disability benefit will be issued on receipt of continuing medical evidence as long as the conditions for payment of benefit are fulfilled.

679.

Mr. Cowen

asked the Minister for Social Welfare when free telephone rental will be given to a person (details supplied) in County Offaly.

In order to qualify for a free telephone rental allowance a person in receipt of a qualifying payment must be living entirely alone or only with children under 15 years of age or other persons who are so permanently incapacitated as to be unable to summon aid in an emergency.

An application for a free telephone rental allowance was received from the husband of the person concerned. The application was refused as his wife, who is living with him, is not, from the information furnished, permanently incapacitated as required by the scheme. He was notified accordingly on 10 April 1984. His wife is not in receipt of a qualifying payment in her own right and cannot, therefore, qualify for this allowance.

680.

Mr. Cowen

asked the Minister for Social Welfare if arrears of disability benefit have been paid to a person (details supplied) in County Offaly and if payment of this benefit is continuing.

The person concerned claimed disability benefit from 26 May 1980 to 12 July 1983, after which date she was certified fit to resume work. During the course of that claim she was requested to attend for medical referee examination on 2 February 1983 but failed to do so. Regulations provide that a person who fails to attend for such an examination may be disqualified from receiving further benefit for a period of six weeks unless good cause can be shown for the failure to attend. No explanation was received and accordingly no benefit was paid for the period from 7 February 1983 to 19 March 1983.

The person concerned made a further claim to benefit from 15 March 1984 and payments have been issued as medical evidence is received. Payment of benefit will continue while she remains incapable of work and satisfies the contribution conditions for receipt of disability benefit.

681.

Mr. Cowen

asked the Minister for Social Welfare when a decision will be given in respect of an appeal lodged by a person (details supplied) in County Offaly in respect of a decision taken regarding his eligibility for unemployment assistance.

The person concerned exhausted his entitlement to unemployment benefit on 5 June 1984 and applied for unemployment assistance on 6 June 1984. His claim was disallowed on the grounds that his means derived from the value of board and lodging on his uncle's holding exceeded the statutory limit.

He appealed against this decision and an appeals officer reduced the amount of means to £30 weekly. Accordingly, he was entitled to £32.95 weekly the appropriate rate £62.95 less means £30. All arrears due were paid to him on 11 September 1984.

It has recently come to light that he has a second child for whom he has failed to claim. He has been paid the arrears due to him in respect of this child and thereafter weekly payments of £42.25 being the appropriate rate £72.25 less means £30, continue to be made as they become due.

He requested a further review of his means on 5 October 1984 and his case has been referred to a social welfare officer for further investigation. His rate of unemployment assistance will be reviewed in the light of the social welfare officer's report.

682.

Mr. Cowen

asked the Minister for Social Welfare the reason a person (details supplied) in County Offaly has not been in receipt of pay-related benefit.

The person concerned claimed disability benefit from 20 August 1984 and was paid from 23 August 1984, the fourth day of incapacity to 30 October 1984, after which date he was certified as fit to resume work.

He was not entitled to payment of pay-related benefit as he had insufficient earnings in 1982-83, the tax year relevant to his claim.

683.

Mr. Cowen

asked the Minister for Social Welfare when an appeals officer will determine the eligibility of a person (details supplied) in County Offaly for a full widow's pension.

The appeal of the person concerned against the refusal of her claim to a widow's non-contributory pension has been disallowed by an appeals officer because her means derived from a share in a farm and an amount of capital exceeded the limit of £78 per week applicable in her case. She has been notified accordingly.

The decision of an appeals officer is final and conclusive and may only be reviewed if there is a material change in the claimant's circumstances.

684.

Mr. Cowen

asked the Minister for Social Welfare when a new children's allowance book will be issued to a person (details supplied) in County Offaly.

The claimant in this case reported non-receipt of the renewal allowance book payable from July 1984. A replacement book was therefore issued on the 3 September 1984. The claimant has been asked to say whether this book was received and on receipt of a reply any necessary action will be taken without delay.

685.

Mr. Cowen

asked the Minister for Social Welfare the reason payments of unemployment benefit have been discontinued in the case of a person (details supplied) in County Offaly.

The person concerned exhausted her entitlement to unemployment benefit on 5 March 1984 having drawn the maximum 312 days benefit applicable in her case. In order to requalify for benefit a person must have a further 13 weeks of insurable employment with contributions paid at the appropriate rate after expiration of 156 days benefit.

According to the Departmant's records the person concerned has only 12 weeks of insurable employment during the relevant period; accordingly she does not requalify for benefit. However, her case has been referred to a social welfare officer to establish the number of weeks of insurable employment applicable to her since she received 156 days of unemployment benefit. Her entitlement to unemployment benefit will be reviewed in the light of the outcome.

686.

Mr. Cowen

asked the Minister for Social Welfare when he will allow arrangements to commence whereby recipients of unemployment assistance in the Pullough area can sign on at the post office in Pullough, Tullamore, Co. Offaly.

The opening of a signing centre at Pullough would be dependent on a number of factors, including the question as to whether the Garda authorities are in a position to make manpower available for certification purposes. The question of opening a signing centre in this area is at present under consideration.

687.

Mr. Cowen

asked the Minister for Social Welfare when a decision will be made regarding the eligibility of a person (details supplied) in County Offaly for invalidity benefit.

The person concerned is being paid disability benefit at regular weekly intervals and payment has been made to date. A form on which to claim invalidity pension has been forwarded to him and on its return, duly completed, the claim will be dealt with without delay.

688.

Mr. Cowen

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

The person concerned applied for unemployment assistance on 10 September 1984 and the case was referred to a social welfare officer for investigation. Inquiries are not yet completed and when they are the case will be referred to a deciding officer for assessment of his means and his entitlement to unemployment assistance will be determined accordingly.

689.

asked the Minister for Social Welfare if an oral hearing will be provided for a person (details supplied) in County Cork who was refused smallholders' unemployment assistance as his means exceeded the statutory limit according to the appeals officer; and if he is prepared to review his case again.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from profit from his holding and capital exceeded the statutory limit.

He appealed against the disallowance and his case was referred to an appeals officer. In the light of the documentary evidence the appeals officer determined the case summarily and also decided that the means of the applicant exceeded the statutory limit. The person concerned, however, recently applied for a reinvestigation of his means and his case has been referred to a social welfare officer for additional inquiries. When these are completed the assessment of his means will be reviewed and his entitlement to unemployment assistance will be determined accordingly.

690.

asked the Minister for Social Welfare the outcome of the appeal of a person (details supplied) in Dublin 7 who is a 72 year-old widow and who requested a subsidy from supplementary welfare towards telephone installation costs as she requires the telephone on health grounds and was forced to borrow money to pay the installation fee.

It is understood from the Eastern Health Board, which is responsible for the administration of the supplementary welfare allowances scheme in the Dublin area, that the appeal of the person concerned has not yet been determined by the appeals officer.

Entitlement to an allowance under the supplementary welfare allowances scheme is, under the legislation, a matter to be determined by the health board having regard to all the circumstances of the case. The person concerned previously applied for a free telephone rental allowance and her application was approved. The allowance will be applied from the date on which she is provided with telephone service.

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