asked the Minister for Social Welfare if he will immediately pay unemployment assistance to a person (details supplied) in County Wexford who has no income from work for four months and up to recently has had an income of £12 unemployment assistance.
Written Answers. - Social Welfare Benefits.
412.
Following an investigation of his case by a social welfare officer the means of the person concerned were assessed at £36 weekly and as the sum exceeds the maximum rate of unemployment assistance appropriate to him his claim was disallowed with effect from 28 November 1984. He appealed against the disallowance and in the light of contentions made by him in support of his appeal his case was referred to the social welfare officer for additional inquiries. When these inquiries are completed his case will be referred to the appeals officer and his entitlement to unemployment assistance will be reviewed in the light of the decision of the appeal officer.
413.
asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Galway who has been made redundant for the past three weeks.
The person concerned claimed unemployment benefit but he did not satisfy the statutory contribution conditions and his claim was disallowed. He claimed unemployment assistance and he was not the holder of a qualification certificate his case was referred to a social welfare officer for investigation of his means. It is expected that inquiries will be completed shortly after which his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.
414.
asked the Minister for Social Welfare when his Department received the necessary documents regarding a children's allowance for a person (details supplied); the reason for the delay in issuing the book; and when it will be issued.
The wife of the person concerned submitted an application for continuation of children's allowance on 31 October 1984 in respect of her son, Michael Anthony, who reached 16 years of age in October 1984.
Children's allowance was awarded in respect of this child from November 1984 and the appropriate allowance book payable from that date was issued direct to the claimant's home address on 14 December 1984. In the light of the Deputy's question, the Department is writing to the claimant in the matter and when her reply is received any action necessary will be taken without delay.
415.
asked the Minister for Social Welfare when arrears of payment due to a person (details supplied) in County Louth will be made; and the reason for the substantial delay in payment.
A payable order for arrears of deserted wife's allowance for the period from 11 August 1983 to 29 August 1984, less adjustments in respect of supplementary welfare allowance paid to her by the North-Eastern Health Board and unemployment benefit and assistance paid to her by this Department during that time, was sent to the person concerned on 11 December 1984. Before the arrears could be paid it was necessary to establish the amount of supplementary welfare allowance and unemployment benefit and assistance received by her during the relevant period.
416.
asked the Minister for Social Welfare the present position regarding the application of persons (details supplied) in County Kerry for a free telephone rental allowance; and if he will make a statement on the matter.
To qualify for a free telephone rental allowance a person in receipt of a qualifying pension must be living 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 the allowance from the person concerned was rejected in 1983 as his wife was not, from the information furnished, permanently incapacitated as required by the scheme.
On 4 January 1985 a second application was received and the applicant has been requested to furnish an up-to-date medical certificate in respect of his wife. On receipt of the required medical evidence his application will be considered and he will be notified of the outcome.
417.
asked the Minister for Social Welfare if he will clarify the situation for a person (details supplied) in County Wexford whom it is alleged has two free travel passes, but this in fact is not the case; and if he will ensure that he be allowed to retain his own free travel pass.
The person concerned is entitled to free travel and according to the records of the Department a free travel pass was issued to him in October 1980 when he was awarded a qualifying payment. A second pass was, however, issued in error, to him in January 1983 and when this came to light recently he was requested to return the second pass. Since this is the only pass now held, he should retain it and the Department is writing to him to advise him accordingly.
418.
asked the Minister for Social Welfare if social welfare payments will be made to a person (details supplied) in County Wexford who was cut off disability benefit and when he subsequently claimed unemployment benefit he was refused because he was not capable of work; and if he can ensure that he is awarded some level of payments on his contributions record and advise the applicant accordingly and that temporary payments of supplementary welfare allowance will be paid on an interim basis.
The person concerned claimed and was paid disability benefit from 23 August 1984 to 6 October when a final medical certificate was received to the effect that he was fit to resume work.
He claimed unemployment benefit on 15 October. He failed to satisfy the qualifying condition which requires the claimant to be available for employment and the claim therefore was rejected. He appealed against the disallowance and arrangements are being made to have the case determined by an appeals officer.
Further medical certificates were received on 24 December 1984 in respect of the period from 22 October claiming injury benefit in respect of asthmatic bronchitis. Disability benefit was allowed on an interim basis from 25 October, the fourth day of incapacity, at the maximum personal rate and pay-related benefit from 12 November, the nineteenth day of incapacity, at £14.35 a week.
Cheques for £360.09 and £102.85 were issued on 7 and 11 January respectively in respect of the period to 31 December and payments subsequently have been made to the date of the latest medical certificate received.
Bronchitis is not among the occupational diseases prescribed under the occupational injuries scheme. Occupational asthma however is a prescribed disease in respect of specified employments for which disablement benefit is only payable.
The claim for injury benefit has accordingly been treated as a claim for disablement benefit and is being investigated.
419.
asked the Minister for Social Welfare if unemployment assistance recipients are entitled to free fuel in view of a recent court case in the Eastern Health Board area; and if he agrees that in many cases people who are in receipt of unemployment assistance are receiving a lower level of subsistence than other categories of social welfare recipients who are entitled to free fuel.
The national fuel scheme, which forms part of the supplementary welfare allowance scheme, was introduced in 1980 principally for the benefit of elderly or incapacitated persons depending on long-term social welfare or health board payments. Recipients of short-term payments were not included. Guidelines for the operation of the scheme have been issued to health boards each year in a Departmental circular before the commencement of the heating season.
In the recent High Court judgment the judge ruled that a phrase in the circular relating to the non-inclusion in the scheme of persons receiving short-term social welfare payments was ultra vires the Minister and that the health board was therefore incorrect in disallowing the application of the person concerned on the strength of the circular in question.
To establish the legal basis of the scheme it is proposed to make regulations prescribing the conditions for the granting of fuel allowances under the supplementary welfare allowances scheme under the powers which are provided in the legislation to prescribe matters in relation to that scheme. These regulations will be made shortly.
420.
asked the Minister for Social Welfare if old age pensioners (details supplied) in County Wexford will be awarded an increase in payments in view of the fact that they have no other assets and cannot manage on their present income.
It was decided by an appeals officer on 5 June 1984 that the person concerned was entitled to an old age pension at the weekly rate of £28 from 17 February 1984 which included an adult dependant allowance £9.40 for his wife. This rate increased to £32.05 which also includes an adult dependant allowance of £10.75 from 6 July 1984. This is the rate to which he is entitled having regard to the assessment of his means, consisting of half the weekly value of a holding and capital.
Recent representations have been accepted as an application for an increase in his existing rate of old age pension. The application has been referred to the social welfare officer for investigation. When the inquiries have been completed the matter will be decided and the person concerned will be notified of the outcome without delay.
421.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be forwarded an invalidity pension application form and subsequently considered favourably for the pension.
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.
422.
asked the Minister for Social Welfare if entitlement to deserted wife's payments will be reconsidered for a person (details supplied) in County Wexford on the basis that she has an absolute divorce and has furnished his Department with all reasonable information; and if he agrees that the outstanding data which is being sought by his Department is of a totally personal nature and is not available to the applicant.
One of the conditions for receipt of a deserted wife's payment is that the husband of the person concerned must have left her of his own volition. In order to assist in establishing this it is a routine requirement in cases where a divorce is involved, that a copy of the divorce petition by the party initiating the divorce proceedings be produced. The reason for this is that this document normally relates the reasons upon which the divorce is sought and may give an indication towards resolving whether the husband left of his own volition.
As there appears to be particular difficulties in this case in producing the required documentation, the local officer of the Department is now being asked to investigate the matter further with a view to ascertaining if the information which is required to enable a decision to be made on the person's application can be obtained without recourse to the documentation.
423.
asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Louth will be heard; and the reason for the delay in hearing this appeal.
Payment of disability benefit to the person concerned was disallowed from 6 July 1984 following examination by a medical referee who expressed the opinion that he was capable of work.
He has not indicated to the Department that he wishes to appeal the decision to disallow payment and he has not submitted medical evidence of incapacity for work subsequent to 10 July 1984. The person concerned claimed unemployment benefit from 16 July 1984 and has been paid to date.
424.
asked the Minister for Social Welfare if unemployment benefit will be paid to a person (details supplied) in County Mayo.
The person concerned is a landowner who did not satisfy the contribution condition of 78 paid contributions in a three year period. The profit from his holding was also deemed to exceed £2 daily and his claim for unemployment benefit was disallowed.
He appealed against this decision and following an oral hearing of his appeal on 20 December 1984 an appeals officer allowed his appeal. All arrears of unemployment benefit due to claimant have been paid less the total amount of unemployment assistance which was paid to him while he was awaiting a decision on his appeal. Further weekly payments of unemployment benefit at the maximum weekly rate of £111.30 will continue to be made as they become due.
425.
Mr. Coughlan
asked the Minister for Social Welfare when a decision will be given to a person (details supplied) in County Donegal who has applied for a blind pension.
It was decided by an appeals officer on 30 March 1984 that the person concerned is not entitled to a blind pension on the grounds that he did not fulfil the statutory conditions as to blindness. The claimant was notified of the appeal officer's decision on 9 April 1984.
A repeat claim to blind pension has since been received from the person concerned. The matter is under investigation at present and he will be notified of the outcome in due course.
426.
asked the Minister for Social Welfare when social welfare assistance will be paid to a person (details supplied) in County Dublin.
The person concerned claimed unemployment assistance on 24 October 1984 and following investigation of his means by a social welfare officer he was assessed with means of £15 weekly. He was accordingly entitled to unemployment assistance at £15.90 weekly the appropriate rate £30.90 less means of £15. He was paid all unemployment assistance due to him up to 25 December 1984 when he ceased to sign as unemployed.
He appealed against the amount of means assessed against him and arising out of contentions made by him in support of his appeal his case has been referred to a social welfare officer for further investigation. When these inquiries are completed his case will be referred to an appeals officer for decision and his rate of unemployment assistance will be reviewed in the light of the appeals officer's decision.
427.
asked the Minister for Social Welfare if he has any proposals to amend the free transport scheme for pensioners to accommodate the spouse of a pensioner who is unable to travel due to illness.
Individual entitlement to free travel under the existing scheme is confined to persons over age 66 or if under that age, receiving a social welfare type payment as permanently incapacitated persons. Extension of the scheme to give individual entitlement to a spouse who is not qualified for free travel in his or her own right would radically alter the nature of the scheme and would have significant cost implications. There are no plans to extend the scheme on the lines proposed.