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Dáil Éireann debate -
Wednesday, 30 Jan 1985

Vol. 355 No. 5

Written Answers. - Social Welfare Benefits.

379.

asked the Minister for Social Welfare the reason a person (details supplied) in Country Cork has not received any disability benefit since 18 December 1984.

Payment of disability benefit to the person concerned was disallowed from 19 December 1984 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, arrangements have been made to have him examined by a different medical referee on 6 February 1985. His entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

380.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork has been signing on for eight months for unemployment benefit and has been refused unemployment benefit.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit from 15 August 1984 and her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and attended an oral hearing of her case on 22 January 1985. The appeals officer also decided that she was not available for employment and disallowed her unemployment benefit claim. She was notified accordingly.

381.

asked the Minister for Social Welfare when a decision will be made on an application for a contributory widow's pension made by a person (details supplied) in County Galway.

One of the conditions for receipt of widow's contributory pension provides that there must be a yearly average of at least 39 contributions in either the last three or five full contribution years prior to the husband's death or his reaching 66 years of age, whichever is the earlier, or alternatively an average of at least 24 contributions over the period from his entry into insurance up to the end of the contribution year before his death (or reaching 66 years of age).

This condition is not satisfied in this case. The late husband's insurance record gives an average number of insurance contributions in the forty-five year period from 1937-38 to 1983-84 of only seven. The only employment contributions recorded for him were during the years from 1937 to 1952 when he worked with Galway County Council. The claimant is not therefore entitled to a widow's contributory pension, and has been notified accordingly. An earlier application from her for a widow's non-contributory pension was also refused because her means, derived from a farm holding and some capital, exceeded the statutory limit for receipt of this pension.

The late husband was in receipt of unemployment assistance from 10 March 1970 until the date of his death. Credited contributions could not be allotted to his record in respect of this period, however, because no contributions had been paid or credited in respect of him for the two previous complete consecutive contribution years. The regulations provide that in the latter circumstances 26 employment contributions must have been paid in respect of the person in question before credited contributions can be subsequently allowed.

382.

asked the Minister for Social Welfare the reasons only one week's injury benefit has been paid to a person (details supplied) in County Galway despite the fact that this person has forwarded medical certificates on a regular basis; if he will now direct his Department to make immediate payments to this person; the date on which regular weekly and total arrears payments will be paid; the relevant amounts of payment; and if he will make a statement on the matter.

The person concerned claimed injury benefit on 29 October 1984 in respect of an incapacity resulting from an accident at work on 8 June 1984. Following confirmation of details of the accident, injury benefit was allowed from 8 October 1984, 21 days before the date of the claim in accordance with the normal practice where claims are made late without a satisfactory explanation of the reason for the delay.

Benefit has now been paid to the person concerned for the period from 8 October 1984 to 6 December 1984 (the end of the 26 weeks injury benefit period for 26 weeks from the date of the accident) with the exception of the period when she resumed work from 15 October to 21 October 1984. The delay in issuing payment arose from the need to clarify the situation regarding this period of employment in respect of which medical evidence of incapacity had been furnished even though the employer had stated that the person had worked during that period. The total amount of injury benefit paid is £310.89.

Pending the completion of investigations her entitlement to disability benefit on an interim basis was considered. Her contributions in the governing contribution year were at Class D1 only which do not reckon for disability benefit purposes and she was not therefore qualified for disability benefit.

While she is not qualified for disability benefit as she does not satisfy the contribution conditions she may be entitled to disablement benefit under the occupational injuries benefit scheme if she is at the loss of physical or mental faculty as a result of the accident. A claim form for disablement benefit has been issued to her for completion and return.

383.

asked the Minister for Social Welfare the reason unemployment benefit has not yet been paid to a person (details supplied) in County Tipperary as she is available for work; and when this benefit will be paid.

The person concerned claimed unemployment benefit from 19 November 1984, but her entitlement to unemployment benefit could not be determined until inquiries had been made to establish that she fulfilled the condition of being available for work. These inquiries were recently completed and her claim was allowed at the rate of £31.75 weekly. Arrangements have been made to pay all arrears due this week. Further weekly payments will be made as they become due.

384.

(Limerick West) asked the Minister for Social Welfare when an invalidity pension will be paid to a person (details supplied) in County Limerick.

Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned has been in receipt of disability benefit since 9 June 1981 and payment is being made at regular weekly intervals. Arrangements are being made to have him examined by a medical referee on 11 February 1985. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

385.

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

Payment of disability benefit to the person concerned was disallowed from 12 September 1984 following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and was examined on 24 October 1984 by a different medical referee who also considered him to be capable of work. His case has been referred to an appeals officer who proposes to hold an oral hearing as soon as possible. He will be notified of the time and place of the hearing as soon as the arrangements have been made.

386.

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

The person concerned is currently entitled to unemployment assistance at £24.05 weekly the appropriate rate £31.75 less means £7.70. His means were derived from the profit from the sale of plants and shrubs. He appealed against the amount of means assessed against him and an appeals officer also assessed him with means of £7.70 weekly and he was notified accordingly.

387.

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

The claim of the person concerned to a deserted wife's payment is at present under investigation. She has been visited by a local officer of the Department but it will also be necessary to have her husband interviewed and it is hoped to do so inside the next few days. As soon as the reports on the case are received, a decision will be given and the claimant will be notified.

388.

asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Offaly as it is due since July 1984.

The person concerned exhausted his entitlement to unemployment benefit on 12 July 1984. He was advised on several occasions before and after 12 July to apply for unemployment assistance but he failed to do so until 8 October 1984. Since 8 October 1984 he is in receipt of unemployment assistance at £23.30 weekly, the appropriate rate £29.95 less means of £6.65. His means were determined from the value of board and lodging in his step-father's home. It is understood he was in receipt of supplementary welfare allowance for the period 13 July 1984 to 7 October 1984.

389.

asked the Minister for Social Welfare if he will arrange the issue of a non-contributory old age pension to a person (details supplied) in County Offaly who applied eight weeks ago and has received no correspondence from his Department and who is receiving an allowance of pension on her husband's contributory old age pension.

The person concerned was advised in November 1984 that she may qualify for a non-contributory old age pension but there is no trace of a completed application form having been received from her to date. In view of the Deputy's representations an application form for a non-contributory old age pension has been issued to her and on its return the matter will be investigated without delay. When a decision has been given she will be notified of the outcome.

Her husband is in receipt of an old age contributory pension which includes an adult dependant allowance in respect of her. She has requested that this be paid directly to her and the local social welfare officer has been asked to investigate the matter to see if the circumstances are such that a separate payment would be warranted.

390.

asked the Minister for Social Welfare the present position regarding an unemployment assistance appeal made by a person (details supplied) in County Galway.

The person concerned exhausted his entitlement to unemployment benefit on 15 December 1984. He had earlier refused to disclose his means on his application for a qualification certificate and was disallowed on the grounds that by failing to furnish particulars of his means he failed to show that his means did not exceed the statutory limit.

He appealed against the disallowance on his unemployment assistance claim and the case was returned to the social welfare officer to afford him a further opportunity of revealing details of his means. The inquiries which were extensive were recently completed and a deciding officer revised his previous decision and assessed his means at £2 weekly derived from fishing.

He is accordingly entitled to unemployment assistance at the weekly rate of £60.95 being the appropriate rate £62.95 less £2 means and all arrears due, less an amount refunded to his local health board in respect of supplementary welfare allowance which he received pending the outcome of his unemployment assistance claim, have been paid and further weekly payments will be made as they become due.

391.

asked the Minister for Social Welfare the present position regarding an unemployment assistance appeal made by a person (details supplied) in Country Galway.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to reveal full details of his means he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance of his claim and his case was again referred to a social welfare officer to afford him a further opportunity to co-operate in the investigation of his case and to disclose details of his means. Following the completion of extensive inquiries a deciding officer revised his previous decision and assessed means at £13.75 weekly derived from fishing. He is accordingly entitled to unemployment assistance at £65.75 weekly being the appropriate rate £79.50 less means £13.75. All arrears due, less an amount reimbursed to his local health board in respect of payments of supplementary welfare allowance received by him pending the outcome of his unemployment assistance claim, have been paid and further weekly payments are being made as they become due. He has been advised of his right to appeal against the revised decision of the deciding officer if he is dissatisfied with the amount of means assessed against him.

392.

asked the Minister for Social Welfare the present position regarding an unemployment assistance appeal made by a person (details supplied) in County Galway.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish details of his means he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance of his unemployment assistance claim and his case was referred to a social welfare officer to afford him a further opportunity of co-operating in the investigations and revealing details of his means. Following the completion of extensive inquiries a deciding officer revised his decision and assessed means at £10 weekly derived from fishing. He is accordingly entitled to unemployment assistance at £69.50 being the appropriate rate £79.50 less £10 means.

All arrears due, less an amount refunded to his local health board in respect of supplementary welfare allowance which he received pending the outcome of his unemployment assistance claim, have been paid and further weekly payments will be made as they become due. He has been advised that if he is dissatisfied with the amount of means now assessed against him it is open to him to appeal and to have his means assessed by an appeals officer.

393.

asked the Minister for Social Welfare the present position regarding an unemployment assistance appeal made by a person (details supplied) in County Galway.

The person concerned has not appealed the means assessment in his case. He is at present in receipt of unemployment assistance at the weekly rate of £28.55 being the appropriate rate payable £29.95 less means £1.40. If he wishes to appeal against the amount of means assessed against him it is open to him to do so. A form for this purpose may be obtained at his local office.

394.

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

It has not been possible to trace receipt of a claim to unemployment assistance which refers to the person named in the details supplied. Further inquiries in the matter will be made if the Deputy will furnish additional information to enable the person concerned to be identified.

395.

asked the Minister for Social Welfare the present position regarding an application for unemployment assistance made by a person (details supplied) in County Galway.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means exceeded the statutory limit. His means were derived from the benefit of his wife's earnings. If he is dissatisfied with the amount of means assessed against him it is open to him to appeal against the decision. A form for this purpose can be obtained at his local office.

396.

asked the Minister for Social Welfare if disability benefit can be paid to a person (details supplied) in County Mayo.

Payment of disability benefit to the person concerned was disallowed from 12 May 1983 following an examination by a medical referee who expressed the opinion that she was capable of work. She appealed against the disallowance and was examined by a different medical referee who also considered her to be capable of work. Her case was referred to an appeals officer who decided that she was capable of work from 12 May 1983 to 18 November 1983, and she was therefore not entitled to disability benefit for that period.

The claimant continued to submit medical evidence in support of her claim and appealed against the decision to disallow her claim from 19 November 1983. Following a further examination by a medical referee who again expressed the opinion that she was capable of work, her case was referred to an appeals officer who upheld the decision to disallow her claim in respect of the period from 19 November 1983 to 15 June 1984. She continued to submit medical certificates and has appealed against the decision to disallow her claim from 16 June 1984. Arrangements are being made to have her again examined by a medical referee of the Department. Her entitlement to payment of disability benefit will be reviewed when the report of the medical referee examination is received.

397.

asked the Minister for Social Welfare if he will make a free travel pass available to a person (details supplied) in County Cork.

There is no record in the Department of an application for free travel from the person concerned and the information supplied by the Deputy is insufficient to enable a decision to be given in the case. Accordingly, an application form for free travel was issued to the person concerned on 25 January 1985. On receipt of the completed form in the Department, a decision will be given in the case and she will be notified of the outcome.

398.

asked the Minister for Social Welfare if he will have a funeral grant paid to the relatives of a person (details supplied) in County Cork.

There is no trace of a claim having been received in respect of the deceased. A claim form has been issued to the representatives of the deceased.

399.

asked the Minister for Social Welfare when a person (details supplied) in County Kerry will be called before a medical referee in connection with her application for social welfare disability benefit.

Payment of disability benefit to the person concerned was disallowed from 16 April 1984, following examination by a medical referee who considered her to be capable of work. She appealed against the disallowance and was examined on 30 August 1984 by a different medical referee who also considered her to be capable of work. Her case has been referred to an appeals officer who proposes to hold an oral hearing of the case. She will be notified of the time and place of the hearing as soon as the arrangements have been made.

400.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork who was approved for disability or injury benefit on 6 December 1984 has not yet received payment.

Payment of disability benefit to the person concerned was disallowed from 24 February 1984 following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance of benefit and he was examined on 2 July 1984 by a different medical referee who also considered him to be capable of work.

His case was then referred to an appeals officer for determination. The appeals officer decided on 17 December 1984 that the claimant was incapable of work from 24 February 1984 to 15 November 1984 and is entitled to be paid disability benefit for that period. All disability benefit payable from 24 February 1984 to 17 January 1985, the date of the latest medical certificate received, less the amount of unemployment benefit already paid, has been issued. The delay in issuing benefit was due to the late receipt of medical evidence of incapacity from the claimant.

401.

Mr. Coughlan

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

Unemployment assistance cannot be paid to any person who is not the holder of a qualification certificate. The person concerned exhausted his title to unemployment benefit when he received 390 days benefit on 21 October 1984 and was advised previously to apply for a qualification certificate to enable his entitlement to unemployment assistance to be determined before exhausting his title to unemployment benefit but he did not do so. He subsequently applied on 22 October 1984 and the case was referred to a social welfare officer for investigation of his means. Inquiries are still being made and when these are completed his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.

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