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Dáil Éireann debate -
Thursday, 31 Jan 1985

Vol. 355 No. 6

Written Answers. - Social Welfare Benefits.

383.

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

Entitlement to unemployment assistance is subject to the condition that an applicant is available for work and to fulfil this condition an applicant must be capable of, available for and genuinely seeking work. The person concerned applied for unemployment assistance on 12 November 1984 but following the completion of inquiries his claim was recently disallowed on the grounds that as he was not genuinely seeking work, he did not fulfil the condition of being available for work.

384.

asked the Minister for Social Welfare whether a wife aged over 70 years who is in receipt of adult dependant's allowance on her husband's contributory old age pension can obtain free phone rental where her husband is so permanently incapacitated that he would be unable to obtain aid in emergency; and, if not, how discrimination between couples can be accepted where the only difference is the accident of whose name appears on the pension book.

The free telephone rental allowance was introduced as a benefit for old age pensioners living entirely alone to enable them to obtain aid in an emergency. The scheme was later extended to include old age pensioners living with another person where that person is so incapacitated as to be unable to obtain aid in an emergency. The scheme also applies on the same basis to permanently incapacitated persons who receive social welfare type pensions or allowances.

In all cases the person living with the qualifying pensioner must be incapacitated before an allowance is payable. In the case mentioned by the Deputy if the wife were in receipt of a qualifying pension in her own right an allowance would be payable. The possibility of further extending the scope of the free telephone rental allowance scheme will be considered as available resources allow.

385.

asked the Minister for Social Welfare when arrears of an unmarried mother's allowance, from 13 September 1984, will be paid to a person (details supplied) in County Wexford; and the reason for the delay.

A payable order for arrears of unmarried mother's allowance for the period from 13 September 1984 to 19 December 1984 was sent to the person concerned on 30 January 1985.

386.

asked the Minister for Social Welfare if an invalidity pension will be awarded to a person (details supplied) in County Wexford who has been on disability benefit since 1981.

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 17 July 1981 and payment is being made at regular weekly intervals. Arrangements are being made to have him examined by a medical referee on 12 February 1985. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

387.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford can repay his overpayment of disability benefit by an amount of £2 weekly instead of the £6 weekly which is being deducted at present.

The person concerned claimed disability benefit from 10 September 1984 and payment has been issued to 21 January 1985 the date of the latest medical certificate received. During the period 13 September 1984 to 3 December 1984 he incurred an overpayment of £108.90 as he was paid for an additional child dependant. It was originally decided to recover this amount by weekly deductions of £6 from his disability benefit entitlement. However, in view of the circumstances of this case, it has now been decided to reduce the deductions to £2 per week. Deductions of this amount will continue to be made from his current claim or any future claim to benefit he may have until the total amount of the overpayment is recovered.

388.

asked the Minister for Social Welfare whether a person (details supplied) in County Wexford is entitled to disability benefit or would have entitlement in the future if sufficient credits accrued from medical certs.

The person concerned claimed disability from 23 July 1984. He is not qualified for benefit as regulations provide that where a claimant has no contributions paid or credited for any two consecutive contribution years preceeding his claim, he cannot qualify for payment of disability benefit, or the award of credited contributions in respect of periods of incapacity for work, until he has a further 26 weeks of insurable employment for which the appropriate contributions have been paid.

According to the records of the Department, the person concerned had no contributions paid or credited in the years 1975 and 1976 and has not had 26 weeks of insurable employment since that time.

389.

asked the Minister for Social Welfare the up-to-date position regarding the application of a person (details supplied) in County Cork for an invalidity pension; and when he will be paid.

The person concerned has been awarded an invalidity pension from 20 December 1984. A pension book payable from 21 February 1985 has been issued to the designated post office of payment and arrears in respect of the period from 20 December 1984 to 20 February 1985 less the amount of disability benefit paid during that period will be paid by payable order.

390.

asked the Minister for Social Welfare the number of people signing of for unemployment benefit who have applied for unemployment benefit and assistance in Kilmallock, County Limerick, exchange; the proportion of those signing on who are from Cork county; and in view of the above information if he will give serious thought to the transferring of the employment exchange in Kilmallock to Charleville, County Cork.

The total number of persons registered as unemployed at the employment office, Kilmallock is 1,349. Of these 27 per cent are from Cork county. The question of transferring the employment office from Kilmallock to Rathluirc (Charleville), County Cork, has been examined but it is not considered that a transfer would be appropriate in present circumstances.

391.

(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 at present in receipt of unemployment assistance at £4.95 weekly being the appropriate rate £29.95 less means £25. His means were derived from the profit from his holding. It is open to him to apply for a review of his means if his circumstances have changed. A form for this purpose may be obtained at his local office.

392.

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

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from self-employment as a bricklayer exceeded the statutory limit. He recently appealed against this decision and arrangements are being made to have his case referred to an appeals officer for determination of his means. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

393.

(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 has been in continuous receipt of unemployment assistance since 1977. He is at present in receipt of unemployment assistance at the weekly rate of £21.20 being the appropriate rate £31.75 less means £10.55 derived from profit from land shared with his mother. He recently applied for a review of his means and his case has been referred to the social welfare officer for reinvestigation of his means. When the investigation is completed the assessment of his means will be reviewed and the rate of unemployment assistance payable to him will be determined accordingly.

394.

asked the Minister for Social Welfare the outcome of an appeal by a person (details supplied) in County Galway against a decision not to grant him unemployment assistance.

The appeal of the person concerned against the disallowance of his unemployment assistance claim has not yet been determined. Arising from contentions made by him in support of his appeal his case was returned to a social welfare officer for additional inquiries. These inquiries were recently completed and his case was referred to an appeals officer who will deal with the appeal at the earliest opportunity. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

395.

asked the Minister for Social Welfare the outcome of an appeal by a person (details supplied) in County Galway against a decision not to grant him unemployment assistance.

Arising from contentions made by the person concerned in support of his appeal against the decision to disallow his unemployment assistance claim on the grounds that the means assessed against him exceeded the statutory limit, his case was referred to a social welfare officer for further investigations. When the inquiries are completed his case will be submitted to an appeals officer and his entitlement to unemployment assistance will be determined in the light of the decision of the appeals officer.

396.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway is only in receipt of £17 per week unemployment assistance despite the fact that his brother, who had been on unemployment assistance before his emigration to the United States six months ago, was receving £32 per week while the family means have at all times remained the same.

The person concerned is at present in receipt of unemployment assistance at £19.70 weekly the appropriate rate £30.90 less means £11.20. His means were derived from the value of board and lodging in his father's home. He appealed against this decision and an appeals officer also assessed him with means of £11.20 weekly.

Each assessment of means is the subject of an investigation and the assessment is based on the circumstances and the merits of each individual claim. In the case of the brother of the person concerned the investigations took into consideration the household income applicable at the date of the application and on this basis the applicant was assessed with nil means.

397.

asked the Minister for Social Welfare the present position regarding the application of a person (details supplied) in County Kildare for a widow's pension.

The person has been awarded a widow's non-contributory pension, based on her means, with effect from 2 March 1984, the Friday following her husband's death. A pension book with orders payable from 23 November 1984 was issued on 25 January 1985 to the designated post office for collection by her and she was notified accordingly. Arrears for the period from 2 March 1984 to 22 November 1984 will be sent direct to her shortly by payable order.

398.

asked the Minister for Social Welfare if a person (details supplied) in County Cork will be awarded a free telephone rental allowance in the light of new medical evidence which has been submitted.

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. The person concerned is living with his wife who is not, from the information furnished, permanently incapacitated as required by the scheme. A free telephone rental allowance cannot therefore be granted to the applicant.

399.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Kilkenny; and the reason disability benefit was not paid to him over a three week period in the summer of 1984 even though certification of illness was submitted to his Department.

The person concerned claimed unemployment benefit on 21 January 1985 and his entitlement to unemployment benefit is governed by his contribution record during the contribution period 6 April 1983 to 5 April 1984. The Department has no record of any paid or credited contributions during this period but inquiries are being made to establish his employment record and when these inquiries are completed his entitlement to unemployment benefit will be reviewed in the light of the outcome of the investigations.

The Department has no trace of any claim for disability benefit being received during the summer months of 1984 under the name, address and PRSI number mentioned in the details supplied.

400.

asked the Minister for Social Welfare if he will review the position of a person (details supplied) in County Cork who is on a widow's non-contributory pension and whose pension has been reduced from £44 per week to £33.09.

The person concerned had been in receipt of widow's non-contributory pension at the weekly rate of £44.65 in respect of herself and two qualified children.

One of her daughters reached 18 years on 4 September 1984 and in the absence of evidence to show that she is receiving full time education by day (in which event payment would be made for her up to 21 years of age) she cannot be regarded as a qualified child from that date.

The rate of pension payable to the widow was consequently reduced to £33.05 a week. This is the appropriate rate for a widow under 66 years with one qualified child and whose weekly means exceed £22 but do not exceed £24. She is assessed with means of £23.65 a week derived from a farm holding and capital.

If the child in question is still in full time education, the appropriate form which was sent to the claimant should be certified by the school authorities and returned to the Department. Payment in respect of that child would then be resumed.

In view of the Deputy's request for a review of the case a local officer has been asked to call on the claimant and supply an up-to-date report on her means. If there is any change in her entitlement as a result she will be notified.

401.

asked the Minister for Social Welfare when extended unemployment benefit will be paid to a person (details supplied) in County Cork who is signing at Mallow employment exchange.

402.

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

403.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid extended unemployment benefit under the EC Equality Act.

404.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid extended unemployment benefit under the EC Equality Act.

405.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid extended unemployment benefit under the EC Equality Act.

406.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid extended unemployment benefit under the EC Equality Act.

407.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid extended unemployment benefit under the EC Equality Act.

408.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid extended unemployment benefit under the EC Equality Act.

I propose to take Questions Nos. 401 to 408, inclusive, together.

The Bill to provide equal treatment for men and women in accordance with the terms of the EC Directive 79/7/EEC was circulated on 13 December 1984. The proposals in this Bill — the Social Welfare (Amendment) (No. 2) Bill, 1984 — include the extension of the maximum duration of the payment of unemployment benefit to married women from 312 to 390 days. It is not possible to state the date of implementation of any of the provisions of the proposed legislation in advance of its enactment by the Oireachtas.

409.

asked the Minister for Social Welfare the reason for the delay in the payment of disability benefit to a person (details supplied) in County Louth.

The person concerned claimed disability benefit from 12 September 1983 and all benefit payable has been issued to 18 January 1985 the date of the latest medical certificate received. There does not appear to have been any undue delay in issuing payment of benefit.

Special arrangements were made to issue disability benefit payments over the Christmas period which resulted in payment being issued to the person concerned in advance of medical evidence, and which may have given him the impression that payments were not being made regularly

Furthermore on further investigation of the claim, it now appears that weekly deductions being made to recoup advances of supplementary welfare allowance were incorrectly continued for some weeks beyond the date they should have terminated. A refund of the amount due has now been paid to the person concerned.

410.

asked the Minister for Social Welfare the reason for the delay in the payment of disability benefit to a person (details supplied) in County Louth.

The person concerned was paid disability benefit from 24 December 1984, fourth day of incapacity to 7 January 1985, after which he was certified as being capable of work. He again claimed disability benefit from 9 January 1985. He submitted only one medical certificate indicating that he was incapable of work. Further medical evidence is necessary to establish the duration of incapacity before any payment can be made. He was requested on 28 January 1985 to submit evidence of incapacity subsequent to 9 January 1985. When this evidence is received his claim will be dealt with without delay.

411.

asked the Minister for Social Welfare when a person (details supplied) in County Louth will be transferred to invalidity 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.

412.

asked the Minister for Social Welfare when an invalidity pension book and arrears of pension will issue to a person (details supplied) in County Westmeath.

The person concerned has been awarded an invalidity pension from 29 November 1984, the Thursday following completion of claim form. A pension book payable from 14 February 1985 has been issued to the designated post office of payment and arrears in respect of the period from 29 November 1984 to 13 February 1985 less the amount of disability benefit paid during that period will be paid by payable order.

413.

asked the Minister for Social Welfare if he will arrange to have wife's and dependants' allowances paid separately from her husband's old age pension to a person (details supplied) in County Westmeath.

The matter has now been investigated and it has been decided that separate payments are appropriate in the light of the circumstances of this case. The husband of the person concerned has been requested to return his old age pension books for the appropriate adjustment. On their return separate books in respect of the adult and child dependant allowances will be issued to the person concerned.

414.

asked the Minister for Social Welfare the present position regarding the allocation of a disability pension to a person (details supplied) in County Westmeath who is currently on disability benefit.

The person concerned has been in receipt of disability benefit since 18 December 1984 and payment is being made at regular intervals.

A contribution condition for receipt of invalidity pension is that the claimant has 156 weeks of insurable employment for which the appropriate contributions have been paid. According to the records of the Department the person concerned has only 65 weeks of insurable employment and in the circumstances is not entitled to receive invalidity pension.

415.

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

Entitlement to pay-related benefit with flat-rate unemployment benefit is subject to the condition that the weekly sum of pay-related benefit, flat-rate unemployment benefit and income tax rebate may not exceed 85 per cent of the net average weekly earnings of an applicant.

The 85 per cent limit applicable to the person concerned is £70 weekly and as the flat-rate unemployment benefit payable from 5 November 1984 is £103.40 per week pay-related benefit is not payable in his case.

416.

asked the Minister for Social Welfare if any decision has been made by his Department on the appeal of a person (details supplied) in County Kilkenny who was refused unemployment benefit.

The person concerned appealed against the disallowance of her unemployment benefit claim on 15 January 1985 at her local office. No decision has yet been made in her case. However, arrangements are being made to have her case determined by an appeals officer at the earliest opportunity. Her entitlement to unemployment benefit will be reviewed in the light of the decision in her case.

417.

asked the Minister for Social Welfare if a decision has yet been made on the appeal of a person (details supplied) in County Kilkenny for unemployment assistance.

The unemployment assistance claim of the person concerned was disallowed for six weeks from 12 September 1984 on the grounds that she was not genuinely seeking work and accordingly she did not fulfil the condition of being available for work. She appealed against the disallowance and an oral hearing of her appeal was arranged to take place on 21 October 1984. She did not, however, attend the hearing and in her absence an appeals officer disallowed her claim.

She continued to sign as unemployed and following the completion of further inquiries her unemployment assistance claim was disallowed for 6 weeks with effect from 24 October 1984 on the grounds that she was not available for work. She was advised of her right to appeal against the disallowance of her claim but she did not do so.

Her case was again reviewed from 5 December 1984 and following the completion of inquiries a deciding officer decided that she satisfied the condition of being available for work from that date. Her unemployment assistance claim was accordingly allowed but all unemployment assistance due to her for the period 5 December 1984 to 8 January 1985 had to be reimbursed to her local health board as she was in receipt of supplementary welfare allowance pending the outcome of her unemployment assistance claim during this period. She ceased to sign as unemployed after 8 January 1985.

418.

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

The person concerned was assessed with means of £39.30 weekly derived from the profit from his holding. He recently appealed against this decision and arising out of contentions made by him in support of his appeal his case was referred to a social welfare officer for further inquiries. When these inquiries are completed his case will be referred to an appeals officer for determination of his means. His rate of unemployment assistance will be reviewed in the light of the appeals officer's decision.

419.

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 failed to disclose his means and his unemployment assistance claim 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 of his claim and the case was returned to the school welfare officer to afford him a further opportunity to co-operate. The investigations were recently completed and a deciding officer revised a previous decision and assessed his means at £2 weekly derived from fishing. He is therefore entitled to unemployment assistance at the weekly rate of £27.95 being the appropriate rate payable £29.95 less means £2.

All arrears due to him have been paid and further payments are being made as they become due.

He has been advised that if he is dissatisfied with the decision of the deciding officer in the assessment of his means, it is open to him to appeal and to have his case determined by an appeals officer.

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