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Dáil Éireann debate -
Wednesday, 20 Feb 1985

Vol. 356 No. 2

Written Answers. - Social Welfare Benefits.

476.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork was recently refused free telephone rental allowance.

An application for a free telephone rental allowance was received from the person concerned on 14 November 1984. This scheme is confined to persons in receipt of certain payments and as she is not in receipt of a qualifying payment her application had to be disallowed. She has recently been notified to this effect. The delay in dealing with this case was due to increased pressure of work in the area concerned.

477.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork has been refused disability benefit on 4 February 1985 by his Department when her P60 form indicates that she earned £5,470.87 while in the employment of the Southern Health Board; and the reason his Department have indicated to her that no contributions were paid that year.

Maternity benefit is now in payment to the person concerned at the weekly rate of £75.58 on the basis of her earnings of £5,470.87 in the 1982-83 income tax year. These earnings were not on record at the time she made her claim and she was therefore requested to furnish her P60 income tax form. In the meantime, her claim was authorised for payment at the weekly rate of £64.88 which is the minimum rate payable under the maternity scheme for women in employment. As soon as her P60 form was received, the increased rate was authorised.

478.

asked the Minister for Social Welfare if he will expedite approval of a single woman's allowance for a person (details supplied) in County Roscommon.

The claim of the person concerned to a single woman's allowance was disallowed on the grounds that she failed to disclose details of her means. Her case was however returned to the social welfare officer to afford her a further opportunity of co-operating in the investigation of her claim. It is expected that the inquiries will be completed shortly after which her entitlement to single woman's allowance will be determined in the light of the means assessed against her.

479.

asked the Minister for Social Welfare when full disability benefit will be paid to a person (details supplied) in County Clare who is married with four dependent children.

The person concerned claimed disability benefit from 19 January 1985. He was paid from 23 January 1985, fourth day of incapacity, at £96.55 per week, the maximum rate payable to a married man with four dependent children.

All disability benefit payable to 2 February 1985, after which date he was certified as fit to resume work, has been issued. The claimant was not entitled to payment of pay-related benefit as his period of illness was of less than 19 days duration.

480.

asked the Minister for Social Welfare when he will pay arrears of social welfare benefit to a person (details supplied) in County Wexford.

The husband of the person concerned claimed a retirement pension on 5 October 1984 and this was awarded to him with effect from 4 October 1984, the Thursday following his 65th birthday. A retirement pension book containing orders payable from 10 January 1985 together with a supplementary book containing orders payable from the same date in respect of one qualified child, was issued to the designated post office on 3 January 1985 for collection by him and he was notified accordingly. Arrears of retirement pension payable from 4 October 1984 to 9 January 1985, less the amount of unemployment assistance paid to him in that period, were issued direct to him by payable order on 13 February 1985.

481.

asked the Minister for Social Welfare when he will pay an invalidity pension to a person (details supplied) in County Wexford.

The person concerned is being paid disability benefit at regular weekly intervals since 27 July 1981 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.

482.

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

The person concerned claimed a retirement pension on 23 January 1985 and has been awarded the pension at the rate appropriate to his yearly average of 39 contributions with effect from 20 December 1984, i.e. the Thursday following his 65th birthday. A retirement pension book containing orders payable from 24 January 1985 has been issued to the designated post office for collection by him and he has been notified accordingly. Arrears of retirement pension payable from 20 December 1984 to 23 January 1985 are being issued direct to him by payable order. Details of his Irish insurance record have been sent to the Department of Health and Social Security, Newcastle-upon-Tyne. That Department will examine his entitlement to a British retirement pension and will reply direct to him.

483.

asked the Minister for Social Welfare when he will pay invalidity pension to a person (details supplied) in County Wexford.

The person concerned has been in receipt of disability benefit since 11 July 1984 and payment is being made at regular weekly intervals.

Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. In order that a person may be considered permanently incapable of work, it is necessary for him to, inter alia, have been continuously incapable of work for a period of one year. Therefore the earliest date on which the claimant can qualify for invalidity pension is 11 July 1985.

484.

asked the Minister for Social Welfare, if in view of the very special circumstances of a person (details supplied) in Dublin 22, he will review the application with a view to granting him free fuel under the free fuel scheme.

According to the Eastern Health Board, which is responsible for the administration of the national fuel scheme in the Dublin area, there is no record of an application for a fuel allowance having been received from the person concerned.

The question may possibly refer to an application for assistance under the exceptional needs provision of the supplementary welfare allowances scheme towards payment of an electricity bill. It is understood that the wife of the person concerned received assistance for this purpose on a number of occasions and that her most recent application, received on 14 February 1985, is at present under consideration. The question of determining entitlement to payments under the supplementary welfare allowance scheme is statutorily a matter for the health board and it is not open to the Minister to grant an allowance in an individual case.

485.

asked the Minister for Social Welfare the reasons a deserted wife's allowance was withdrawn from a person (details supplied) in Dublin 24.

One of the conditions for the receipt of a deserted wife's payment is that a woman 40 years of age must have a qualified child residing with her. Payment of deserted wife's allowance to the person concerned was discontinued with effect from 9 August 1984 because it was held that the above condition was not satisfied in her case. She is not yet 40 years of age and her twin children having attained eighteen years of age on 3 August 1984 are no longer qualified children unless they are in full time education by day, in which case the allowance is payable up to twenty-one years of age. She was notified on 22 August 1984 that it was open to her to reapply for the allowance should either or both of the children be continuing in full time education. Failing this she was advised to reapply when she reached forty years of age. Nothing further has been heard from her since. She is currently in receipt of unemployment assistance from the Department. If her children are also unemployed it would be open to them to apply for such assistance.

486.

asked the Minister for Social Welfare the basis of the payments of benefit to a person (details supplied) in County Dublin; the weekly payments that were made to the person concerned since he was made redundant in May, 1984; the basis of calculation of each such payment; the variations that were made in his payment and the reason for any such variation, whether the benefit paid was affected in any way by reason of the fact that he has been laid off work for two weeks in March 1984, notwithstanding the fact that he received no benefit whatsoever in respect of that two week period; and if he will make a statement on the matter.

The person concerned claimed unemployment benefit from 28 March 1984 to 11 April 1984 but his claim was disallowed under the trade dispute provisions of the Social Welfare Acts. He claimed unemployment benefit again from 1 May 1984 and was paid flat rate unemployment benefit at the weekly rate of £90.15 increased to £96.55 by means of the budget increases with effect from 5 July 1984 and weekly payments of flat rate unemployment benefit at this rate continue to be made to him as they become due.

Certain difficulties arose in determining his entitlement to pay-related benefit. Entitlement to this benefit is subject to the condition that the total of flat rate benefit, pay-related benefit and incometax refunds may not exceed 85 per cent of the person's average net weekly earnings in the period before the period of interruption of employment began. Under the provision of the scheme, which links breaks in employment within 13 weeks of each other, this period of interruption of employment began on 28 March 1984 when the person first claimed benefit. The 85 per cent limit was initially incorrectly calculated at £118.21 by reference to the 1st May 1984 but was afterwards recalculated at £108.58 when the error was discovered. Evidence subsequently came to light of some additional earnings by the person concerned which enabled the 85 per cent limit to be readjusted upwards to £113.89. The person concerned is accordingly at present in receipt of a combined weekly payment of £113.89 representing flat rate unemployment benefit £96.55 and pay-related benefit £17.34.

487.

asked the Minister for Social Welfare the reason disability allowance is not being paid to a person (details supplied) in County Kilkenny; the reasons the allowance was withdrawn before Christmas 1984; and if he will make a statement on the matter.

Payment of disability benefit to the person concerned was disallowed from 15 December 1984 following examination by a medical referee of the Department who expressed the opinion that he was capable of work. He appealed against the disallowance and arrangements are being made to have him examined by a different medical referee on 14 March 1985. His entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

488.

asked the Minister for Social Welfare when a death grant will be paid to a person (details supplied) in County Carlow.

The claim for death grant in this case was received on 18 February 1985 and a cheque for £100 was issued to the person concerned on 20 February 1985.

489.

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

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions paid or credited in the governing contribution year. The person concerned claimed unemployment benefit from 21 January 1985 and according to the Department's records she did not satisfy the contribution condition during the governing contribution period 6 April 1983 to 5 April 1984.

Inquiries to ascertain her contribution record during this period were undertaken by a social welfare officer. The investigations were recently completed and her claim has been allowed at the rate of £37.25 weekly being the appropriate rate applicable to a single person. Arrangements have been made to pay all unemployment benefit arrears due to her this week and further payments will be made as they become due.

490.

asked the Minister for Social Welfare the reason it has taken so long to have the appeal of a person (details supplied) in County Carlow considered for the unmarried mother's allowance; if he will make the evidence through which this allowance was withdrawn in the first instance available; if he can substantially prove that this woman was in breach of the regulations governing the award of this allowance; arising from a new application in November 1984 the reason no decision has been made; and if he will make a statement in this case.

The appeals officer has decided to hold an oral hearing in this case. The date and place of the hearing will be arranged as soon as possible and the claimant will be notified. Because of the increased number of appeals under the various social welfare services some delay in arranging for hearings is unavoidable at present.

The conditions for unmarried mother's allowance provide that a claimant shall be disqualified for receiving an allowance if and so long as she and any person are cohabiting as man and wife. A deciding officer held that the claimant in this case was disqualified under this condition on foot of evidence from a local officer of the Department which indicated that she was cohabiting with another person as man and wife. This evidence will be considered by the appeals officer in the light of the statements and evidence of the claimant at the appeal hearing and the appeals officer will then make a decision on the case.

The claimant's solicitors were contacted on the question of whether their letter dated 27 November 1984 to the Department was to be taken as saying that cohabitation had ceased and that the claimant was re-applying at that stage or that cohabitation never existed and that the claimant was appealing against the earlier disallowance. The solicitor stated that his instructions were to appeal on the basis that there had never been any cohabitation. Accordingly the correspondence was not treated as a new claim on her behalf.

491.

Mr. Coughlan

asked the Minister for Social Welfare the reason for the delay in having a children's allowance book issued to a person (details supplied) in County Donegal whose application was submitted on 24 June 1984.

There is no record of receipt of a claim for children's allowance from the person concerned. In view of the Deputy's question the claimant is being contacted for further information and when her reply is received any necessary action will be taken without delay.

492.

asked the Minister for Social Welfare the reason for the delay in processing the application for a deserted wife's allowance made by a person (details supplied) in County Limerick; and when a decision will be made in this case.

One of the conditions for receipt of a deserted wife's payment is that a husband must have wilfully refused or neglected to contribute to the support and maintenance of his wife.

The husband of the person concerned has been contributing to her support since 1979 on foot of a court order. She was recently requested to contact the local district court clerk with a view to having a varying order summons served on her husband for increased maintenance contributions. Some difficulty arose here as she did not know where he was located but this information is now to hand and she has been requested to take the necessary action as regards obtaining increased maintenance from her husband. Her claim will be reviewed in the light of the outcome of these efforts. In the meantime she is in receipt of a supplementary welfare allowance payment in addition to her husband's maintenance payment.

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