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Dáil Éireann debate -
Tuesday, 5 Mar 1985

Vol. 356 No. 7

Written Answers. - Social Welfare Benefits.

574.

asked the Minister for Social Welfare when a complete refund of arrears of disability benefit will be made to a person (details supplied) in County Cork, as he was £1.35 short in his payments for almost one year due to an error in his Department.

The shortfall arose from the fact that, in the 1982-83 income tax year, the person in question has only 47 contributions (33 paid and 14 credited). In order to have qualified for payment at the full rate, he would have required one more contribution paid or credited. If he had any additional contributions in this year, he should forward evidence to this effect and the position will be reviewed.

575.

asked the Minisster for Social Welfare if he will expedite an appeal for unemployment assistance on behalf of a person (details supplied) in County Cork.

The person concerned applied for unemployment assistance on 26 October 1984 and following investigation a deciding officer assessed her means at £22.10 per week derived from the value of board and lodgings on her father's holding. This entitled her to payment of £7.85 weekly the appropriate rate £29.95 less means of £22.10. She appealed against this decision on the 23 January 1985 and following further inquiries the deciding officer revised her means to £17.65. She is currently in receipt of unemployment assistance at the new rate of £12.30 weekly and payment of arrears amounting to £84.24 were made last week. She has been informed that if she is dissatisfied with the amount of means assessed against her it is open to her to appeal against this revised decision. A form on which to appeal may be obtained from her local office.

576.

asked the Minister for Social Welfare if he will expedite a decision on the claim for unemployment assistance made in January 1985 by a person (details supplied) in County Cork.

The person concerned applied for unemployment assistance on 11 January 1984 and his means were assessed at £32.91 weekly which exceeded the rate payable to him. His means were derived from the profit from his holding and from the value of capital. He appealed against this decision and his case was referred to an appeals officer for determination. The appeals officer also assessed his means at £32.91. Accordingly, his claim continues to be disallowed. He was informed of this decision. He completed a supplementary claim on 26 February 1985 and his case has been referred to a social welfare officer for reinvestigation of his means. When these inquiries are completed his entitlement to unemployment assistance will be reviewed.

577.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway has been refused unemployment assistance.

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

He recently appealed against this decision and in the light 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 have been completed his case will be referred to an appeals officer for determination of his means and his entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

578.

asked the Minister for Social Welfare if an invalidity pension will be granted to a person (details supplied) in County Donegal.

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 dealy.

579.

asked the Minister for Social Welfare if he will expedite an appeal for a non-contributory old age pension on behalf of a person (details supplied) in County Cork.

It has been decided that the person concerned is entitled to an old age pension at the weekly rate of £20.50 from 28 November 1984 which includes a living alone allowance of £3.20. This is the rate of pension to which she is entitled having regard to the assessment of her means, consisting of the weekly value of capital and income from her family. The person concerned appealed against this decision on 4 February 1985 and her appeal has been submitted to an appeals officer for determination. The appeal will be decided as soon as possible and the claimant will be notified of the outcome without delay.

580.

asked the Minister for Social Welfare if he will expedite a claim for a non-contributory old age pension on behalf of a person (details supplied) in County Cork as it is almost two years since he made his application.

Following investigation of a claim to old age pension which was made in April 1984 it was decided that the person concerned is not entitled to pension on the grounds that his means were not fully disclosed. Details regarding a bank account were not provided to the social welfare officer despite three written requests for same. If the person concerned is now prepared to make a full disclosure of his means, he should notify the Department to that effect and his case will be reinvestigated.

581.

asked the Minister for Social Welfare if he will expedite a claim for unemployment benefit on behalf of a person (details supplied) in County Cork.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for, capable of and genuinely seeking work. The person concerned claimed unemployment benefit from 23 January 1985 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 £37.25 and £18.63 pay-related benefit weekly the appropriate rate in her case. Further weekly payments will be made as they become due.

582.

asked the Minister for Social Welfare in view of the fact that two persons (details supplied) in County Cork are both old age pensioners and living in a remote area, if he will consider granting them a free telephone rental allowance.

In order to qualify for a free telephone rental allowance a person in receipt of one of the required payments, 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 husband in this case is in receipt of a required payment and he applied for the allowance on 27 September 1984. However, from the information furnished his wife is not permanently incapacitated as required by the scheme and his application was therefore disallowed on 31 October 1984. He was notified to this effect on 8 November 1984.

583.

asked the Minister for Social Welfare the reason unemployment assistance at the reduced rate of £32 and £1.30 was paid to a person (details supplied) in County Cork when he was claiming assistance from 1 April 1984 to 20 August 1984; and when arrears due will be paid to him as he is a married man with two children.

The person concerned was an applicant for unemployment assistance from 2 April 1984 to 28 August 1984. He was assessed with means at £16.50 weekly derived from the profit from his shop and from self-employment. His means were reviewed and following an investigation by a social welfare officer the assessment of his means was increased to £53.10 weekly with effect from 15 August 1984. He appealed against the assessment of his means and an appeals officer reduced the amount of means assessed against him to £19.50 with effect from 15 August 1984.

During the period of his unemployment assistance claim he had only one qualified child. He was, however, overpaid unemployment assistance during the period 2 April 1984 to 3 July 1984 in respect of a child who had already attained the age of 18 years. The amount overpaid to him was recovered by deductions of £5 weekly from the weekly rate of unemployment assistance payable to him. Accordingly, he was paid unemployment assistance from 4 July 1984 at £37.90 weekly being the appropriate rate £59.40 less means £16.50 in addition to a weekly deduction of £5 towards recovery of the overpayment. From 15 August 1984 he was paid at £1.30 weekly being the appropriate rate £59.40 less means £53.10 and £5 deduction against the overpayment. Following the assessment of his means being reduced to £19.50 weekly by the appeals officer the amount of arrears of unemployment assistance due was withheld against the balance of the overpayment of unemployment assistance due to be recovered from him. He ceased to sign as unemployed after 28 August 1984.

584.

asked the Minister for Social Welfare the present position regarding the application of a person (details supplied) in County Offaly for a non-contributory old age pension.

The old age pension claim of the person concerned is partially investigated. The social welfare officer is still awaiting a copy of a deed of transfer of a holding which has not yet come to hand. When this document becomes available the matter will be referred to a deciding officer for decision. The pensioner will be notified of the outcome in due course.

585.

asked the Minister for Social Welfare the reason a person (details supplied) in County Offaly who is signing at Birr labour exchange is only getting £9.95 per week unemployment assistance.

The person concerned is at present in receipt of unemployment; assistance at £9.95 weekly the appropriate rate £29.95 less means of £20. His means are derived from the benefit of board and lodgings on his brother's holding. If he considers that his circumstances have changed it is open to him to apply to have his means reinvestigated. A form for this purpose may be obtained from his local office.

586.

asked the Minister for Social Welfare if he will arrange to pay arrears of an old age pension in respect of a deceased person to a person (details supplied) in County Offaly.

The pensioner concerned died on 20 December 1984. Her old age contributory pension book and her supplementary book for a living alone allowance were returned to the Department by the local postmistress on 4 January 1985. A form of application for payment of the pension and living alone allowance not collected prior to the death of the pensioner was sent to her daughter for completion and was returned to the Department on 25 January 1985. The amount involved will be issued by payable order in the next few days.

587.

asked the Minister for Social Welfare the reason disability benefit is not being paid to a person (details supplied) in County Offaly.

The person concerned claimed disability benefit from 24 October 1983 and was paid to 24 January 1985. He did not attend for examination by a medical referee of the Department on 8 January 1985 and as a result payment of benefit was disallowed for the statutory period of six weeks from 25 January to 7 March 1985.

The claimant's explanation has not been accepted as showing good cause for his non-attendance for examination. Arrangements are now being made to have him examined by a medical referee at the earliest possible date and his claim to benefit will be reviewed in the light of the medical referee's report.

588.

Mr. Cowen

asked the Minister for Social Welfare when arrears of disability benefit will be paid to a person (details supplied) in County Offaly.

A cheque for £68.85 in respect of the period from 22 February 1980, fourth day of incapacity, to 24 March 1980, after which date he was certified fit to resume work, has now been issued to the person concerned.

589.

asked the Minister for Social Welfare the reason pay-related benefits have not been paid to a person (details supplied) in County Galway; if he is aware of this person's circumstances; if he will now direct his Department of pay full pay-related and unemployment benefits to this person immediately; and if he will make a statement on the matter.

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 a claimant.

The person concerned was paid flat rate unemployment benefit at £88.35 weekly from 2 July 1984 to 1 September 1984 after which he ceased to sign as unemployed. The 85 per cent limit applicable to him was calculated at £63.81 weekly and as the rate of flat rate unemployment benefit paid to him exceeded the amount he was not entitled to pay-related benefit during the period of his claim.

590.

Mr. Cowen

asked the Minister for Social Welfare the reason for the delay in paying the maximum rate of unemployment assistance to a person (details supplied) in County Offaly.

The person concerned is at present in receipt of unemployment assistance at £26.75 weekly the appropriate rate £31.75 less means £5. His means are derived from the value of board and lodgings on his uncle's holding. His case has been referred to a social welfare officer for reinvestigation of his means. The assessment of his means will be reviewed in the light of the social welfare officer's report and the rate of unemployment assistance payable to him will be determined accordingly.

591.

Mr. Cowen

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

The person concerned has been paid disability benefit at the maximum appropriate rate from 15 September 1984, the fourth day of incapacity, to 26 February 1985, the date of the latest medical certificate received. He is not entitled to pay-related benefit as the amount of disability benefit payable in his case exceeds 75 per cent of his average reckonable weekly, earnings in the 1982-83 income tax year which governs his entitlement to pay-related benefit.

592.

Mr. Cowen

asked the Minister for Social Welfare when pay-related 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 a claimant.

Inquiries had to be made to establish the amount of earnings of the person concerned in the current income tax period to ascertain whether he satisfied the 85 per cent limitation applicable to his case. These inquiries were recently completed following which his entitlement to pay-related benefit was determined at £14.41 weekly. All arrears due were paid on 12 February 1985. Combined weekly payment at £102.76 are continuing as they become due.

593.

Mr. Cowen

asked the Minister for Social Welfare the reason for the delay in paying unemployment benefit to a person (details supplied) in County Offaly; and when all moneys due will be paid to him.

The entitlement of the person concerned to unemployment benefit could not be determined until inquiries, to establish that he fulfilled the conditions of being unemployed in accordance with the provisions of the Social Welfare Acts, had been completed. These inquiries were recently completed and his claim was allowed at the weekly rate of £80.15. All arrears due were paid on 21 January 1985 and further weekly payments are being made as they become due.

594.

Mr. Cowen

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

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

595.

Mr. Cowen

asked the Minister for Social Welfare when disability benefit due to a person (details supplied) in County Offaly for four weeks who has forwarded medical certificates will be paid.

The person concerned claimed injury benefit in respect of an incapacity resulting from an occupational accident on 12 October 1984. Injury benefit was paid from the date of the accident and pay-related benefit from 3 November 1984, the nineteenth day of incapacity. Benefit was discontinued from 29 January 1985 after he was examined by a medical referee who expressed the opinion that he was not then incapable of work.

Following his appeal against the decision a further medical examination by a different medical referee has been arranged for next month. The claim will be reviewed in the light of the results of the examination. There is no trace of receipt of any claim for disablement benefit from him. The question has been accepted as such a claim and assessment of his disablement, if any, will also be dealt with at the further medical examination.

596.

Mr. Cowen

asked the Minister for Social Welfare when an unemployment assistance appeal case will be held for a person (details supplied) in County Offaly.

The person concerned is at present in receipt of unemployment assistance at £2.10 weekly being the appropriate rate £30.90 less means £28.80. His means are derived from his earnings as a self employed window cleaner. He appealed against the amount of means assessed against him and arising out of the 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 the case will be referred to an appeals officer for determination. His rate of unemployment assistance will be reviewed in the light of the appeals officer's decision.

597.

Mr. Cowen

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

The person concerned claimed disability benefit from 29 December 1984 and payment was authorised at the weekly rate of £61.40 the maximum rate appropriate to a married man. He was not entitled to pay-related benefit at the commencement of his claim as according to the records of the Department he did not have any reckonable earnings in 1982-83 the contribution year governing his claim.

It was later established that he had earnings of £7,057 in that year and therefore was entitled to pay-related benefit at the weekly rate of £24.54. All benefit payable in respect of his claim has been issued to 25 February 1985 the date of the latest medical certificate received.

598.

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

The person concerned claimed disability benefit from 29 December 1984. He was not entitled to benefit at the commencement of his claim as according to the records of the Department he had less than the minimum of 26 contributions paid or credited in 1982-83 the contribution year governing his claim.

From 7 January 1985 his claim was governed by the 1983-84 contribution year for which he has sufficient contributions registered to qualify for benefit at the maximum rate. However, as a result of an administative error, payment was not issued at that time. The error has now been rectified and all benefit payable, at the maximum rate appropriate to a single man, has been issued to 26 January 1985, after which date he was certified fit to resume work.

A form on which to claim an increase for adult and child dependants has been issued to the person concerned and, when this is returned, he will be paid for any qualified dependants.

599.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be approved for free electricity allowance on medical grounds.

The person concerned is receiving a widow's pension from the Department but as she has not reached 66 years of age a free electricity allowance cannot be granted in her case.

600.

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

The person concerned was awarded a family income supplement at the weekly rate of £7.75 from 6 September 1984 and received payment in respect of the period up to and including 20 February 1985. The book was returned to my Department as the recipient became unemployed and was thereby disqualified for receiving supplement. He should notify my Department if he resumes employment and when he does so the book will be returned to him without delay.

601.

Mr. Cowen

asked the Minister for Social Welfare if dental benefit will be paid to a person (details supplied) in County Offaly; if so, when; and if he is ineligible for payment the reasons for this ineligibility.

In order to qualify for dental benefit claimants must satisfy certain statutory contribution conditions one of which requires persons under 21 years of age to have had not less than 26 reckonable contributions paid since they first became insurably employed.

A claim to dental benefit was received from the person concerned on 20 June 1984. According to the records of the Department a total of 23 reckonable contributions only had been paid on his behalf and therefore his claim could not be approved.

On 26 June 1984 he was informed of the position and requested to submit details of any other employment he might have had. Further similar requests were issued to him on 23 August 1984 and 22 November 1984 but no reply has been received to date.

602.

Mr. Cowen

asked the Minister for Social Welfare when disability benefit payments will be made to a person (details supplied) in County Offaly.

The person concerned claimed disability benefit from 7 January 1985 to 16 February 1985 but was not qualified for payment as according to the records of the Department she did not have the required minimum of 26 paid contributions recorded since her entry into insurance.

Her employer has now confirmed that she had the necessary 26 contributions paid since her entry into insurance on 22 May 1984 and all disability benefit payable from 10 January 1985, the fourth day of incapacity, to 16 February 1985 has been issued to her.

603.

Mr. Cowen

asked the Minister for Social Welfare when pay-related benefit payments 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 was calculated at £31.06 and as her current rate of unemployment benefit £32.75 weekly, exceeds this amount no pay-related benefit is payable in her case. However it was recently ascertained that she had claimed maternity allowance under a different pay-related social insurance number and inquiries are being made to establish the amount of maternity allowance received by her which will be included in the calculation of the 85 per cent limit. Her entitlement to pay-related benefit with flat rate unemployment benefit will be reviewed in the light of the outcome.

604.

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

The person concerned claimed disability benefit from 17 December 1984. He was not entitled to benefit at the commencement of his claim as according to the records of the Department he had no contributions paid or credited in 1982-83 the contribution year governing his claim.

Following inquiries it was established that he had sufficient contributions credited in 1982-83 to qualify for benefit at the maximum rate appropriate to a married man with two dependent children. All benefit payable to 12 February 1985 the date of the latest medical certificate received, less the amount of supplementary welfare allowance advanced by the South Eastern Health Board, was issued to the person concerned on 28 February 1985.

605.

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

Payment of unemployment benefit at the maximum rate appropriate to a single person, £37.25 weekly, was awarded to the person with effect from 6 February 1985 and payments continue to be made to him at that rate. Inquiries are being made to establish his entitlement to pay-related benefit and the appropriate 85 per cent limit in his case. When these inquiries are completed, his entitlement to pay-related benefit with flat rate unemployment benefit will be determined.

606.

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

The person concerned has been in receipt of disability benefit from 7 February 1984. All benefit payable to 26 February 1985, the date of the latest medical certificate received has been issued. There had been an interruption in payment from 5 February 1985 while his continuing entitlement to benefit was being reviewed. It has now been established that the person continues to be entitled to benefit and all arrears of benefit due have been paid.

607.

Mr. Coughlan

asked the Minister for Social Welfare the present position regarding the application for a free electricity allowance and a television licence made by a pensioner (details supplied) in County Donegal.

An application for a free electricity allowance from the person concerned has been approved and the ESB have been instructed to apply the allowance to her electricity account from the February-March 1985 billing period onwards. The person concerned is also entitled to a free television licence which she may obtain on application at her local post office.

608.

asked the Minister for Social Welfare when a person (details supplied) in County Kerry will be called before a departmental medical referee in connection with his appeal against the decision not to pay him disability benefit particularly in view of the fact that he is in very poor health.

Payment of disability benefit to the person concerned was disallowed from 19 November 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 on 7 March 1985 by a different medical referee. His entitlement to further payment of disability benefit will be reviewed on receipt of the medical referee's report following this examination.

609.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is not being paid disability benefit at the maximum rate.

The person concerned is not being paid disability benefit at the maximum rate as she has only 47 credited contributions in 1983-84, the contribution year governing her claim from 7 January 1985. She would need to have 48 contributions to qualify for benefit at the maximum rate.

610.

asked the Minister for Social Welfare if he will review the case of a person (details supplied) in County Cork who applied for unemployment assistance.

The person concerned claimed unemployment assistance on 19 of November 1984 and his case was referred to a social welfare officer for investigation of his means. He refused to co-operate with the social welfare officer. A letter issued to him advising him that his unemployment assistance claim could not be determined unless he co-operated in the investigation of his means. He has not replied to date. If, however, he notifies his local office that he is prepared to co-operate in the investigation of his means his case will again be referred to a social welfare officer for inquiries. His means will be assessed in the light of the outcome and his entitlement to unemployment assistance will be determined accordingly.

611.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid the family income supplement.

The person concerned was awarded a family income supplement at the weekly rate of £11.25 from 14 February 1985. The appropriate order book was issued to the designated post office on 27 February 1985 and the claimant was notified accordingly on that date.

612.

asked the Minister for Social Welfare if he will consider legislation providing subsidisation to needy single parent families and lower income families and families in which both parents are forced to work due to economic constraints.

There is already a family income supplement scheme in existence which provides weekly cash support for low-earning families, whether single parent or not. There is a range of social assistance schemes for various categories of single parent families giving support for contingencies such as widowhood, desertion of unmarried motherhood, with payment rates determined according to individual need. In addition, the supplementary welfare allowance scheme provides income support in any case where a particular need arises. In view of the various schemes already available, there is considered to be no need at present for further legislation in this area, at least until the Commission on Social Welfare has finished its review of all aspects of social welfare and reported to me.

613.

asked the Minister for Social Welfare the steps which have been taken to publicise the EC Directive 79/7 and to keep women informed of their rights which are protected in the Directive.

Equal treatment in accordance with the terms of EC Directive 79/7/EC is being provided for in a Bill — the Social Welfare (Amendment) (No. 2) Bill, 1984—presented to Dáil Éireann on 13 December 1984. Changes in social welfare entitlements arising from this proposed legislation will be publicised when the Bill is enacted.

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