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Dáil Éireann debate -
Tuesday, 26 Mar 1985

Vol. 357 No. 3

Written Answers. - Social Welfare Benefits.

553.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 1 was refused unemployment benefit as she is separated from her husband, is living alone and is clearly available for work.

Entitlement to unemployment benefit is subject to the condition that an applicant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit on 23 November 1984 and her claim was disallowed on the grounds that she was not available for work. She appealed against the disallowance and attended an oral hearing of her appeal on 28 February 1985. The appeals officer also decided that she was not available for work from 23 November 1984. She again claimed unemployment benefit from 8 March 1985. Following inquiries which established that she is now available for work her claim has been allowed. All arrears due were paid last week and further weekly payments will continue to be made as they become due.

554.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 1 has not received any entitlements in respect of her second child; and when she will receive them.

The person concerned has been asked to confirm the date of birth of her second child in support of her claim. She had previously supplied a birth and a baptismal certificate showing different dates of birth. When the position regarding the date of birth has been clarified, the person concerned will be awarded an increase in her allowance in respect of this child and any arrears of payment to which she is entitled will be sent to her.

555.

asked the Minister for Social Welfare when a non-contributory old age pension will be paid to a person (details supplied) in County Kerry as he applied in December 1984.

It was decided on 22 March 1985 that the person concerned is entitled to an old age pension at the weekly rate of £31.30. This is the rate to which he is entitled having regard to the assessment of his means consisting of the weekly value of a British pension. The appropriate pension book payable from 11 January 1985 issued on 25 March 1985.

556.

asked the Minister for Social Welfare if unemployment assistance payments will be increased for a person (details supplied) in County Wexford as he has appealed this case and was assessed to have an income which is that of his father.

The person concerned is at present in receipt of unemployment assistance of £45.35 weekly being the appropriate rate £72.25 less means £26.90. His means are derived from beneficial occupation of his father's holding. He has not appealed against the amount of means assessed against him. If he wishes to do so a form for this purpose may be obtained at his local office.

557.

asked the Minister for Social Welfare if the scope section of his Department will forward his contributions record to a person (details supplied) in County Wexford and advise him whether or not he is entitled to a pension or whether he should continue to claim for unemployment assistance in order to obtain sufficient credits to increase his pension entitlement.

The person concerned will qualify for retirement pension at the maximum rate when he reaches age 65 on 1 July 1985. Details of his insurance record have been sent to him together with a retirement pension claim form which he should complete and return to the Department as soon as possible.

558.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork was cut off disability benefit even though her husband delivered a doctor's letter to the medical referee explaining that she was too ill to attend the examination centre that day; and if he will restore her disability benefit immediately.

Payment of disability benefit to the person concerned was disallowed for the statutory period of six weeks from 19 February 1985 as she failed to attend for examination by a medical referee of the Department on 14 February 1985. Her explanation for failure to attend for examination has been accepted and payment of benefit was restored from 19 February 1985. All disability benefit payable to 15 March 1985, the date of the latest medical certificate received, has been issued to her.

559.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Cork as he applied over 2½ months ago, is on supplementary welfare allowance and has a wife and two children to support.

The person concerned claimed unemployment assistance and his case was referred to a social welfare officer for investigation of his means. These inquiries, which were extensive, were completed recently and he was assessed with nil means. He is accordingly entitled to £72.25 weekly the appropriate maximum rate payable to him. He was however in receipt of supplementary welfare allowance pending the outcome of his unemployment assistance claim and the amount which he received was recouped to his local health board from arrears of unemployment assistance due to him. The balance of the arrears due to him was paid last week and weekly payments of £72.25 will continue to be made as they become due.

560.

asked the Minister for Social Welfare when occupational injury benefit will be paid to a person (details supplied) in Dublin 5; and if he will make a statement on the matter.

The person concerned claimed injury benefit from 14 January 1985 in respect of an incapacity which he attributed to an alleged accident at work on that date. Pending completion of investigations arising from the accident his entitlement to disability benefit on an interim basis was examined. He failed however to satisfy the qualifying condition for disability benefit which requires the claimant to have at least twenty-six contributions paid since he entered insurance.

In reply to inquiries his employers indicated they were not satisfied that an occupational accident had occurred as alleged. The claim is being investigated further and a decision will be made as soon as possible. It is open to him to apply in the meantime to the community welfare officer for supplementary welfare allowance.

561.

asked the Minister for Social Welfare when an old age pension will be paid to a person (details supplied) in County Offaly.

It has been decided that the person concerned is not entitled to an old age pension on the ground that he does not fulfil the statutory condition as to means. His means, consisting of the weekly value of a holding exceed the statutory limit for entitlement to pension.

562.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork did not receive six weeks payment of her husband's non-contributory pension after he died which she feels is due to her.

A payable order in respect of the six weeks posthumous payment of pension from the period 7 December 1984 to 11 January 1985 was issued to the person concerned on 22 March 1985. The delay in dealing with this case is due to the fact that the deceased pensioner's old age pension book was not received in this Department and verification of the last order cashed had to be obtained from An Post. This information only came to hand on 21 March 1985.

563.

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

The arrears of retirement pension which would otherwise be payable to the person concerned are being withheld to partly offset an overpayment of unemployment assistance due to the Department.

564.

asked the Minister for Social Welfare if he will arrange to pay disability benefit to a person (details supplied) in County Cork.

Payment of disability benefit to the person concerned was disallowed from 5 January 1985 following examination by a medical referee who expressed the opinion that she was capable of work. She was notified of the decision to disallow payment and advised of her right to appeal. She has not indicated that she wishes to appeal, but as she has continued to furnish medical evidence of incapacity for work, arrangements are being made to have her examined by a different medical referee at an early date.

Her entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

565.

Mr. Coughlan

asked the Minister for Social Welfare if he is aware of the hardship being suffered by applicants for unemployment assistance who are refused payment on the grounds that they were previously self-employed and earnings in the previous year are assessed against them; if he considers it fair and reasonable to assume that because these people had an income in the previous year they will have a similar income in the current year; and if he will make a statement on the matter.

The means test for unemployment assistance is designed to ensure that all applicants for unemployment assistance are treated in an equitable manner having regard to the resources available to them. The assessment of means is conducted by a social welfare officer who visits the applicant and takes into account all relevant details in each individual case.

Under the legislation governing the scheme of unemployment assistance income in cash is one of the items which must be taken into account in assessing the means of an applicant. The income to be taken into account is the income which the person may reasonably expect to receive in the year succeeding his claim. It is sometimes necessary to estimate this by reference to income actually received during the previous year and the legislation provides that this may be done. This is only done however where income in the succeeding year cannot be otherwise determined. If an applicant is assessed with income in excess of what he actually earns subsequently, it is open to him to apply for a review of his means assessment at any time.

566.

asked the Minister for Social Welfare when he will renew a free electricity allowance for a person (details supplied) in County Wexford.

To be eligible for a free electricity allowance a person must either be living alone or be living with certain categories of persons only. A free electricity allowance cannot be granted to the person concerned as her husband resides with her who is not a person who comes within these categories for satisfying the living alone condition of the scheme.

567.

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

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish particulars of his means he failed to show that his means do not exceed the statutory limit. He appealed against the decision and his case was returned to the social welfare officer to afford him a further opportunity of disclosing his means. Following the completion of further inquiries a deciding officer assessed his means at £7.65 weekly derived from the profit from his holding. He is accordingly entitled to unemployment assistance at £79.10 weekly the appropriate rate £86.75 less means £7.65 effective from 18 November 1984. He was paid a current week last week and further payments will be made as these become due. He was in receipt of supplementary welfare allowance pending the outcome of his unemployment assistance claim. Consequently he cannot be paid any arrears until it is ascertained how much has to be reimbursed to his local health board.

568.

asked the Minister for Social Welfare if he will pay a prescribed relative's allowance to a person (details supplied) in County Wexford.

The person concerned is at present in receipt of an old age non-contributory pension at the weekly rate of £44.30 which includes an over 80 allowance. According to the records of this Department there has been no application for prescribed relative allowance received from the pensioner to date. In the circumstances, an application form which will enable the person concerned to claim the allowance has been issued and on its return to the Department the matter will be examined and decided on. The pensioner will be notified of the outcome in due course.

569.

asked the Minister for Social Welfare if he will pay invalidity benefit to a person (details supplied) in County Wexford whose doctor has stated categorically that he can never work again.

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 21 weeks of insurable employment and in the circumstances is not entitled to receive invalidity pension.

570.

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

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.

571.

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

The person concerned has been in receipt of unemployment assistance at the weekly rate of £51.70 since 2 December 1984. Further payments are being made as they become due.

572.

asked the Minister for Social Welfare when he will pay the maximum rate of unemployment benefit to a person (details supplied) in County Wexford.

Entitlement to continuous payment of unemployment benefit at the maximum rate after exhaustion of 156 days benefit is subject to the condition that a person has paid contributions in respect of not less than 280 contribution weeks in the period of seven complete contribution years immediately preceding the date of his claim.

The person concerned was in receipt of the maximum rate of flat-rate unemployment benefit to 26 January 1985 when he exhausted 156 days of benefit. He did not fulfil the contribution condition for continuous payment of unemployment benefit at the maximum rate and accordingly his weekly rate of unemployment benefit was reduced from £88.35 weekly to £76.50 weekly from 28 January 1985. Further payments of £76.50 weekly will continue to be made as they become due.

573.

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

The person concerned claimed unemployment benefit on 18 February 1985 and her claim has been allowed from that date at £32.75 weekly, being the appropriate rate payable in her case. All arrears due were paid last week and further weekly payments will be made as they become due.

574.

(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 and capital, exceeded the statutory limit. He has been informed accordingly and of his right to appeal and to have his means determined by an appeals officer.

575.

(Limerick West) asked the Minister for Social Welfare if he will grant an increase in the amount of unemployment assistance being paid to a person (details supplied) in County Limerick.

The person concerned is at present in receipt of £15.40 weekly the appropriate rate £29.95 less means £14.55. Her means are derived from the value of board and lodging in her parent's home. She did not appeal against the amount of means assessed against her and the time allowed for appeal has now expired. If she feels that her circumstances have changed it is open to her to request a review of her means. A form for this purpose may be obtained at her local office.

576.

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

The person concerned claimed occupational injury benefit from 7 January 1980 to 5 July 1980 after which date his claim became proper to disability benefit and payment was issued to 26 November 1983.

Payment was disallowed from 28 November 1983 following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and was examined by a different medical referee who also expressed the opinion that he was capable of work. His case was then referred to an appeals officer who upheld the decision to disallow payment of disability benefit from 28 November 1983 to 25 January 1985 the date of the latest medical certificate before him. The decision of the appeals officer is final and can only be altered in the light of new facts or fresh evidence.

577.

(Limerick West) asked the Minister for Social Welfare if he will grant an increase in a non-contributory old age pension to a person (details supplied) in County Limerick.

The person concerned is at present in receipt of an old age pension at the weekly rate of £14.30 which includes an over 80 allowance of £3. This is the rate of pension to which she is entitled having regard to the assessment of her means consisting of half the weekly value of profit from a holding and capital. If the pensioner feels that her circumstances have deteriorated since her last assessment, it is open to her to notify the Department to that effect and her case will be reinvestigated.

578.

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

It has been decided that the person concerned is entitled to an old age pension at the maximum weekly rate of £41.30 from 24 May 1985, date of her 66th birthday. The appropriate pension book will be issued shortly.

579.

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

There is no trace in the records of the Department of a claim for disability benefit having been received from the person concerned. However he is not entitled to payment of disability benefit or the award of credited contributions as according to the records of the Department he has no contributions paid or credited since 1971.

Regulations provide that where a claimant has no contributions paid or credited for two or more consecutive contribution years preceding his claim he cannot qualify for payment of disability benefit or the award of credited contributions in respect of periods of unemployment or incapacity for work until he has a further 26 weeks of insurable employment for which the appropriate contributions have been paid. The claimant has been advised to contact his local community welfare officer with a view to claiming supplementary welfare allowance of his means are insufficient to meet his needs.

580.

(Limerick West) asked the Minister for Social Welfare if he will approve a free telephone rental allowance for a person (details supplied) in County Limerick.

The person concerned was approved for a free telephone rental allowance with effect from 9 October 1984. She was notified to this effect on 5 February 1985. Telecom Éireann have been informed of the decision in this case and are arranging to apply the allowance to her telephone account.

581.

asked the Minister for Social Welfare if he will make provision for the payment of a full invalidity pension to a person (details supplied) in County Galway.

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 was paid disability benefit from 6 March 1972 to 15 September 1984 when payment of disability benefit was disallowed following an examination on 3 September 1984 by a medical referee who expressed the opinion that he was capable of work. He is, therefore, not qualified for the receipt of invalidity pension. However, as he has appealed this decision arrangements are being made to have him examined by a different medical referee on 10 April 1985. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

582.

asked the Minister for Social Welfare the present position with regard to an appeal made by a person (details supplied) in County Galway against the cancellation of his unemployment assistance.

The appeal of the person concerned against the disallowance of his unemployment assistance claim was submitted to an appeals officer and will be dealt with at the first available opportunity. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

583.

asked the Minister for Social Welfare when a full widow's pension will be paid to a person (details supplied) in County Wexford.

The person concerned was awarded a widow's non-contributory pension at the weekly rate of £16.50 with effect from 12 October 1984, the Friday following her husband's death. This is the rate of pension payable to a widow under 66 years of age with no qualified children and whose weekly means exceed £28 but do not exceed £30. Her means, derived from a farm holding, were assessed at £29.80 a week. The transfer of the family holding in 1981 to her son was not accepted for social welfare purposes as she is still in beneficial occupation of it.

She appealed against the decision and the case was returned to the local social welfare officer to reconsider the assessment of means in the light of the statement submitted by the widow's solicitor in support of her appeal. The officer confirmed the assessment. The case has recently been sent to an appeals officer for determination and the claimant will be notified of the appeals officer's decision as soon as it comes to hand.

584.

asked the Minister for Social Welfare when disability benefit in respect of the period from 11 April 1984 to June 1984 will be paid to a person (details supplied) in County Meath.

The person concerned claimed disability benefit from 16 April 1984 to 28 May 1984. Payment was not made because she did not have the required minimum of 26 contributions paid since entry into insurable employment. According to the records of the Department she has no contributions paid on her behalf. She has been asked to submit a statement from her employers showing the number of contributions paid on her behalf in the 1982-83 and 1983-84 years. Her claim will be reviewed on receipt of this information.

585.

asked the Minister for Social Welfare the reason for the refusal of an unmarried mother's allowance to a person (details supplied) in County Kilkenny; and if he will arrange to have her appeal processed at an early date.

One of the conditions for the receipt of a social assistance allowance by an unmarried mother is that the claimant and any other person must not be cohabiting as man and wife. On 15 November 1984 the deciding officer held that this condition was not satisfied by the person concerned and her entitlement to the allowance was terminated with effect from 10 May 1984.

Her appeal against this decision was referred to an appeals officer, who has decided to hold an oral hearing, and she will be informed of the date and place of the hearing as soon as it is arranged. Because of the increased number of appeals under the various social welfare services, however, some delay in arranging hearings is unavoidable at present. In the meantime the person concerned is receiving supplementary welfare allowance.

586.

asked the Minister for Social if he will give details of an increase in unemployment assistance granted to a person (details supplied) in County Galway who recently had his means reassessed.

The person concerned was in receipt of unemployment assistance at £9.40 weekly the appropriate rate £51.70 less means £42.30. Following reinvestigation of his claim his means derived from the profit from his holding and from the value of capital were reassessed at £22.50 weekly. He is accordingly now in receipt of £29.20 the appropriate rate £51.70 less means £22.50. It has recently come to light that he has not claimed for a son born on 18 October 1984. A form for this purpose has been posted to him and when he completes this all arrears due to him will be paid and he will then be entitled to unemployment assistance at £36.90 weekly the appropriate rate £59.40 less means £22.50.

587.

asked the Minister for Social Welfare when an oral appeal will be heard on the widow's pension claim of a person (details supplied) in County Clare.

The person concerned appealed on 8 March 1985 against the amount of means assessed in her case. The local social welfare officer has been asked for a report on her statement in support of her appeal. When the officer's report is received the case will be referred to an appeals officer for determination as soon as possible. The appeals officer will consider whether it is necessary to hold an oral hearing in the case.

588.

asked the Minister for Social Welfare when a person (details supplied) in County Clare will be paid unemployment benefit as he applied in November 1984.

According to the Department's records the person concerned did not satisfy the contribution conditions during the contribution period 6 April 1982 to 5 April 1983 which governed his entitlement to payment of unemployment benefit from 19 November 1984. However, he was paid unemployment assistance at a weekly rate of £29.95 being the appropriate rate payable in his case, for the period 19 November 1984 to 5 January 1985.

A new benefit year commenced on 7 January 1985 and as he satisfied the contribution conditions for receipt of unemployment benefit during the contribution period 6 April 1983 to 5 April 1984 payment of unemployment benefit at the appropriate weekly rate of £37.25 has been allowed. Weekly payments of unemployment benefit at this rate are being made as they become due.

589.

asked the Minister for Social Welfare when an oral appeal in respect of unemployment assistance for a person (details supplied) in County Clare will be held.

The person concerned is at present in receipt of unemployment assistance at £14.60 weekly being the appropriate rate payable to him £72.25 less means £57.65. His means are derived from the profit from his holding. He expressed dissatisfaction with the amount of means assessed against him. He was issued with an appeal application form at his local office and when he completes and returns it arrangements will be made to have his case submitted to an appeals officer.

590.

asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Clare will be given an oral hearing together with an analysis of the income and expenditure calculated in assessing his means.

Arising out of 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. The investigations have not yet been completed but when they are the case will be submitted to an appeals officer.

591.

asked the Minister for Social Welfare the reason for the delay in the payment of unemployment assistance to a person (details supplied) in County Cork who was transferred from unemployment benefit; and if he will have this matter dealt with.

An application form to enable the person concerned to apply for a qualification certificate before his title to unemployment benefit exhausted, appears to have gone astray in postal transit as the applicant stated that he did not receive it. Accordingly the investigations to enable his means to be assessed did not commence until after the date on which he exhausted his title to unemployment benefit and his entitlement to unemployment assistance could not be determined until his means had been assessed.

The investigations in the case were however recently completed and he was assessed with means at £12.90 weekly derived from the value of board and lodging on his father's holding and from capital. He is accordingly entitled to unemployment assistance at £17.05 weekly being the appropriate rate £29.95 less £12.90 and arrangements have been made to pay all arrears due this week. Further weekly payments will be made as they become due.

592.

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

The person concerned claimed unemployment benefit from 26 February 1985 and her claim was allowed at £32.75 weekly being the appropriate rate in her case. All arrears were paid last week. Further weekly payments will be made as they become due.

593.

asked the Minister for Social Welfare if a person (details supplied) in County Laois is in receipt of the correct rate of contributory old age pension.

The person concerned is in receipt of contributory old age pension at the maximum rate payable to a person aged 80 or over. He is also in receipt of a living alone allowance. His total weekly rate will be increased from £54.75 to £58.30 from 12 July 1985.

594.

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

The claim of the person concerned to a deserted wife's allowance is at present with a local officer of the Department for investigation. These investigations have been protracted because the claimant has not been available for interview at any of the four addresses supplied. Until she is interviewed at her residence her title to the allowance cannot be established. A further letter is now being issued to her at the address supplied by the Deputy.

595.

asked the Minister for Social Welfare the reason for the delay in granting a non-contributory old age pension to a person (details supplied) in County Cork; and if it will be granted to him at an early date.

It has been decided that the person concerned is not entitled to an old age pension on the grounds that his means were not fully disclosed. An appeal against this decision was referred to an appeals officer who requested further information before giving his decision. When these inquiries have been completed the matter will be re-submitted to an appeals officer for determination and the person concerned will be notified of the outcome as soon as possible.

596.

asked the Minister for Social Welfare the reason social assistance was disallowed to a person (details supplied) in County Dublin while she was on a course; and if payment will now be made in respect of that period.

Entitlement to unemployment benefit is subject to the condition that a claimant must be fully available for work and must be genuinely seeking work. The unemployment benefit claim of the person concerned was disallowed from 21 January 1985 on the grounds that she was not fully available for work from that date. She has appealed against the disallowance and 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 of the appeals officer.

597.

asked the Minister for Social Welfare the reason a pension at the maximum rate is not being paid to a person (details supplied) in County Meath as he has given full details to the Department that he has no other income.

It has been decided by an appeals officer that the person concerned is entitled to old age pension at the weekly rate of £35.30 from 11 December 1984, the date of transfer of a business and part of a holding. This is the rate of pension to which he is entitled having regard to the assessment of his means, consisting of half the weekly value of capital and half the weekly value of part of a holding the transfer of which has not been accepted for pension purposes.

598.

(Limerick West) asked the Minister for Social Welfare the reason payments of unemployment benefit to a person (details supplied) in County Limerick are irregular.

The person concerned is a postal claimant for unemployment benefit from 24 December 1984 and is paid at weekly intervals by means of a payable order cashable at his local post office. However, he reported the non-receipt of the payable order for the week ending 12 March 1985 and consequently a duplicate order representing the amount due was issued to him last week. Further weekly payments will continue to be made as they become due.

599.

(Limerick West) asked the Minister for Social Welfare the reason payment of unemployment benefit to a person (details supplied) in County Limerick are irregular.

The person concerned is a postal claimant for unemployment benefit from 10 January 1985 and is paid at weekly intervals by means of a payable order cashable at her local post office. She reported the non-receipt of the payable order for the week ending 12 March 1985 and consequently a duplicate order representing the amount due was issued to her last week. Further weekly payments will be made as they become due

600.

(Limerick West) asked the Minister for Social Welfare when an increase in widow's pension will be granted to a person (details supplied) in County Limerick.

The person concerned has been awarded in increase of £11.60 in her widow's non-contributory pension in respect of an additional qualified child from 11 January 1985, the Friday following her application. A pension order book payable at the higher rate of £97.45 will be sent to the designated post office for payment on 5 April 1985, and she has been notified accordingly. In the meantime, she may continue to cash her present pension book which contains orders up to 29 March 1985. Arrears for the period 11 January to 4 April 1985 will be sent to her shortly by means of a payable order.

601.

(Limerick West) asked the Minister for Social Welfare when a non-contributory old age pension will be paid to a person (details supplied) in County Limerick.

The old age pension claim of the person concerned is partially investigated. The social welfare officer is still awaiting details regarding the disposal of capital. It is expected that the social welfare officer will complete his report shortly and the claim will be forwarded to a deciding officer for decision. The person concerned will be notified of the outcome in due course.

602.

(Limerick West) asked the Minister for Social Welfare when the appeal in respect of disability benefit will be heard for a person (details supplied) in County Limerick.

Payment of invalidity pension to the person concerned was disallowed from 6 September 1984, following examination by a medical referee who considered him to be capable of work. He appealed against the disallowance and he was examined on 21 September 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.

603.

asked the Minister for Social Welfare the basis on which it was decided that a person (details supplied) in County Louth was unavailable for employment.

Entitlement to unemployment benefit 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 employment. The unemployment benefit claim of the person concerned was disallowed from 26 April 1984 on the grounds that by reason of not genuinely seeking work she was not available for work. She appealed against the disallowance and following an oral hearing of her case on 15 August 1984 an appeals officer also decided that she was not available for employment. She has not signed as unemployed since 15 August 1984.

604.

asked the Minister for Social Welfare the reason a person (details supplied) in County Monaghan has not received disability benefit.

The person concerned claimed disability benefit from 12 February 1985. He is not entitled to payment of disability benefit as according to the records of the Department he has less than the minimum of 26 contributions paid or credited in 1983-84 the contribution year governing his claim. He has eight credited contributions only. Mr. McKenna was requested on 25 February 1985 and 20 March 1985 to submit any additional details regarding his insurance record which he may have, and when this information is received his claim will be urgently reviewed.

605.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork was paid his disability benefit on such an irregular basis; the dates of payment over the past four months; and if he will make a statement on the matter.

The person concerned is in receipt of disability benefit since 13 February 1984. All benefit payable to 19 March 1985 the date of the latest medical certificate received has been issued. There was a delay due to an administrative error in issuing payments for the period from 6 February 1985 to 5 March 1985. The error has since been rectified and payments are issued on receipt in the Department of medical certificates of incapacity.

Payments were issued as follows from 1 November 1984.

Date of Payment

Period of Payment

2 November 1984

24 October 1984 to 30 October

8 November 1984

31 October 1984 to 6 November 1984

15 November 1984

7 November 1984 to 13 November 1984

22 November 1984

14 November 1984 to 20 November 1984

29 November 1984

21 November 1984 to 27 November 1984

6 December 1984

28 November 1984 to 4 December 1984

13 December 1984

5 December 1984 to 11 December 1984

17 December 1984

12 December 1984 to 18 December 1984

21 December 1984

19 December 1984 to 25 December 1984

7 January 1985

26 December 1984 to 1 January 1985

10 January 1985

2 January 1985 to 8 January 1985

17 January 1985

9 January 1985 to 15 January 1985

24 January 1985

16 January 1985 to 22 January 1985

1 February 1985

23 January 1985 to 29 January 1985

7 February 1985

30 January 1985 to 5 February 1985

22 February 1985

6 February 1985 to 12 February 1985

26 February 1985

13 February 1985 to 19 February 1985

27 February 1985

6 February 1985 to 12 February 1985

7 March 1985

20 February 1985 to 26 February 1985

14 March 1985

27 February 1985 to 5 March 1985

15 March 1985

6 March 1985 to 12 March 1985

21 March 1985

13 March 1985 to 19 March 1985

606.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork who is signing on for unemployment benefit at Mallow exchange is not in receipt of pay-related benefit.

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 £60.64 and as the flat-rate unemployment benefit payable since 28 December 1984 is £80.15 per week pay-related benefit is not payable in this case.

607.

asked the Minister for Social Welfare the reason a reduced amount of non-contributory old age pension was paid to a person (details supplied) in County Kilkenny; and if he will reinvestigate the applicant's claim with a view to increasing the rate of pension as his means have since decreased.

The person concerned is at present in receipt of an old age non-contributory pension at the weekly rate of £41.05 which includes an adult dependant allowance in respect of his wife. This is the rate of pension to which he is entitled having regard the assessment of his means, consisting of half the weekly value of a holding and capital. In the light of the information provided, the Deputy's representations have been accepted as a claim for an increased old age pension on behalf of the person concerned. The case has been referred to the social welfare officer for investigation. When inquiries are completed a decision will be made and the pensioner will be notified of the outcome in due course.

608.

asked the Minister for Social Welfare the reason an old age pension was reduced in the case of a pensioner (details supplied) in County Roscommon.

An investigation of the old age pension entitlements of the person concerned revealed that there had been an increase in his means. Accordingly it was decided that he is entitled to a pension at the weekly rate of £15.30 from 1 February 1985. This is the rate appropriate to the latest assessment of his means consisting of the weekly value of capital and a holding. An application for an increase in pension was subsequently received from the person concerned stating that he no longer had any capital. In the circumstances the matter has been referred to the social welfare officer for reinvestigation. When his inquiries have been completed the matter will be decided on and the pensioner will be notivied of the outcome without delay.

609.

asked the Minister for Social Welfare the reason disability benefit has not been paid to a person (details supplied) in County Donegal from 11 January 1985 to 28 January 1985 despite the fact that doctor's certs were sent into his Department.

610.

asked the Minister for Social Welfare if unemployment benefit or assistance will be paid to a person (details supplied) in County Donegal as the person concerned was only notified on 28 January 1985 that he did not qualify for unemployment benefit as from 11 January 1985.

It is proposed to take Questions Nos. 609 and 610 together.

The person concerned was paid disability benefit from 14 January 1984, fourth day of incapacity, to 11 January 1985. Payment ceased at that date as he had less than the required minimum of 156 paid contributions to his credit since entry into insurance to entitle him to payment in excess of 52 weeks. According to the records of the Department, he has only 123 paid contributions. He was notified accordingly on 26 January 1985. In order to requalify for payment of disability benefit he would need a further 13 weeks of insurable employment for which contributions at the appropriate rate have been paid.

He claimed unemployment benefit from 1 February 1985 and his claim was allowed at the rate of £76.25 weekly. He was not entitled to unemployment benefit during the period before 1 February as one of the conditions for entitlement is that the claimant must be capable of work and he had submitted medical evidence showing that he was incapable of work during the period. He has accordingly been paid all unemployment benefit to which he is entitled and further weekly payments will continue to be made as they become due.

611.

asked the Minister for Social Welfare the cause of the delay in giving a decision on an appeal for an invalidity pension for a person (details supplied) in County Donegal which is under review since 20 September 1984; and if he will make a statement on the matter.

The person concerned appealed against the decision by the deciding officer to disallow invalidity pension and his case has been referred to an appeals officer who has decided to hold an oral hearing on his claim. The delay in hearing the appeal has been caused by an increase in the number of appeals, and everything possible is being done to relieve the situation.

612.

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

Arising from contentions made by the person concerned in support of his appeal against the amount of means assessed against him his case has been 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, and the rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer. In the meantime payment of unemployment assistance at £12.60 weekly being the appropriate rate £31.75 less £19.15 means continues to be made to him.

613.

asked the Minister for Social Welfare when he will pay unemployment benefit to a person (details supplied) in County Wexford who has provided evidence of having sought employment without success.

Entitlement to unemployment benefit 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 employment. Following the completion of inquiries the unemployment benefit claim of the person concerned was disallowed from 7 January 1985 on the grounds that by reason of not genuinely seeking work she was not available for work from that date. She was advised of her right of appeal on 11 February 1985 and to date she has not done so.

614.

asked the Minister for Social Welfare if he will expedite an appeal on behalf of a person (details supplied) in County Cork against the decision to reduce her widow's pension from £31.50 to £11.30 per week.

The widow's non-contributory pension which is in payment of the person concerned was recently reviewed to take account of increases in her British pension since the previous assessment of her means. This review resulted in a reduction in the Irish pension from £23.30 a week to £11.30 a week with effect from 8 February 1985. This is the rate of pension payable to a widow over 66 years and under 80 years with no qualified children whose weekly means exceed £34 but do not exceed £36. The claimant's means, derived from a British pension, were assessed at £36 a week. She appealed against this decision and her case has been submitted to an appeals officer for determination and will be dealt with at the earliest possible opportunity. When a decision is available she will be notified without delay.

615.

asked the Minister for Social Welfare the reasons a person (details supplied) in County Offaly has not been called before a medical referee as he has been waiting for a considerable time.

The person concerned claimed disability benefit from 24 October 1983 and was paid to 24 January 1985. He was called for examination by a medical referee on 8 January 1985 but failed to attend and as a result payment of benefit was disallowed for the statutory period of six weeks from 25 January 1985 to 7 March 1985.

The claimant's explanation was not accepted as showing good cause for his non-attendance for examination. Arrangements have now been made to have him examined by a medical referee on 26 March and his claim to benefit will be reviewed in the light of the medical referee's report.

616.

asked the Minister for Social Welfare when a free telephone rental allowance will be granted to a person (details supplied) in County Kerry as he has already been granted a free electricity allowance.

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 in receipt of a qualifying pension and resides with his wife and their 12 year old daughter. The medical evidence furnished in respect of his wife is insufficient to enable a decision to be given in his case and he was therefore requested on 14 March 1985 to furnish a more comprehensive medical certificate in respect of her. On receipt of the appropriate medical evidence in the Department, an early decision will be given and the applicant will be notified of the outcome.

617.

asked the Minister for Social Welfare when arrears of unemployment assistance as from June 1985 will be paid to a person (details supplied) in County Cork who was granted unemployment assistance recently.

Availability for work is a condition of entitlement to unemployment benefit and to fulfil this condition an applicant must be capable of, available for and genuinely seeking work.

The person concerned claimed unemployment benefit from 14 May 1984 to 13 November 1984 and his claim was disallowed on the grounds that he was not available for work. He appealed against the disallowance and he attended an oral hearing of his case on 8 November 1984. An appeals officer also decided that he was not available for employment. He was notified of this decision on 15 November 1984. He again claimed unemployment benefit on 12 February 1985 and this claim has been allowed at the appropriate weekly rate of £37.25 as he satisfied the required conditions for receipt of unemployment benefit from that date.

618.

asked the Minister for Social Welfare the up-to-date position regarding the 16 week delay in deciding the application of a person (details supplied) in County Kerry for unemployment assistance.

The person concerned claimed unemployment assistance on 27 November 1984 and his case was referred to a social welfare officer for investigation of his means. When these inquiries, which were extensive, were completed, his case was submitted to a deciding officer. He has now been assessed with means of £20.65 weekly derived from self-employment as a builder and from the profit of a half share in a holding. He is accordingly entitled to unemployment assistance at £9.30 weekly the appropriate rate £29.95 less means £20.65. All arrears due to him will be paid this week and weekly payments of £9.30 will continue to be made as they become due.

619.

asked the Minister for Social Welfare when a non-contributory old age pension will be paid to a person (details supplied) in County Cork.

A repeat application of the person concerned to old age non-contributory pension has been partially investigated by the social welfare officer. Details regarding the claimant's bank accounts and the sale of a site have been requested and when these are received, the claim will be referred to a deciding officer for decision. The claimant will be notified of the outcome in due course.

620.

asked the Minister for Social Welfare when disability benefit will be restored to a person (details supplied) in County Cork as he is presently in hospital.

Payment of disability benefit to the person concerned was disallowed from 26 November 1984, following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and he was examined on 18 December 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 when the arrangements have been made. There is no trace of hospital certificates having been received from the claimant. He has been advised to forward medical evidence of the period of hospitalisation and his claim will then be reviewed.

621.

asked the Minister for Social Welfare when a family income supplement will be paid to a person (details supplied) in County Kilkenny; and the reason for the delay.

The person concerned was awarded a family income supplement at the weekly rate of £9.75 from 6 September 1984 and the order book was issued to the designated post office on 17 January 1985. As it appears that the claimant did not receive the formal notification in the matter, a further notification has now been issued to him.

622.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Carlow as he applied in October 1984.

The entitlement to unemployment assistance is subject to the condition that an applicant must be available for and genuinely seeking but unable to obtain work. The person concerned claimed unemployment assistance on 11 December 1984. Following inquiries her claim was disallowed for a period of 6 weeks from 11 December 1984 and a further period of 6 weeks from 16 January 1985 on the grounds that she was not genuinely seeking work.

She appealed against the disallowance and attended an oral hearing of her appeal on 21 March 1985. The appeals officer also decided that she was not genuinely seeking work during the periods in question. She continues to sign as unemployed and inquiries are being made to establish whether she satisfies the condition of being available for work from 27 February 1985. Her entitlement to unemployment assistance from that date will be determined in the light of the outcome of the investigations

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