asked the Minister for Health the reason a person (details supplied) in County Tipperary has had his disabled persons maintenance allowance reduced from £39 per week to £30 per week as it was alleged that he was working; if his Department will re-investigate the matter; if his original payment of £39 will be repaid in the future; when proper payment will be resumed; and if retrospective payments will be paid.
Written Answers. - Social Welfare Benefits.
587.
The South Eastern Health Board has information that the person in question is working locally. As the disabled person's maintenance allowance is only payable to persons who are incapable of undertaking work, payment of the allowance has been terminated in this case. The person in question is however being paid the maximum supplementary welfare allowance of £30 per week.
588.
asked the Minister for Social Welfare if an overpayment of social welfare benefit was made to a person (details supplied) in County Offaly; and, if so, the amount of repayment due from the person concerned.
Payment of disability benefit to the person concerned was disallowed from 1 October 1984 following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and was examined by a different medical referee who found him to be incapable of work from that date. Accordingly payment of benefit was restored from 1 October 1984 and all benefit payable, less the amount of supplementary welfare allowance advanced by the Midland Health Board, has been issued to him. He also claimed £111.15 unemployment assistance for the period 2 October to 25 October 1984 and this amount will now be recovered by weekly deductions of £3 from his current entitlement.
589.
asked the Minister for Social Welfare when occupational injuries benefit will be paid to a person (details supplied) in County Wexford as all details were forwarded in December 1984 and he is still awaiting a decision.
The person concerned claimed injury benefit from 11 February 1984 in respect of chronic obstructive airways disease which he attributed to the nature of his employment. The disease is not, however, a prescribed disease under the occupational injuries scheme and the claim to injury benefit was disallowed on 11 May 1984. The claimant appealed against the decision and the appeal was rejected by an appeals officer on 23 July 1984.
Further medical evidence was subsequently received and further protracted inquiries were made into the case. As a result, arrangements have now been made to have the person examined by a specialist and the case will be reviewed in the light of the results of the examination. The claimant is in receipt of disability benefit in the meantime in respect of the claim.
590.
asked the Minister for Social Welfare when a person (details supplied) in County Wexford will receive the one week and three days disability benefit he is owed from March 1985.
The person concerned has been paid all disability benefit payable to 26 April 1985, the date of the latest medical certificate received. He reported that he did not receive a cheque which was issued to him on 29 March 1985 in payment for the period from 20 to 26 March 1985. A form of indemnity has been sent to the claimant and when the completed form is received in the Department, the question of issuing a replacement cheque can be pursued.
591.
asked the Minister for Social Welfare the reason the maximum rate of unemployment assistance is not being paid to a person (details supplied) in County Wexford.
The means of the person concerned were assessed at £20 weekly derived from self-employment as a musician. He is accordingly in receipt of unemployment assistance at £66.75 weekly being the appropriate rate £86.75 less means £20. He recently appealed the means assessment and arrangements are being made to have his case referred to an appeals officer for determination. The rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer.
592.
asked the Minister for Social Welfare if the current rate of £12.68 widow's non-contributory pension being paid to a person (details supplied) in County Donegal is the correct amount; and if he will make a statement on the matter.
The person concerned was, by decision dated 10 August 1984, awarded a widow's non-contributory pension with effect from 1 January 1984 at various rates, depending on her means and number of qualified children, ranging from £15.40 to £30.25 per week. This latter rate was reduced to £12.65 from 22 November 1984 when one of her children reached eighteen years of age.
She appealed against these rates of pension and as a result of an appeals officer's recent decision reducing her means assessment she was awarded pension at various increased rates with effect from 27 March 1984. Her current rate is £46.65 a week. This is the rate payable to a widow under 66 years of age with two qualified children whose weekly means exceed £20 but do not exceed £22. Her means, derived from a farm holding, are currently assessed at £21.46 a week. A pension book with orders payable from 26 April 1985 was sent to the designated post office on 22 April for collection by her and she was notified accordingly. Arrears for the period from 27 March 1984 to 25 April 1985 will be sent direct to her shortly by payable order.
593.
asked the Minister for Social Welfare the reason a person (details supplied) in County Clare is only being paid the single rate of unemployment benefit despite her husband being a fulltime third level student at NIHE, Limerick.
An increase in the rate of unemployment benefit payable to a married woman for her husband as a dependent is only payable where her husband is incapable of self-support by reason of some physical or mental infirmity and who is being wholly or mainly maintained by his wife. The claim of the person concerned for an increase in the rate of unemployment benefit payable to her in respect of her husband as a dependant was disallowed on the grounds that her husband was not her dependant in accordance with the provisions of the Social Welfare Acts. If she is dissatisfied with the decision in her case it is open to her to appeal and to have the matter determined by an appeals officer.
594.
asked the Minister for Social Welfare when pay-related benefit will be paid to a person (details supplied) in County Louth.
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 applic- able to the person concerned was £36.42 and as the flat rate unemployment benefit payable since 25 March 1985 was £37.25 per week pay-related benefit is not payable in his case.
595.
asked the Minister for Social Welfare when pay-related benefit will be paid to a person (details supplied) in County Louth.
The person concerned claimed disability benefit from 28 November 1984 and all benefit payable has been issued to 20 April 1985 the date of the latest medical certificate received. She is not entitled to pay-related benefit as the amount of disability benefit payable in her case exceeds 75 per cent of her average reckonable weekly earnings in the 1982-83 tax year which governs her claim.
596.
asked the Minister for Social Welfare the present position with regard to the application for a free telephone rental allowance made by a person (details supplied) in County Tipperary.
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 application from the person concerned was rejected as his wife is not, from the information furnished, permanently incapacitated as required by the scheme. The applicant was notified to this effect on 3 January 1985.
597.
asked the Minister for Social Welfare the reason for the delay in processing the application for unemployment assistance made by a person (details supplied) in County Limerick; and when a decision will be arrived at in his case.
The unemployment assistance claim of the person concerned could not be determined until inquiries being made by the social welfare officer were completed. The social welfare officer investigating the case made a number of void calls to his home address before he succeeded in interviewing him. Following the completion of inquiries he was assessed with nil means and is accordingly entitled to unemployment assistance at £29.95 weekly, the appropriate maximum rate payable to him. All arrears due to him will be paid this week and weekly payments of £29.95 will continue to be made as they become due.
598.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be reconsidered for unemployment benefit payments in view of her recent appeal and the documentary evidence of her exhaustive efforts to find work.
Entitlement to unemployment benefit is subject to the condition that a claimant is available for work and to fulfil this condition a claimant must be capable of, available for and genuinely seeking employment. The unemployment benefit claim of the person concerned was disallowed on the grounds that by reason of not genuinely seeking work she was not available for employment. She appealed against the disallowance and arrangements are being made to have her case heard at the earliest opportunity. Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.
599.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be approved for deserted wife's benefit or allowance; and, if so, when.
The person concerned has been awarded deserted wife's benefit with effect from 22 November 1984. An order book payable from 2 May 1985 has been sent to the designated post office for collection by her and she has been notified accordingly. A payable order in respect of arrears for the period 22 November 1984 to 1 May 1985, less adjustment for disability benefit paid to her during that time, will be sent direct to her shortly.
600.
asked the Minister for Social Welfare if an elderly couple (details supplied) in County Wexford will be awarded a non-contributory old age pension in view of the fact that they have no income or assets.
The application for an old age pension is under investigation at present by the social welfare officer. He is still awaiting further information regarding a deed of transfer. It is expected that his inquiries will be completed shortly and the claim will be decided on as quickly as possible.
601
asked the Minister for Social Welfare if a person (details supplied) in County Wexford who is in receipt of unemployment benefit is entitled to pay-related benefit; if so, at what rate; and when it will be paid.
Entitlement to pay-related 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 earnings of the claimant. To enable the 85 per cent limit to be calculated, the person concerned has been asked to furnish details of her income between 6 April 1984 and 4 November 1984 and when she does so her entitlement to pay-related benefit with flat rate unemployment benefit will be determined accordingly.
602.
asked the Minister for Social Welfare if unemployment assistance payments will be reconsidered for a person (details supplied) in County Wexford in view of his recent appeal and the fact that he has no income of his own.
The person concerned was furnished with an appeal application form to enable him to appeal against the amount of means assessed against him for unemployment assistance purposes. He has not to-date returned the application form but when he does so his case will be forwarded 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.
603.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford who applied for a deserted wife's allowance will be approved for payment; and, if so, at what rate.
One of the conditions for receipt of a deserted wife's payment is that a claimant must make reasonable efforts within the means available to her to trace her husband and to prevail on him to contribute to her support and that of her children. The deciding officer held that this condition was not satisfied by the person concerned and has disallowed her claim. She has been notified to this effect and of her right to appeal if dissatisfied with it.
However, to qualify for a deserted wife's allowance a claimant must not have means exceeding a certain statutory limit, in this case £78 per week (for a wife and three children). The claimant was not prepared however to fully disclose her income from a shop and in these circumstances did not show that she met with this requirement. Neither she nor her husband had any employment record in this country and accordingly the question of entitlement under the insurance-based deserted wife's benefit scheme does not arise.
604.
asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Dublin in view of the fact that she is definitely available for work.
Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit from 22 February 1985 but following the completion of inquiries her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and her case has been referred to an appeals officer for determination. Her entitlement to unemployment benefit will be reviewed in the light of the appeals officer's decision.
605.
asked the Minister for Social Welfare the reason payment of disability benefit was discontinued by two medical referees in the case of a person (details supplied) in County Tipperary; who is awaiting an appeal as he suffers from advanced osteo-arthritis of his lumbar spine and also has severe hypertension and a duodenal ulcer and is on continuous medication; if he agrees that in the light of the medical evidence available these decisions are totally unacceptable; when his disability benefit will be restored to him; and if retrospective payments will be made to him.
Payment of disability benefit to the person concerned was disallowed from 4 February 1985, following examination by a medical referee who considered him to be capable of work. He appealed against the disallowance and he was examined on 15 March 1985 by a different medical referee who also considered him to be capable of work. His case has been referred to an appeals officer who has decided to hold an oral hearing of the case as soon as possible. He will be notified of the time and place of the hearing as soon as the arrangements have been made.
606.
asked the Minister for Social Welfare the reasons unemployment assistance has not been paid to a person (details supplied) in County Roscommon; if he will now direct his Department to pay this assistance immediately; the date on which all payments, including arrears, will be made; and if he will make a statement on the entire situation.
The unemployment assistance claim of the person concerned 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 the disallowance of his unemployment assistance claim and arrangements are being made to have his case referred to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.
607.
Mr. Cowen
asked the Minister for Social Welfare if he will review the decision to reduce unemployment assistance in the case of a person (details supplied) in County Offaly with a view to restoring his payment to £39 per week; and the basis of the decision to reduce payments.
The rate of unemployment benefit payable to an applicant is reduced after 156 days of benefit, if he does not satisfy the contribution condition of having 280 paid contributions in a seven year period. The person concerned, who is an applicant for unemployment benefit, did not satisfy the contribution condition of having 280 paid contributions in the seven year period, accordingly the rate of unemployment benefit payable to him was reduced from £37.25 weekly to £30.90 from the 157th day of his claim. He also entered the second phase of pay-related benefit and pay-related benefit was reduced from £2.04 weekly to £1.63. He is accordingly in receipt of the flat rate of unemployment benefit and pay-related benefit to which he is entitled and weekly payments of £32.53 continue to be made to him as these become due.
608.
Mr. Cowen
asked the Minister for Social Welfare when arrears of disability benefit will be paid to a person (details supplied) in County Offaly; and if he can change over to monthly certificates.
The person concerned claimed disability benefit from 23 November 1983. All benefit payable has been issued up to 4 May 1985. There are no arrears of disability benefit payable. Arrangements have been made to issue future payments on a regular weekly basis, while medical certificates are required at monthly intervals only.
609.
asked the Minister for Social Welfare the reason payment of disability benefit will be discontinued from 8 May 1985 in the case of a person (details supplied) in County Cork on the grounds that he has less than 156 contributions when he has been insurably employed all his life.
The person concerned claimed disability benefit from 7 May 1984 and has been paid to date. It has now been verified that he has 156 contributions paid on his behalf and benefit will continue to be issued on receipt of medical evidence of incapacity.
610.
asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is only in receipt of a reduced rate of contributory old age pension.
The person concerned is in receipt of a contributory old age pension at the rate of £48.25 per week. This is the maximum personal rate payable to a person under age 80.
611.
asked the Minister for Social Welfare the reason unemployment benefit is not being paid to a person (details supplied) in County Waterford; and if all PRSI and PAYE contributions were made in respect of his employment with a firm (details supplied).
The person concerned was a co-director in the company which employed him and the contributions paid in respect of his employment were appropriate to a contribution class which did not provide cover against unemployment. His unemployment benefit claim was accordingly disallowed but he is in receipt of unemployment assistance at £94.15 being the weekly rate applicable to him as a married man with six qualified children. He requested the Department to investigate the insurability of his employment and following inquiries being made in the matter a deciding officer decided that his employment was insurable in contribution class A1 which provides cover against unemployment. However his former employer has appealed against the decision of the deciding officer and arrangements are being made to have the case determined by an appeals officer. His entitlement to unemployment benefit will be reviewed in the light of the outcome of the decision of the appeals officer.
612.
asked the Minister for Social Welfare the level of payment being made to a person (details supplied) in County Kilkenny; the contribution year upon which that payment is based; the level of benefit being paid in the current year; and when her entitlement to benefit will cease.
The person concerned who is a married woman is not at present in receipt of benefit from this Department. She intermittently received unemployment benefit, disability benefit and maternity allowance between 19 February 1983 and 20 October 1984 and again received unemployment benefit from 22 October 1984. She exhausted her title to unemployment benefit on 20 February 1985 when she received 312 days benefit and she is at present signing as unemployed for credited contributions only. She will not requalify for unemployment benefit until she obtains a further 13 weeks of insurable employment, with contributions paid at the appropriate class, after 21 April 1984 being the date on which she received unemployment benefit for 156 days.
During the period of interruption of her employment in her claim, her entitlement to unemployment benefit was governed by her contribution record during the contribution period 6 April 1981 to 5 April 1982. She satisfied the conditions for the maximum rate of unemployment benefit payable to her being £27.80 weekly from 19 February 1983 increasing to £30.80 weekly from 30 June 1983 and £32.75 from 5 July 1984. During the periods she was in receipt of unemployment benefit she also received pay-related benefit at £8.44 weekly from 11 March 1983, £5.28 weekly from 4 April 1983 and £4.22 weekly from 24 April 1984.
613.
asked the Minister for Social Welfare the rate of widow's pension now being paid to a person (details supplied) in County Kilkenny.
The person concerned has been awarded a widow's contributory pension at the weekly rate of £56.25 with effect from 1 March 1985. This is the maximum rate of pension payable to a widow over 66 and under 80 years of age with one qualified child.
A pension book with orders payable from that date was issued to the designated post office on 13 March 1985 for collection by her and she was notified accordingly. This woman's late husband had been in receipt of an old age contributory pension at the rate of £94.20 a week, which included increases in respect of his wife and child, and payment of this pension was made to her for six weeks after his death on 14 January 1985, in place of widow's pension.
614.
asked the Minister for Social Welfare the rate of social welfare payments due to a person (details supplied) in County Kilkenny; and the basis upon which the present allowance is being computed.
The person concerned claimed disability benefit from 20 March 1984. Payment was issued at the weekly rate of £52.30, at that time the maximum rate for a man with two children, increased to £56 (that is £37.25 personal rate plus £18.75 in respect of two qualified children) from 5 July 1984 in line with budget increases.
There was an interruption in payment of benefit from 22 March 1985 to 22 April 1985 while the continuing entitlement of the person concerned to further benefit was being examined. It has now been established that he is entitled to continuing payment of benefit and all arrears, less the amount of supplementary welfare allowance advance for that period, have now been issued. Further payments will continue to be issued as medical certification is 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 tax year which governs his claim.
615.
asked the Minister for Social Welfare when a widow's pension book will be issued to a person (details supplied) in County Dublin.
The person concerned has been awarded a widow's contributory pension of £44.30 per week with effect from 19 April 1985. This is the maximum rate of pension payable to a widow over 66 years and under 80 years of age with no qualified children.
A pension book with orders payable from that date was issued to the designated post office on 30 April 1985 for collection by her and she was notified accordingly. The woman's late husband had been in receipt of an old age contributory pension of £87.55 a week which included an increase in respect of his wife and payment of this pension was made to her for six weeks after his death on 2 March 1985, in place of widow's pension.
616.
asked the Minister for Social Welfare the reason only a reduced rate of old age pension is being paid to a person (details supplied) in County Westmeath.
Following a routine investigation of the old age pension entitlements of the person concerned it was discovered that his means had increased since the date of his last assessment. Accordingly it was decided that he is only entitled to a pension at the weekly rate of £29.30 from 5 April 1985. The assessment of his means consisting of the weekly value of a holding entitle him to pension at this rate. An appeal has been lodged against the decision and the case has been referred to an appeals officer. The pensioner will be notified of the outcome in due course.
617.
asked the Minister for Social Welfare the reason only a reduced rate of old age pension is being paid to a person (details supplied) in County Westmeath.
The person concerned is in receipt of an old age pension of £17.30 a week. The assessment of his means which were reinvestigated in December last in connection with his application for an increase in pension, only entitle him to pension at this rate. He appealed against the decision on this application and an appeals officer decided that he was not entitled to a payment at a higher rate.