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Dáil Éireann debate -
Tuesday, 7 May 1985

Vol. 358 No. 1

Written Answers. - Social Welfare Benefits.

619.

asked the Minister for Social Welfare if unemployment assistance payments will be increased for a person (details supplied) in County Wexford in view of the fact that he has no other income and has a large number of dependents.

The person concerned is in receipt of unemployment assistance at £88.60 weekly being the appropriate rate £94 less means £5.40. His means are derived from his capital. He appealed against the amount of the means assessed against him and arising out of contentions made by him in support of his appeal his case was referred to the local 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.

620.

asked the Minister for Social Welfare the reason unemployment benefit has been discontinued in the case of a person (details supplied) in County Tipperary; when this will be restored; the amount that will be paid; and if retrospective payments will be made.

Payment of disability benefit to the person concerned was disallowed from 7 November 1984 following an examination by a medical referee who considered him to be capable of work. He appealed against the disallowance and he was examined on 14 January 1985, by a different medical referee who again considered him to be capable of work.

His case has been referred to an appeals officer who proposes 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.

621.

asked the Minister for Social Welfare if payments of a non-contributory pension will be increased for a person (details supplied) in County Wexford in view of the fact that she is on a very low income.

The person concerned was awarded a widow's non-contributory pension at the weekly rate of £6.50 with effect from 8 March 1985. This is the rate of pension payable to a widow under 66 years with no qualified children who has weekly means exceeding £38 but not exceeding £40. Her means, derived from a farm holding, were assessed at £38.46 a week.

She appealed against this decision on 26 April 1985 and the claim was referred to the local social welfare officer to review the assessment of means in the case in the light of the statement submitted by the widow in support of her appeal. When a report is received her claim will be referred to an appeals officer for determination and she will be notified of the outcome. The claimant's late husband had been in receipt of old age non-contributory pension at the maximum rate (based on his means, last assessed in 1975) which included an increase in respect of his wife and this pension was paid to her for six weeks after his death, on 19 January 1985, in place of widow's pension.

622.

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

The person concerned claimed disability benefit from 1 April 1985 and all benefit payable in respect of his claim has been issued to 29 April 1985 the date of the latest medical certificate received.

623.

asked the Minister for Social Welfare if he is aware that a person (details supplied) in County Limerick, presently indisposed due to an occupational injury is only in receipt of £88.35 disability benefit and £33.68 pay-related benefit when he should in fact be in receipt of occupational injury benefit of £102.35 per week plus pay-related benefit; and if he will have the position corrected with the appropriate retrospective adjustment.

The person concerned claimed injury benefit on 18 February 1985 in respect of an incapacity which he attributed to an occupational accident on 15 February. Pending the completion of investigations arising from the accident he was awarded disability benefit on an interim basis at £88.35 from 20 February 1985 and pay-related benefit at £33.68 from 9 March 1985.

Following confirmation of details of the accident, injury benefit was awarded from 16 February, the first day of incapacity, at the rate of £102.35 a week. The adjusted rate of pay-related benefit payable was £30.94 being the maximum amount payable to the limit of 75 per cent of his reckonable weekly earnings in the governing 1983-84 tax year. Benefit over and above the benefit already paid on an interim basis to 1 May 1985, after which he was certified fit to resume work, has been issued.

624.

(Limerick West) asked the Minister for Social Welfare when a decision will be made with regard to the application for unemployment assistance made by a person (details supplied) in County Limerick.

According to the Department's records the person concerned has been claiming unemployment assistance continuously since 1976 and he is at present in receipt of payments at the weekly rate of £72.35 being the appropriate rate £86.75 less £14.40 means. There is no record of receipt of an application to review the amount of means assessed against him but if he wishes to have his case reinvestigated it is open to him to complete an application form at his local office and his case will be reviewed.

625.

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

Payment of disability benefit to the person concerned was disallowed from 22 April 1985, following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and arrangements have been made to have him examined on 20 May 1985 by a different medical referee. His entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

626.

(Limerick West) asked the Minister for Social Welfare when a decision will be made with regard to the application for an invalidity pension by a person (details supplied) in County Limerick.

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 19 July 1983 to 20 April 1985 when payment was disallowed following an examination on 1 April 1985 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 20 May 1985. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

627.

Mr. Coughlan

asked the Minister for Social Welfare the reason a reduced rate of unemployment assistance is being paid to a person (details supplied) in County Donegal; whether the case is still under investigation; and, if so, when he expects a decision will be given.

The person concerned was assessed with means at £9.60 weekly derived from the profit from his holding and accordingly the rate of unemployment assistance payable to him is reduced to £62.65 weekly being the appropriate rate £72.25 less means £9.60. He appealed against the amount of means assessed against him and arising from contentions made by him in support of his appeal his case was referred to a social welfare officer for further inquiries. These inquiries were recently completed and the case has been submitted to an appeals officer who will deal with the matter at the earliest opportunity. His rate of unemployment assistance will be reviewed in the light of the decision of the appeals officer.

628.

asked the Minister for Social Welfare if a person (details supplied) in County Mayo is entitled to unemployment benefit.

An applicant for unemployment benefit who is a landholder but does not satisfy the contribution conditions of having 78 contributions paid in a three year period is not entitled to unemployment benefit if the income from his holding exceeds £2 daily.

The person concerned is a landholder who does not satisfy the 78 contributions condition. His case was referred to a social welfare officer for investigation of the income of his holding and inquiries are still being made in the matter. His entitlement to unemployment benefit will be reviewed in the light of the outcome of the investigation. He is at present in receipt of unemployment assistance at £21.40 weekly being the rate appropriate to him £86.75 less £65.35 means.

629.

asked the Minister for Social Welfare when an appeal will be carried out in the case of a person (details supplied) in County Mayo who has applied for unemployment assistance.

The appeal of the person concerned against the assessment of weekly means of £40 against him was submitted to an appeals officer for determination. The appeals officer assessed him with means of £28 weekly effective from 21 November 1984. He is accordingly entitled to unemployment assistance at £51.50 weekly the appropriate rate £79.50 less means £28. All adjusting arrears were paid to him last week and weekly payments of £51.50 will continue to be made as they become due.

630.

asked the Minister for Social Welfare when a decision will be made in connection with the application for a free telephone rental allowance made by a person (details supplied) in County Kilkenny; and the reason there has been such a long delay in having this case assessed.

There is no record in the Department of receipt of an application for this allowance from the person concerned. An application form was issued to him on 2 May 1985. On receipt of the completed application form in the Department an early decision will be given in the case and the applicant will be notified of the outcome.

631.

Mr. Cowen

asked the Minister for Social Welfare the reason a person (details supplied) in County Offaly was only paid five days unemployment benefit for the week ending 26 April 1985, totalling £63.98, when he should have been paid seven days unemployment benefit for that week, totalling £95.94.

The local office dealing with the unemployment benefit claim of the person concerned received notification from his employer indicating that he was returning to work after 20 April 1985 and payment of unemployment benefit was terminated. It was subsequently ascertained that he did not resume work until 25 April 1985. He was accordingly entitled to unemployment benefit from 22 April 1985 to 24 April 1985 and as he is a postal applicant a paying order was issued to him last week for encashment at his local post office paying all arrears of unemployment benefit.

632.

Mr. Cowen

asked the Minister for Social Welfare the results of an investigation carried out by a deciding officer re-investigating the case of a person (details supplied) in County Offaly who is seeking payment of the full rate of unemployment assistance or alternatively a reduction of assessment of £5 per week from benefit of board and lodging on his uncle's holding.

A social welfare officer recently completed a re-investigation of the means of the person concerned, and the case papers are at present in postal transit to a deciding officer for a review of the amount of means assessed against the applicant. The rate of unemployment assistance payable will be determined in the light of the deciding officers decision based on the outcome of the social welfare officer's report. In the meantime weekly payments of unemployment assistance at £26.75, being the appropriate rate £31.75 less £5 means, continue to be made to him.

633.

asked the Minister for Social Welfare the present position regarding the application for an invalidity pension made by a person (details supplied) in County Limerick.

The person concerned has been in receipt of disability benefit since 28 January 1984 and payment is being made at regular weekly intervals. Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned was examined in February last by a medical referee who expressed the opinion that he was not permanently incapable of work. He is therefore not qualified for the receipt of invalidity pension.

If he is not satisfied with this decision it is open to him to submit a detailed report from his doctor. On receipt of this report the question as to whether he is permanently incapable of work will be reviewed by the medical adviser to the Department.

634.

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

The claim of the person concerned to a deserted wife's payment is at present under investigation by a local officer of the Department. The claimant and her husband have been interviewed but it is necessary to interview her again to have certain issues clarified. The officer hopes to do so within the next few days and when the reports are received a decision will be given without delay and the claimant will be notified of the outcome. In the meantime she is in receipt of supplementary welfare allowance from the North Eastern Health Board and maintenance from her husband in respect of their two children.

635.

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

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. On its return, duly completed, the claim will be dealt with without delay.

636.

asked the Minister for Social Welfare the reason for the delay in the payment of pay-related benefits to a person (details supplied) in County Limerick; and if he will have this corrected forthwith.

Pay-related benefit was issued to the person concerned from 30 March 1985, nineteenth day of incapacity, and all benefit payable in respect of his claim has been issued to 26 April 1985, the date of the latest medical certificate received. There was no delay in the issue of benefit on his claim.

637.

asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Clare will be heard.

Arising out of contentions made by the person concerned in support of his appeal against the disallowance of his unemployment assistance claim his case was referred to a social welfare officer for further inquiries. These inquiries were completed recently and his case has been referred to an appeals officer for determination. The appeals officer will deal with the case on the first available opportunity. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

638.

Mr. Cowen

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Offaly as he sent in 12 certificates to date up to the week ending 26 April 1985.

The person concerned claimed disability benefit from 13 February 1985. 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 1983-84 the contribution year governing his claim. Following the receipt of a statement from his employer it was established that he had sufficient contributions paid in that year to qualify for benefit at the maximum rate.

Payment has not been issued however, as he states that he is a married man but to date has not claimed an increase in respect of his wife or any dependent children and he is currently in receipt of £90 per week by way of supplementary welfare allowance from the Midland Health Board. A form on which to claim for his dependants has again been issued to him and when this is returned duly completed his claim will be dealt with without delay.

639.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford is entitled to a contributory old age pension.

The qualifying conditions for the receipt of a contributory old age pension require a person:

(i) to have entered into insurance before reaching the prescribed age, 57 in the case of the person concerned;

(ii) to have qualifying contributions paid in respect of not less than 156 weeks of insurable employment since his entry into insurance; and

(iii) to have a yearly average of not less than 20 qualifying contributions paid or credited from 5 January 1953 or from the year of entry into insurance, whichever is the later, to the end of the last complete contribution year before reaching pension age.

The person concerned will reach age 66, the qualifying age for contributory old age pension, in June 1987. He was insured at the modified rate of social insurance contribution payable in respect of permanent and pensionable public servants from 1947 to February 1979. This rate does not include cover for contributory old age pension or retirement pension. From March 1979 to mid-April 1982 Class K contributions, which do not include any social welfare insurance element, were paid in respect of him. Contributions at a rate qualifying for contributory old age pension were paid in respect of him for the first time from mid-April 1982.

Since contributions which included cover for contributory old age pension were first paid in respect of him after he reached age 57, his yearly average of qualifying contributions will fall to be calculated over the period from 5 January 1953 to 5 April 1987, the end of the contribution year before he will reach age 66. Even if he has the maximum possible number of qualifying contributions from mid-April 1982 to 5 April 1987 he can only have a maximum total of 258 such contributions, equal to a yearly average of only seven. He will not, therefore, qualify for a contributory old age pension at age 66.

Neither will he qualify for retirement pension at age 65. Entry into insurance at a qualifying rate before reaching age 55 is a requirement for this latter pension.

640.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 11 who applied for unemployment benefit in September 1984, has not received any payments to date; and if he will expedite payments as a matter of urgency.

The person concerned was in receipt of disability benefit from 4 September 1984 to 23 October 1984. She claimed unemployment benefit for the period 1 November 1984 to 28 December 1984 but her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and attended an oral hearing of her case on 7 February 1985. Her claim has been allowed by an appeals officer and arrangements have been made to pay all arrears of unemployment benefit due this week less the amount of supplementary welfare allowance due for recoupment to the health board.

Her entitlement to unemployment benefit exhausted on 28 December 1984 when she received 390 days of unemployment benefit in the period of interruption of employment applicable to her claim. She has no requalifying contributions paid and will not requalify for unemployment benefit until she resumes insurable employment for at least 13 weeks with contributions paid at the appropriate class.

She made a claim to unemployment assistance on 4 January 1985 and her case was referred to a social welfare officer for investigation of her means. The social welfare officer has called at her home address on a couple of occasions and requested her to furnish details of how she disposed of her capital. To-date she has not done so.

The social welfare officer will call on her again shortly after which her case will be submitted to a deciding officer. Her means will then be assessed and her entitlement to unemployment assistance will be determined accordingly.

641.

asked the Minister for Social Welfare when occupational injury benefit will be paid to a person (details supplied) in County Meath who made his application on 9 March 1985, but who has received only one payment.

The person concerned claimed injury benefit from 9 March 1985 to 27 April 1985, and all benefit due has now been paid. A cheque in respect of all outstanding benefit was issued on 2 May 1985.

642.

asked the Minister for Social Welfare when he will make a decision in relation to an appeal by a person (details supplied) in County Tipperary against the refusal of disability benefit between 21 August 1984 and 8 December 1984.

It was decided by an appeals officer on 26 September 1984 that the person concerned was not incapable of work during the period 27 February 1984 to 20 August 1984 (the date of the latest medical evidence before him at that time). She continued to submit medical evidence of incapacity and her claim from 21 August 1984 was also disallowed. She appealed against this disallowance and she was examined on 10 December 1984 by a medical referee who considered her to be incapable of work from 10 December 1984. Payment of benefit was restored from that date.

The person concerned was advised of the result of this examination and supplied with an appeal form on 13 December 1984. There is no trace of the completed form having been received in the Department. A further form of appeal was issued on 24 April 1985. When the completed form is returned the case will be referred to an appeals officer for determination in respect of the period 21 August 1984 to 8 December 1984.

643.

asked the Minister for Social Welfare when a decision will be made on an application for a non-contributory pension made by a person (details supplied) in County Limerick.

It has been decided that the person concerned is entitled to an old age pension at the weekly rate of £35.30 from 8 February 1985. This is the rate to which he is entitled having regard to the assessment of his means, consisting of the weekly value of capital and income from the letting of a holding. The appropriate pension book payable from 3 May 1985 issued on 26 April 1985 and a payable order covering arrears of pension due for the period 8 February 1985 to 2 May 1985 issued separately.

644.

asked the Minister for Social Welfare when a decision will be made on an application for a non-contributory old age pension made by a person (details supplied) in County Limerick.

The person concerned is at present in receipt of old age pension at the weekly rate of £23.30. Recent representations have been accepted as an application for increase in her existing rate of old age pension. The case has been referred to the social welfare officer for investigation. When the inquiries have been completed a decision will be given without delay and the pensioner will be notified of the outcome.

645.

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

The entitlement to unemployment benefit of the person concerned could not be determined until inquiries had been made to establish that her employment during the contribution period 6 April 1983 to 5 April 1984 which governed her claim of 17 January 1985 was insurable at a contribution class which provides cover against unemployment.

These investigations were recently completed and her unemployment benefit claim was allowed from the date of claim at £32.75 weekly the appropriate rate in her case. All arrears due were paid last week and further weekly payments will be made as they become due.

646.

asked the Minister for Social Welfare the outcome of an appeal by a person (details supplied) in County Kilkenny against the decision by his Department to grant him only a reduced amount of unemployment assistance.

Following a review of his unemployment assistance claim the means of the person concerned were re-assessed at £61.50 weekly, derived from self-employment. He appealed against the amount of means assessed against him and arising out of contentions made by him in support of his appeal his case was referred to a social welfare officer for further inquiries. Following the completion of these inquiries a deciding officer in a revised decision has assessed his means at nil with effect from 17 October 1984.

He is accordingly entitled to unemployment assistance at £75 weekly, the appropriate maximum rate payable to him, and payment will commence this week. The balance of any arrears due to him will be paid as soon as the amount of supplementary welfare allowance which was paid to him pending the outcome of his unemployment assistance claim is known.

647.

asked the Minister for Social Welfare the cause of the extraordinarily long delay in having non-contributory old age pensions paid to persons (details supplied) in County Kilkenny where an appeal was lodged last January.

The persons concerned lodged an appeal on 28 January 1985 against the decisions disallowing their claims to old age pension. An appeals officer has requested further information from the social welfare officer on their cases before giving his decisions. This information has now been received and the cases are being referred back to an appeals officer for determination. The persons concerned will be notified of the outcome in due course. The delay in dealing with these cases is due to the pressure of work at both the social welfare station concerned and the appeals branch.

648.

asked the Minister for Social Welfare if a decision has been made on the appeal of a person (details supplied) in County Kilkenny against the decision not to grant him unemployment assistance.

The appeal of the person concerned against the disallowance of his unemployment assistance claim has not yet been decided. His case was, however, returned to the social welfare officer to afford him a further opportunity of co-operating in the investigation of his means. When these investigations have been completed his case will be referred to the appeals officer and his entitlement to unemployment assistance will be determined in the light of the decision of the appeals officer.

649.

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 details of his means he failed to show that his means did not exceed the statutory limit. He appealed against this decision on 1 March 1985 and arising out of contentions made by him in support of his appeal his case has been referred to a social welfare officer for further inquiries. When these inquiries are completed his case will be submitted to an appeals officer for determination and his entitlement to unemployment assistance will be reviewed accordingly.

650.

asked the Minister for Social Welfare when he will pay a prisoner's wife's allowance to a dependent person (details supplied) in County Wexford.

The claim to a prisoner's wife's allowance of the person concerned is with a local officer of the Department for investigation and he expects to call on her shortly. When inquiries are completed and the officer's report is received, a decision will be given without delay and the claimant will be notified of the outcome.

651.

asked the Minister for Social Welfare the reason no disability benefit has been paid to a person (details supplied) in County Limerick for the past fortnight.

The person concerned claimed disability benefit from 3 April 1982. All benefit payable has been issued up to 11 May 1985. There was a delay caused by an administrative error in issuing payment for the period 22 April 1985 to 4 May 1985. A cheque for this period was however issued on 3 May 1985.

652.

asked the Minister for Social Welfare if he will arrange for payment of arrears of a non-contributory widow's pension to a person (details supplied) in County Kilkenny.

A payable order for arrears of widow's non-contributory pension for the period 25 January to 4 April 1985, less an amount in respect of supplementary welfare allowance paid to her during that period, has been sent to the person concerned.

653.

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

The person concerned has been paid all disability benefit payable to 30 April 1985, the date of the latest medical certificate received. Payment is issued on the receipt in the Department of medical evidence of incapacity and apart from a slight delay due to the Easter holiday period there has been no undue delay in issuing payments in this case.

654.

asked the Minister for Social Welfare if an increase has been granted to a person (details supplied) in County Kilkenny who is in receipt of a non-contributory old age pension as the person's circumstances have changed since he was originally assessed.

Representations were accepted as a claim for an increase in old age pension for the person concerned and referred to a social welfare officer for investigation. During the course of the investigation it was found that the pensioner's wife may be entitled to a pension in her own right and this is also under investigation at present. It is hoped to have both cases reported on shortly and decisions given without any delay. Both the pensioner and his wife will be notified of the outcome in due course.

655.

asked the Minister for Social Welfare if he will confirm the amount of non-contributory old age pension being paid to a person (details supplied) in County Kilkenny.

Following a routine investigation of the old age pension entitlements of the person concerned, it has been decided that he is entitled to an old age pension at the reduced weekly rate of £26.30 from 19 April 1985, which includes an over-80 allowance of £3. This is the rate to which he is entitled having regard to the assessment of his means, consisting of the weekly value of half share in a holding. The appropriate pension book payable from 19 April 1985 issued on 3 May 1985.

656.

asked the Minister for Social Welfare if he will confirm the amount of non-contributory old age pension being paid to a person (details supplied) in County Kilkenny.

Following a routine investigation of the old age pension entitlements of the person concerned it has been decided that he is entitled to an old age pension at the reduced weekly rate of £26.30 from 19 April 1985 which includes an over-80 allowance of £3. This is the rate to which he is entitled having regard to the assessment of his means consisting of the weekly value of half share in a holding. The appropriate pension book payable from 19 April 1985 issued on 3 May 1985.

657.

asked the Minister for Social Welfare if he will arrange for payment of six weeks non-contributory old age pension to a person (details supplied) in County Kilkenny in respect of her late husband who was in receipt of such a pension; and if he will also arrange to have a living alone allowance granted to this person as soon as possible.

A pension book covering six weeks old age pension due on the death of her late husband has been issued to the person concerned. Her application for living alone allowance has been referred to the social welfare officer for investigation. When the inquiries have been completed a decision will be made and the pensioner will be notified of the outcome.

658.

asked the Minister for Social Welfare the cause of the long delay in having a non-contributory old age pension awarded to a person (details supplied) in County Kilkenny.

It has been decided that the person concerned is entitled to old age pension at the weekly rate of £15.30 from 6 March 1985. This is the rate to which she is entitled having regard to the assessment of her means consisting of half the weekly value of a holding. The appropriate pension books and arrears due have been issued. The delay in dealing with this case was due to pressure of work in the social welfare station concerned.

659.

asked the Minister for Social Welfare when living alone allowance payments will be made to a person (details supplied) in County Wexford who is an old age pensioner.

There is no record of an application for living alone allowance having been received from the person concerned. In view of the Deputy's representations his case has been forwarded to the social welfare officer for investigation. When the inquiries have been completed a decision will be made and the pensioner will be notified of the outcome.

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