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Dáil Éireann debate -
Thursday, 9 May 1985

Vol. 358 No. 3

Written Answers. - Social Welfare Benefits.

538.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 5 who applied for unemployment benefit and pay-related benefit on 10 October 1984, only received unemployment benefit up to three weeks ago and is now only receiving unemployment assistance; and if he will make a statement on the matter, particularly with regard to his application for 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 a claimant.

The person concerned who was last employed on 13 April 1984 lodged his claim for unemployment benefit on 11 June 1984. In accordance with statutory provisions the 85 per cent limit was calculated on the basis of his net average earnings between the commencement of the income tax year 6 April 1984 and 11 June 1984 on which date he claimed unemployment benefit. The 85 per cent limit was calculated at £14.25 weekly and as his weekly flat rate unemployment benefit exceeded this sum pay-related benefit is not payable in his case.

He continues to receive unemployment benefit. He did not however satisfy the contribution condition of having 280 paid contributions in a seven year period for continuous payment of unemployment benefit at the maximum rate after he received unemployment benefit for 156 days and accordingly the rate of unemployment benefit payable to him was reduced to the special rate of £53.20 weekly with effect from 15 February 1985.

539.

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 28 February 1985. There was a delay in issuing payment while his entitlement to benefit was being examined. It has now been established that he is entitled to payment of benefit at the maximum rate and all arrears, less the amount of supplementary welfare allowance advanced by the South Eastern Health Board, have been issued. All benefit payable in respect of his claim has been issued to 2 May 1985, the date of the latest medical certificate received.

540.

asked the Minister for Social Welfare if a person (details supplied) in County Westmeath is eligible for a free telephone rental allowance.

The daughter of the person concerned has been approved for a free telephone rental allowance at their present address. It is understood that they are about to move and in that event a new application will be required from their new address. If the composition of the household does not change, the allowance will be applied when telephone service is provided at their new address.

541.

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

The person concerned claimed disability benefit from 28 March 1985. There was a delay in issuing payment pending the confirmation of details of supplementary welfare allowance advanced to him by the South Eastern Health Board. The position has now been clarified and all benefit payable to 2 May 1985, the date of the latest medical certificate received, less the amount of supplementary welfare allowance advanced by the health board, was issued to him on 8 May 1985.

542.

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

The person concerned has been in receipt of disability benefit from the Department of Social Welfare at a weekly rate of £67.50 since 28 June 1984. This reduced rate of benefit was awarded to him in respect of himself, his wife and one child, based upon his record of 34 Irish contributions in the governing contribution year.

It has recently come to light that he was last insurably employed, prior to his incapacity, under United Kingdom social security legislation. Under the EC Regulations on Social Security, the claim for sickness benefit and invalidity benefit is therefore the responsibility of the Department of Health and Social Security, Newcastle-upon-Tyne. Accordingly, the claim, the medical evidence and details of his Irish insurance were transferred to the UK authorities on 25 March 1985.

The Department of Social Welfare has been in contact with the Department of Health and Social Security on a number of occasions requesting an early decision on the claim. Pending a decision the Department of Social Welfare will continue to pay benefit until 27 June 1985. The appropriate reimbursement to the Department of Social Welfare will be arranged with the Department of Health and Social Security.

543.

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

The person concerned claimed disability benefit from 19 January 1985. She was not entitled to benefit at the commencement of her claim as, according to the records of the Department, she had less than the required minimum of 26 contributions paid or credited in the 1983-84 year which governed the claim.

It was subsequently established that she had 34 paid and credited contributions in Northern Ireland in the 1983-84 year and she was therefore qualified for payment of disability benefit. All benefit payable to 27 April 1985, the date of the latest medical certificate received, has now been issued to the person concerned.

544.

asked the Minister for Social Welfare the reason a person (details supplied) in County Meath who has been receiving disability benefit for some weeks, has not received any payments since 11 April 1985; and when his payments will resume.

The person concerned claimed disability benefit from 25 February 1985. All benefit payable from 28 February 1985, fourth day of incapacity, has been issued up to 18 April 1985 the date of the latest medical certificate received. Benefit has been issued as medical certificates are received in the Department. These certificates have, however, been received late, because the claimant forwards them to his employer who then sends them to the Department. The claimant has now been advised to forward medical certificates direct to the Department.

545.

asked the Minister for Social Welfare the reason the unemployment benefit appeal of a person (details supplied) in County Cork was disallowed.

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 work. The person concerned claimed unemployment benefit on 28 December 1984 and her claim was disallowed on the grounds that she was not available for work. She appealed against the disallowance and she attended an oral hearing of her case on 19 March 1985. An appeals officer also decided that she was not available for work. She was notified of this decision on 21 March 1985.

She continued to sign as unemployed however, and following further inquiries her claim was again disallowed on 11 April 1985 on the grounds that she was not available for work from 20 March 1985 and she was notified accordingly. She appealed against this disallowance on 7 May 1985. Arrangements are being made to have her appeal dealt with 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.

546.

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

The person concerned claimed a retirement pension on 25 February 1985 and has been awarded the pension at the rate appropriate to his yearly average of 47 contributions with effect from 30 May 1985 when his present unemployment benefit and pay-related benefit claims will have ceased. The combined rate of these two benefits is higher than the rate of retirement pension to which he would otherwise be entitled. A retirement pension book containing orders payable from 30 May 1985 will be issued to the designated post office approximately one week in advance of that date for collection by him and he will be notified accordingly.

547.

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

The person concerned claimed disability benefit from 30 March 1985. All benefit payable from 3 April 1985, the fourth day of incapacity, has been issued up to 8 April 1985, after which date he was certified fit to resume work. Benefit has been issued at the weekly rate of £37.25, the maximum rate payable to a single man. The claimant indicated that he is married and a form on which to claim for his dependents has been issued to him. When the completed form is received in the Department his claim will be reviewed. There was a delay caused by an administrative error in issuing benefit for the period 3 April 1985 to 8 April 1985. A cheque for this period was issued on 8 May 1985.

548.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway whose means are assessed at £10.90 is in receipt of only £13.60 unemployment assistance in view of the fact that the maximum unemployment assistance payable in his case is £29.95.

The person concerned was in receipt of unemployment assistance at £13.60 weekly the appropriate rate £31.75 less means £18.15. His means were derived from the value of board and lodging on his father's holding.

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 investigation. These inquiries were completed recently and a deciding officer in a revised decision assessed him with weekly means of £10.90 effective from 24 April 1985. Accordingly he is now entitled to unemployment assistance at £20.85 weekly the appropriate rate £31.75 less means of £10.90. All arrears due to him will be paid this week and weekly payments of £20.85 will continue to be made as they become due.

549.

asked the Minister for Social Welfare if he will reconsider his decision to reduce unemployment assistance being paid to a person (details supplied) in County Galway from £30.80 per week to £21.20; and if he will have this person's means reinvestigated with a view to restoring the assistance to £30.80 as he feels heavily discriminated against as a result of the reduction in unemployment assistance.

Following reinvestigation of his unemployment assistance claim the means of the person concerned were assessed at £10.55 weekly derived from the value of board and lodgings on his father's holding. He appealed and arising from contentions raised in the appeal the case was returned to the social welfare officer for further inquiries. These inquiries were recently completed and the case was referred to an appeals officer for determination. His case will be dealt with at the earliest opportunity and the rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer.

550.

asked the Minister for Social Welfare the present position regarding the allocation of an invalidity pension to a person (details supplied) in County Westmeath.

Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned has been in receipt of disability benefit since 4 April 1983 and payment is being made at regular weekly intervals. Arrangements are being made to have her examined on 20 May 1985 by a medical referee. Her entitlement to invalidity pension will be reviewed in the light of the report of this examination.

551.

asked the Minister for Social Welfare if he will outline the total contributions credited annually for a person (details supplied) in County Galway; the reason disability payments have not been made to this person as a result of his injury in January 1984; if he will now direct his Department to make weekly payments including all arrears to this person; the date on which these payments will be made; and if he will make a statement on the matter.

The person concerned claimed disability benefit from 30 January 1984 and submitted medical evidence in support of his claim until 9 June 1984. He was not entitled to benefit at that time as according to the records of the Department he has less than the required minimum of 26 contributions paid or credited in 1982-83 the contribution year that governed his claim. He was informed of the position on two occasions but no response was received from him. Consequently there are no arrears payable. If he has been incapable of work since 9 June 1984 he should forward medical certificates to the Department where his claim will be dealt with without delay.

The following credited contributions have been awarded to the person concerned:

Contribution year

Contributions credited

Period

1983-1984

9

30 January to 31 March 1984

1984-1985

10

2 April to 9 June 1984.

In addition, the person concerned also has 23 paid contributions in 1983-84 and would be eligible for benefit from 7 January 1985.

552.

asked the Minister for Social Welfare the reason disability benefit has not been paid to a person (details supplied) in County Carlow.

The person concerned claimed disability benefit from 11 March 1985. Payment was not issued, however, as the medical certificates submitted in support of his claim did not establish the duration of his incapacity. He was requested to submit a statement from his employer confirming the period of his absence from work through illness. This information has now come to hand and all benefit payable to 18 March 1985, after which date he resumed work, has been issued to him.

553.

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

It is understood from the Southern Health Board, which is responsible for the administration of the national fuel scheme in County Cork, that two cheques for £60 each in respect of fuel allowances for the 1984-85 heating season were issued to the person concerned in November 1984 and March 1985 respectively. If the person concerned did not receive the cheques, he should report the fact to the local community welfare officer. The person concerned also made an application to my Department for a free bottled gas allowance and a book of vouchers was issued to him on 7 May 1985.

554.

asked the Minister for Social Welfare when a family income supplement for which she applied some time ago will be paid to a person (details supplied) in County Cork.

The claim for family income supplement in this case has been disallowed on the grounds that the weekly family income as stated on the claim form exceeds £110, the maximum amount for entitlement to a supplement in the case of a family with two qualified children. A notification to this effect and of the right of appeal against the decision was issued on 14 March 1985 to the husband of the person concerned, who is the only member of the couple in full time employment for the purpose of the scheme.

555.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork was refused unemployment benefit on the grounds that he was not available for work when in fact he is available for work and stated so quite clearly.

The claim to unemployment benefit of the person concerned from 4 December 1984 to 19 February 1985 was disallowed on the grounds that he was regarded as not unemployed for this period. He appealed against the deciding officer's decision and attended an oral hearing of his case on 3 April 1985. The appeals officer also decided that he was not unemployed and disallowed his unemployment benefit claim. He was notified of the decision of the appeals officer. He ceased to sign as unemployed after 19 February 1985.

556.

asked the Minister for Social Welfare the entitlements of a person (details supplied) in County Kilkenny in respect of pay-related benefit.

Pay-related benefit is calculated on the basis of reckonable weekly earnings of £43 during the relevant income tax year. The person concerned claimed unemployment benefit on 24 December 1984. The relevant tax year in his case was the period 6 April 1982 to 5 April 1983 and his average reckonable weekly earnings during this period were £43.66.

Accordingly, his weekly entitlement to pay-related benefit is £0.17 being 25 per cent of the difference between £43.66 and £43. He is in receipt of combined payments of £70.42 weekly being flat rate unemployment benefit £70.25 and pay-related benefit £0.17.

557.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry had her unemployment assistance reduced by £3 per week last December in view of the fact that her circumstances are now worse than they were when she made her application originally.

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.

558.

asked the Minister for Social Welfare the reason a person (details supplied) in County Dublin who was approved for a living alone allowance has since had this allowance removed; and if he will ensure that it is restored without further delay.

The person concerned has been in receipt of an old age contributory pension since 1 December 1972. He was awarded a living alone allowance from 19 October 1984. This was withdrawn from 25 January 1985 following a report by the local social welfare officer that the claimant was no longer living alone. The officer has been asked to call on the pensioner to investigate his application to have payment of the allowance restored.

559.

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

The means of the person concerned were recently assessed at £63.70 weekly derived from the weekly value of capital and profit from his holding. He is therefore entitled to unemployment assistance at the weekly rate of £30.30 being the appropriate rate of £94 less means £63.70. Weekly payments will commence this week. He has been in receipt of supplementary welfare allowance pending the outcome of his unemployment assistance claim and when the amount to be recouped to his local health board has been determined, the balance of any arrears of unemployment assistance due to him will be paid.

560.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare has not been paid disability benefit for the past three weeks.

The person concerned claimed disability benefit from 31 January 1984 and payment was issued to 13 April 1985. There was an interruption in payment from that date while his continuing entitlement to benefit was being examined. It has now been established that he is entitled to continuing payment of benefit and the arrears payable for the period from 15 April to 20 April 1985, the date of the latest medical certificate received, were issued on 7 May 1985.

561.

asked the Minister for Social Welfare when an outstanding weeks payment of disability benefit for March-April will issue to a person (details supplied) in County Westmeath; if he will consider that this person could apply for an invalidity pension; and if this can be arranged.

The person concerned claimed disability benefit from 26 November 1983. All benefit payable in respect of his claim has been issued to date and there are no arrears outstanding. Arrangements are being made to have him examined by a medical referee of the Department on 20 May 1985 and his entitlement to invalidity pension will be reviewed in the light of the medical referee's report following this examination. In the meantime, arrangements have been made to issue payment to him on a regular weekly basis on receipt of monthly medical evidence of incapacity for work.

562.

asked the Minister for Social Welfare the reason for the decrease in the amount of benefits currently being allocated to a person (details supplied) in County Westmeath; and if he is aware that this person was getting £70.20 and is now receiving £55 on which to keep his family.

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 was reduced from £70.25 weekly to £60.90 weekly from the 157th day of his claim.

The rate of unemployment benefit payable was further reduced to £53.20 weekly on 8 March 1985 as he ceased to be entitled to an increase for his child on and from the date on which the child attained and age of 18 years.

563.

asked the Minister for Social Welfare the result of the appeal of a person (details supplied) in Dublin 1 for unemployment benefit.

The appeal of the person concerned against the disallowance of her unemployment benefit claim has been referred to an appeals officer for determination. Arrangements are being made to have an oral hearing of this case at the earliest opportunity after which her entitlement for unemployment benefit will be reviewed in the light of the decision of the appeals officer.

564.

asked the Minister for Social Welfare when a children's allowance book will be returned to a person (details supplied) in Dublin 1; and the number of children that are due entitlements.

The person concerned was overpaid children's allowance amounting to £72.30 due to her failure to notify the Department of a change affecting her entitlement. She is now entitled to payment in respect of four qualified children. The overpayment is being recovered by withholding the allowance due for one child from April to September 1985. The claimant has been advised of the position and a book covering payment for three children for this period was issued on 7 May 1985. Payment for her four qualified children will resume in October 1985. The claimant should notify the Department when her eldest child returns to her household and her entitlement will be further reviewed.

565.

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

The person concerned claimed disability benefit from 13 March 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 required minimum of 26 contributions paid or credited in 1983-84, the contribution year governing his claim. Following inquiries it was established that he had sufficient contributions registered in 1983-84 to qualify for benefit at the weekly rate of £34.50. All benefit payable to 17 April 1985 the date of the latest medical certificate received has been issued to him.

566.

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

Payment of disability benefit to the person concerned was disallowed from 29 October 1981 following examination by a medical referee who expressed the opinion that she was capable of work.

She appealed against the disallowance and was examined by a different medical referee who also expressed the opinion that she was capable of work. Her case was then referred to an appeals officer who upheld the decision to disallow payment of disability benefit from 29 October 1981 to 24 March 1982 the date of the latest medical certificate before him at that time. The decision of the appeals officer is final. She again claimed disability benefit from 20 December 1982 and payment has been issued to 29 April 1985, the date of the latest medical certificate received. Accordingly there do not appear to be any arrears of benefit due to the person concerned.

567.

asked the Minister for Social Welfare when a person (details supplied) in Dublin 1 will be sent her fuel voucher cheque as the last cheque was never delivered.

It is understood from the Eastern Health Board, which administers the national fuel scheme in the Dublin area, that inquiries regarding the cheque in question are in progress and the matter of issuing a duplicate will be considered when the inquiries have been completed.

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