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Dáil Éireann debate -
Wednesday, 29 May 1985

Vol. 358 No. 13

Written Answers. - Social Welfare Benefits.

618.

(Dublin North-West) asked the Minister for Social Welfare the reason an application for social welfare benefit made by a person (details supplied) in Dublin 11 was refused.

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions paid or credited in the governing contribution year. According to the Department's records the person concerned had only 25 weeks of insurable employment during the contribution period 6 April 1983 to 5 April 1984 which governed entitlement to unemployment benefit on his claim of 6 May 1985. However, following further inquiries to ascertain the exact number of weeks of insurable employment during the period 6 April 1983 to 5 April 1984, it has been confirmed that he had the required number of 26 contributions paid. Accordingly, his claim has been allowed at the appropriate weekly rate payable in his case from 6 May 1985 and all arrears of unemployment benefit due will be paid this week.

619.

asked the Minister for Social Welfare when a person (details supplied) in County Wexford will be transferred from a widow's pension to an old age pension.

The rate of pension in payment to the person concerned (£40.50 a week) is the maximum personal rate of widow's non-contributory pension payable to a widow under 66 years of age. To qualify for an old age pension, either contributory or non-contributory, a person must be at least 66 years of age.

When she satisfies the age requirement (she will be 66 on 5 May 1986) a transfer from her existing widow's pension to old age non-contributory pension would be of no advantage to her because she will automatically qualify anyway for the over 66 rate of pension.

An old age contributory pension is payable at a higher rate but to qualify for this pension it would be necessary for the person concerned to have been in insurable employment and to satisfy the necessary insurance contribution conditions. There is no evidence to show that she was ever insurably employed and she would not therefore qualify for this pension on reaching age 66.

620.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford was refused two days unemployment benefit while attending hospital.

Entitlement to unemployment benefit is subject to the condition that a claimant must be capable of, available for, and genuinely seeking work.

The person concerned, a claimant to unemployment benefit, is required to attend at the local employment exchange daily to sign the unemployment register. She was unable to attend on 6 and 7 May 1985 as she was in hospital. Accordingly her claim to unemployment benefit for those two days was disallowed on the grounds that she was not capable of work on those days. She is being advised of her right to apply for disability benefit for any days during which she is incapacitated for work.

621.

asked the Minister for Social Welfare the reason the full rate of widow's pension is not being 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. 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 per week.

She appealed against this decision but the appeal was disallowed by an appeals officer on 15 May 1985 and she has been notified accordingly. The decision of an appeals officer is final and conclusive and is only subject to review should there be a relevant change in the claimant's circumstances.

622.

asked the Minister for Social Welfare the reason unemployment assistance was withdrawn from a person (details supplied) in County Wexford; and if an early appeal can be arranged.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to disclose details of his means he failed to show that his means did not exceed the statutory limit.

He recently appealed against the disallowance of his claim and his case is being referred to an appeals officer for determination. The appeals officer will deal with his case at the first available opportunity and his entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

623.

asked the Minister for Social Welfare the reason pay-related benefit is not being paid to a person (details supplied) in County Wexford.

The person concerned claimed unemployment benefit from 28 October 1983 and was engaged intermittently in systematic short time employment to 12 April 1985 during which time he was not entitled to pay-related benefit. He became fully unemployed from 13 April 1985.

His entitlement to pay-related benefit from 13 April 1985 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 his net average weekly earnings during the period 5 April 1983 to 27 October 1983.

He is in receipt of £88.35 weekly flat rate unemployment benefit being the appropriate rate applicable to a married man with three qualified children. The 85 per cent limit applicable to him is £96.10 and accordingly the weekly amount of pay-related benefit to which he is entitled is limited to £7.75 weekly. Arrangements have been made to pay all pay-related benefit arrears due this week and further combined weekly payments of £96.10 will continue to be made to him as they become due.

624.

asked the Minister for Social Welfare the reason pay-related benefit is not being paid to a person (details supplied) in County Wexford.

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 claimed unemployment benefit on 15 April 1985 and inquiries are being made to ascertain the exact amount of his earnings in the period 6 April 1985 to 12 April 1985 in order to establish the amount of the 85 per cent limit applicable in his case. His entitlement to pay-related benefit will be determined in the light of the outcome of these inquiries. In the meantime, weekly payments of £68.90 flat rate unemployment benefit will continue to be made as they become due.

625.

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

The person concerned claimed disability benefit from 21 March 1984. Payment was issued at the maximum personal rate to 22 March 1985 based on his contribution record in the 1982-83 contribution year.

He has 43 contributions recorded in the 1983-84 contribution year which governs his claim from 23 March 1985 and accordingly he is qualified for payment of benefit from that date at the reduced personal rate of £35.90. All benefit payable in respect of his claim has been issued to 20 May 1985, the date of the latest medical certificate received.

626.

asked the Minister for Social Welfare when a free telephone rental allowance will be paid to a person (details supplied) in County Wexford.

To qualify for a free telephone rental allowance a person under 66 years of age must be in receipt of an invalidity pension or blind person's pension from the Department or a disabled person's maintenance allowance from a Health Board. The person concerned is under 66 years of age and is in receipt of a widow's pension. Her application for the allowance was therefore rejected and she was notified of the decision and the reason for it on March, 1985. Her father and brother are in receipt of qualifying payments and their entitlement to the allowance is currently being investigated. When the investigations are completed a decision will be given and they will be notified of the outcome.

627.

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

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 11 November 1981 and payment is being made at regular weekly intervals. Arrangements are being made to have him examined by a medical referee on 17 June 1985. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

628.

asked the Minister for Social Welfare the reason pay-related benefit is not being paid to a person (details supplied) in County Wexford.

Entitlement to pay-related benefit is based on a person's earnings during the relevant income tax year. The person concerned claimed unemployment benefit on 17 April 1985 and the relevant income tax year is the period 6 April 1983 to 5 April 1984. He had insufficient earnings during this period and accordingly is not entitled to pay-related benefit. He is in receipt of flat rate unemployment benefit at the weekly rate of £70.25 the appropriate rate in his case.

629.

asked the Minister for Social Welfare the reason disability benefit was withdrawn from a person (details supplied) in County Wexford.

Payment of disability benefit to the person concerned was disallowed from 18 April 1985 following examination by a medical referee who expressed the opinion that he was capable of work.

He has continued to submit medical evidence of incapacity for work to the Department and arrangements have been made to have him examined by a different medical referee on 20 June 1985. His entitlement to benefit will be reviewed in the light of the medical referee's report.

630.

asked the Minister for Social Welfare when a living alone allowance on a contributory pension will be awarded to a person (details supplied) in County Meath.

The person concerned has been awarded a living alone allowance of £3.20 a week with effect from 28 December 1984, the Friday following her 66th birthday. An allowance book with orders payable from 5 April 1985 has been issued to the designated post office for collection by her and she has been notified accordingly. Arrears for the period from 28 December 1984 to 4 April 1985 will be sent direct to her shortly by means of a payable order.

631.

asked the Minister for Social Welfare the reasons the appeals officer upheld the decision of his Department refusing an increase in unemployment assistance to a person (details supplied) in County Kilkenny.

The appeals officer determined the appeal of the person concerned on the basis of the facts before him and in the absence of new facts or fresh evidence his decision is final. He is at present in receipt of unemployment assistance at the weekly rate of £46.75 being the appropriate rate £86.75 less means £40.00.

632.

Mr. N. Brady

asked the Minister for Social Welfare if a decision has issued on an application for a free electricity allowance which was submitted in January last for a person (details supplied) in Dublin 5; and if he will make a statement on the matter.

The person concerned has been informed that a free electricity allowance cannot be granted to him as the pensions which he is receiving are not among the specified payments which would enable him to qualify for this benefit.

633.

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

Payment of disability benefit to the person concerned was disallowed from 16 May 1985 following examination by a medical referee who expressed the opinion that she was capable of work. The claimant has been notified of her right to appeal if she considers she is still incapable of work.

634.

asked the Minister for Social Welfare the present position with regard to the application for a dependent relative's allowance made by a person (details supplied) in County Limerick.

The claim of the person concerned, who is in receipt of a widow's contributory pension, to a prescribed relative allowance is at present with the local social welfare officer for investigation. He has been asked to call on her to see if she satisfies the conditions for the award of the allowance. When the officer's report is received a decision will be given on her claim and she will be notified of the outcome without delay.

635.

asked the Minister for Social Welfare the reason for the delay in making a decision on the application for a widow's pension made by a person (details supplied) in County Limerick; and if he will decide on the matter immediately.

The person concerned has been awarded a widow's contributory pension at the weekly rate of £52.75 from 11 January 1985, the Friday following her husband's death. This is the rate appropriate to a widow under 66 years of age with one qualified child and whose yearly average number of insurance contributions is in the range 24 to 29. For pension at the maximum rate (in her case £55.10) an average of at least 48 is required. The claimant's average of 24 contributions is based on her own insurance record arising from her employment in the years 1948-49 to 1964 during which she had a total of 876 reckonable contributions. The number of years over which the average falls to be calculated is 36, i.e. from her entry into insurance (1948-49) up to the year prior to her husband's death, 1983-84.

A pension book with orders payable from 22 March 1985 has been sent to the designated post office for collection by her and she has been notified accordingly. Arrears of pension for the period 11 January 1985 to 21 March 1985, which amount to £527.50, less a deduction of £238.20 in respect of her late husband's unemployment assistance (paid to her for six weeks after his death at the rate of £39.70) will be sent direct to her shortly by means of a payable order.

The claim made by the widow in this case was for a non-contributory pension and this aspect was being investigated when it came to light that she might have title to a contributory pension. There were however no insurance details given by the widow on her claim form and before an award of pension could be made it was necessary to trace an insurance number for her and then to obtain particulars of her employment in order to confirm that this number referred to her. The rate of contributory pension payable to her (£52.75) is greater than the maximum rate of non-contributory pension (£51.05).

636.

asked the Minister for Social Welfare the present position with regard to the application for maternity benefit made by a person (details supplied) in County Limerick.

The person concerned claimed maternity benefit in December 1984 in respect of a confinement on 10 October 1983. The claim was over a year late. While late claims can be accepted, if good cause is shown for failure to claim in time, the regulations specifically preclude any payment in respect of any period more than six months before the date of the receipt of the claim. The person concerned was notified of this decisions on 14 December 1984.

637.

Mr. Coughlan

asked the Minister for Social Welfare when payment of unemployment assistance will be restored to a person (details supplied) in County Donegal.

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 the disallowance and his case has been referred to a social welfare officer to give him a further opportunity of co-operating in the investigation of his means. 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 in the light of the appeals officer's decision.

638.

asked the Minister for Social Welfare if he will arrange for payment of unemployment benefit to a person (details supplied) in County Galway who is available for and seeking work.

Entitlement to unemployment benefit is subject to the condition that a claimant must be fully available for and genuinely seeking work. When the person concerned claimed unemployment benefit on 12 November 1984 she stated that she was only seeking part time work and consequently her claim was disallowed. She appealed against the disallowance and attended on oral hearing of her case on 12 March 1985 but the appeals officer also decided that she was not available for work.

She again claimed unemployment benefit from 5 May 1985 and inquiries are being made at present to ascertain if she now satisfies the condition of being fully available for work. Her entitlement to benefit will be determined in the light of the outcome of these inquiries.

639.

asked the Minister for Social Welfare the reason for the delay in the payment of old age pension to persons (details supplied) in County Galway.

It has been decided that the persons concerned are not entitled to old age pensions on the grounds that they failed to fully disclose their means.

An appeal was lodged against this decision and their cases were referred to an appeals officer who requested further information regarding a transfer of a business before giving his decision. The social welfare officer is at present awaiting a deed of assignment. When this comes to hand, the cases will be referred back to the appeals officer for determination. The claimants will be notified of the outcome in due course. The delay in dealing with this case is due to the failure on the part of the claimants to provide information required by the social welfare officer.

640.

asked the Minister for Social Welfare the reason the unemployment assistance for a person (details supplied) in County Limerick was incorrectly reduced during the period of his wife's maternity leave; the date on which restoration of this money will be paid; and if he will make a statement on the matter.

Following reinvestigation of his unemployment assistance claim in November 1984 the means of the person concerned were assessed at £59 weekly derived from benefit from his wife's earnings. He appealed and an appeals officer assessed his means at £57 weekly. He was accordingly entitled to unemployment assistance at the weekly rate of £26.35 being the appropriate rate £83.35 less means £57.

He recently applied for a review of his means and his case was referred to a social welfare officer for inquiries. These inquiries which were recently completed revealed that his wife was not employed during the period 10 December 1984 to 15 March 1985. Arrangements are being made to refer the social welfare officer's report to a deciding officer this week. The amount of means assessed against him will be reviewed in the light of the decision of the deciding officer.

641.

asked the Minister for Social Welfare whether a person (details supplied) in County Wexford who has angina and diabetes and who has been on disability benefit for 15 months could transfer to invalidity pension.

The person concerned has been awarded an invalidity pension from 30 May 1985, the Thursday following completion of claim form. A pension book payable from 25 July 1985 will be issued to the designated post office of payment and arrears in respect of the period from 30 May 1985 to 24 July 1985, less the amount of disability benefit paid during that period will be paid by payable order.

642.

asked the Minister for Social Welfare whether a person (details supplied) in County Wexford could be transferred to an invalidity pension as he has been on disability benefit and weekly certificates for three years.

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 6 June 1984 and payment is being made at regular weekly intervals. Arrangements are being made to have him examined by a medical referee on 17 June 1985. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

643.

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

The person concerned is in receipt of unemployment assistance since exhaustion of his entitlement to unemployment benefit on 5 February 1985. His means are assessed at £43.60 weekly derived from the value of capital. A deduction of £5 weekly was made from his weekly unemployment assistance payment, up to last week, in respect of an overpayment made to him while he was claiming unemployment benefit. Normal weekly payments of £57.85 are commencing this week being the appropriate rate £101.45 less means £43.

He recently appealed against the amount of means assessed against him and arising from contentions made by him in support of his appeal his case was returned to the social welfare officer for further inquiries. These inquiries are now completed and his case is being referred to an appeals officer for determination. His rate of unemployment assistance will be reviewed in the light of the decision of the appeals officer.

644.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork who has been sending in medical certificates for the last nine months is not getting disability benefit.

The person concerned claimed disability benefit from 29 August 1984. She is not entitled to benefit as according to the records of the Department she has less than the required minimum of 26 contributions paid in the 1982-83 and 1983-84 contribution years on which her entitlement to benefit is based.

645.

asked the Minister for Social Welfare if unemployment assistance payments will be increased for a person (details supplied) in County Wexford in view of his recent appeal and the fact that he cannot manage on his present level of income.

The appeal of the person concerned against the amount of means assessed against him was lodged at his local office last week. Arrangements are being made to have his appeal referred to an appeals officer who will deal with it at the first available opportunity. His rate of unemployment assistance will be reviewed in the light of the appeals officer's decision.

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