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Dáil Éireann debate -
Thursday, 30 May 1985

Vol. 359 No. 1

Written Answers. - Social Welfare Benefits.

560.

asked the Minister for Social Welfare the outcome of the appeal of a person (details supplied) in Dublin 1 for unemployment benefit made in February 1985.

Payment of disability benefit to the person concerned was disallowed from 15 January 1985, following an examination by a medical referee who expressed the opinion that she was capable of work. She appealed against the disallowance and she was examined on 28 February 1985 by a different medical referee who also considered her to be capable of work. Her case has been referred to an appeals officer who proposes to hold an oral hearing of the case as soon as possible. She will be notified of the time and place of the hearing as soon as the arrangements have been made.

561.

asked the Minister for Social Welfare the reason the noncontributory widow's pension of a person (details supplied) in County Offaly has been reduced; and if he will have her pension restored to its original rate.

The person concerned had been in receipt of widow's non-contributory pension at the weekly rate of £39.05 in respect of herself and daughter. The daughter reached 18 years on 23 May 1985 and in the absence of evidence to show that she is receiving full time education by day (in which event payment would be made for her up to 21 years of age) she cannot be regarded as a qualified child from that date. The rate of pension payable to the widow was consequently reduced to £22.50 a week. This is the appropriate rate for a widow with no qualified children and whose weekly means exceed £22 but do not exceed £24. She is assessed with means of £23.07 a week derived from a farm holding. If the child in question is still in full time education, the form which was sent to the widow should be certified by the school authorities and returned to the Department. Payment in respect of that child would then be resumed from the date it was terminated.

562.

asked the Minister for Social Welfare when he will be in a position to transfer a person (details supplied) in County Cork from disability to invalidity pension; and if he will arrange an earlier medical examination than that suggested by the social welfare officer.

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 7 February 1983 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.

563.

asked the Minister for Social Welfare when an application was made for a widow's pension for a person (details supplied) in County Cork; and the progress which has been made in relation to this application.

The claim of the person concerned to a widow's contributory pension was received on 17 April 1985 and she has been awarded the pension at the weekly rate of £43.45 with effect from 5 April 1985, the Friday after her husband's death. This is the maximum rate of pension payable to a widow under 66 years of age with no qualified children. A pension book with orders payable from that date was sent to the designated post office on 27 May 1985 for collection by her and she was notified accordingly.

564.

asked the Minister for Social Welfare the present position in respect of a social welfare recipient of invalidity pension (details supplied) in Dublin 11 whose allowances in respect of his son ceased on the week ending 17 January, even though he did not reach his eighteenth birthday until 24 January, and whose allowances in respect of his daughter are, it is claimed, less than those stipulated in his Department's booklet; and if he will indicate the total amount to which the man in question is entitled in respect of his wife and family.

The person concerned has been receiving invalidity pension since 21 October 1981. His pension contained an increase in respect of two qualified children up to 23 January 1985. His son attained the age of 18 years on 24 January 1985 and an increase was not payable for him since that date. The invalidity pension order dated 17 January 1985 covered payment up to 23 January 1985.

The weekly rate of pension in payment since 24 January 1985 is £79.95, that is, £42.55 personal rate, increase of £27.60 in respect of his wife as adult dependant and increase of £9.80 in respect of his daughter as a qualified child. The present rate of an increase in invalidity pension in respect of a first child is £9.80. For invalidity pension purposes the daughter of the person concerned is now the first child and the increase in respect of her is being paid at the correct rate.

Under the provisions of the budget the rate of invalidity pension in payment to the person concerned will be increased to £88.15 with effect from 11 July 1985.

565.

(Limerick West) asked the Minister for Social Welfare when an appeal will be heard against a decision of a deciding officer who refused a claim for a non-contributory old age pension in respect of a person (details supplied) in County Limerick.

The application for old age pension from the person concerned was refused on the grounds that his means were not fully disclosed. He failed to account for the disposal of capital received from the sale of a holding. No appeal has been received against this decision in his case. If the person concerned is now prepared to make a full disclosure of his means he should notify the Department to that effect and his case will be re-examined.

566.

(Limerick West) asked the Minister for Social Welfare the reason for the delay in having an appeal heard in respect of a decision by the deciding officer to grant a reduced amount of unemployment assistance to a person (details supplied) in County Limerick.

Arising out of contentions made by the person concerned in support of his appeal against the amount of means assessed against him his case was referred to a social welfare officer for further inquiries. These inquiries which were extensive were recently completed.

His case has been referred to an appeals officer for determination. It is listed for oral hearing and will be dealt with at the earliest opportunity. In the meantime the applicant is in receipt of unemployment assistance at £9 weekly the appropriate rate £56.90 less means £47.90.

567.

asked the Minister for Social Welfare when a decision will be made on an application by a person (details supplied) in County Galway regarding a reduction of old age pension.

During a routine investigation of the old age pension entitlements of the person concerned it was found that his means had increased since the date of the last assessment. Accordingly it has been decided that he is entitled to an old age pension at the weekly rate of £32.30 from 17 May 1985. This is the rate to which he is entitled having regard to the assessment of his means consisting of half the weekly value of capital and a holding. The appropriate pension book has been issued.

568.

asked the Minister for Social Welfare when a decision will be made on an application by a person (details supplied) in County Galway regarding a living alone allowance.

Living alone allowance is payable to pensioners who are over 66 years of age and who live alone. The person concerned is in receipt of invalidity pension but as he has not attained 66 years he is not qualified for a living alone allowance in addition to his pension.

569.

asked the Minister for Social Welfare when a free travel pass will be issued to a person (details supplied) in County Monaghan who is over 66 years of age.

A free travel pass was issued to the person concerned on 28 May 1985.

570.

asked the Minister for Social Welfare the reason unemployment benefit was refused to a person (details supplied) in County Kilkenny, who had sufficient contributions from the Department of Social Security in England and who is registered in this country since her return for employment and is genuinely seeking employment.

The person concerned does not satisfy the contribution condition for entitlement to unemployment benefit on the basis of her Irish contribution record. Under the EC Regulations governing these matters, her British contribution record cannot be invoked for the purposes of her claim as she will not be eligible for a transfer of her contributions until such time as she takes up insurable employment in this country.

Her unemployment assistance claim was disallowed on the grounds that the means assessed against her, £36.05 weekly, exceeded the maximum rate of unemployment assistance payable to her. Her means were derived from the value of board and lodgings on her parents' holding. She recently appealed against the amount of means assessed against her and her case is being referred to an appeals officer for determination. Her entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

571.

asked the Minister for Social Welfare the reason disability benefit has been disallowed to a person (details supplied) in County Kilkenny.

The person concerned claimed disability benefit from 24 April 1985. She was not entitled to benefit at the commencement of her claim as she had less than the required minimum of 26 contributions recorded under the number quoted by her and the 1983-84 year on which her entitlement to benefit is based. It was subsequently discovered that she had additional contributions recorded for 1983-84 under a previous RSI number and payment was allowed from 27 April 1985, fourth day of incapacity. All benefit payable to 22 May 1985 the date of latest medical certificate received has now been issued to the person concerned.

572.

asked the Minister for Social Welfare if he will investigate the position of a person (details supplied) in County Cork; and if he will grant him a free electricity allowance and a travel pass.

There is no record in the Department of receipt of an application for free travel or a free electricity allowance from the person concerned. From the information available, however, he is under 66 years of age and is not in receipt of a qualifying payment which would enable him to qualify for either benefit.

573.

asked the Minister for Social Welfare the reason the unemployment assistance payable to a person (details supplied) in County Limerick was reduced on 6 January 1985, based on a means test assessment of £13.45, although this person has no other means of support; if he will have the full entitlements in this case restored with appropriate retrospective adjustments; and if he will make a statement on the matter.

The person concerned was in receipt of unemployment benefit up to 21 January 1985 when he exhausted his entitlement to 390 days benefit. He then applied for unemployment assistance and was assessed with means of £13.45 weekly derived from self employment as a driver.

He appealed against the amount of means assessed against him but an appeals officer also determined his means at £13.45 weekly. He is therefore entitled to unemployment assistance at the weekly rate of £60.45 being the appropriate rate £73.90 less means £13.45. He recently applied for a review of his means and his case was referred to a social welfare officer for investigation. His entitlement to unemployment assistance will be determined in the light of the outcome of these investigations.

574.

asked the Minister for Social Welfare the reason a person (details supplied) in County Westmeath is being deprived of benefits; and if he is aware that there is full medical evidence as to his complaint and that he has four dependent children.

Payment of disability benefit to the person concerned was disallowed from 14 May 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 also expressed the opinion that he was capable of work. His case was then referred to an appeals officer who upheld the decision to disallow payment of disability benefit from 14 May 1984 to 1 April 1985, the date of the latest medical certificate before him. The decision of the appeals officer is final and can only be altered in the light of new facts or fresh evidence.

575.

asked the Minister for Social Welfare the reason a person (details supplied) in County Tipperary has not yet been granted an invalidity pension, and when this will be granted.

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

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