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Dáil Éireann debate -
Thursday, 6 Jun 1985

Vol. 359 No. 4

Written Answers. - Social Welfare Benefits.

170.

asked the Minister for Social Welfare the basis for the payment of only £30.90 to a person (details supplied) in Dublin 11 instead of the £32.80 which he claims he is due.

A special long term rate of unemployment assistance is paid to applicants who have been in receipt of unemployment payments for a continuous period of 390 days. The person concerned was in receipt of unemployment assistance up to 23 June 1983. He did not sign the unemployment register from that date until he made a repeat application at his local employment exchange on 9 October 1984 and his application was authorised at the appropriate rate in his case, £30.90, which is the short term rate. If he remains unemployed for a continuous period of 390 days his application will be authorised at the rate applicable to long term unemployed applicants, £32.80.

171.

asked the Minister for Social Welfare if he will change the regulations that prevent an applicant for free electricity allowance receiving that allowance if the person living with them is in receipt of unemployment assistance or is signing for it.

Free electricity allowance is provided as an additional benefit for elderly and permanently incapacitated persons who are in receipt of qualifying social welfare type pensions. The benefit is confined to qualified pensioners who reside either alone or with other qualified pensioners or with certain "dependent" categories of persons. A person receiving unemployment assistance does not come within the categories for satisfying the "living alone" condition of the scheme. Granting free electricity allowance to pensioners households in which unemployment recipients reside would radically alter the scope of the scheme and would have wide-ranging and costly implications. There are no proposals for such a change in present circumstances.

172.

asked the Minister for Social Welfare if he will allocate a free electricity allowance to a person (details supplied) in County Mayo.

To be eligible for a free electricity allowance a person must either be living alone or be living with certain categories of person only. A free electricity allowance cannot be granted to the person concerned as her son who reside with her is not a person who comes within these categories for satisfying the living alone condition of the scheme.

173.

asked the Minister for Social Welfare the present position regarding the unemployment assistance appeal made by a person (details supplied) in County Galway.

The person concerned was assessed with means of £25.45 derived from value of board and lodging and from the maintenance portion of a student grant. He was accordingly entitled to unemployment assistance at £4.50 weekly the appropriate rate £29.95 less means £25.45. He has not signed on at his local office since 6 January 1985. He has not appealed and it is open to him to do so if he is dissatisfied with the amount of means assessed against him. A form for this purpose can be obtained at his local office.

174.

asked the Minister for Social Welfare if he will arrange for the payment of invalidity benefit to a person (details supplied) in County Galway.

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 12 September 1983 and payment is being made at regular weekly intervals. Arrangements are being made to have him examined on 14 June 1985 by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

175.

asked the Minister for Social Welfare if he will arrange for a free telephone rental allowance to be granted to a person (details supplied) in County Galway.

To qualify for a free telephone rental allowance a person in receipt of a qualifying payment must be living alone or only with children under 15 years of age or other persons who are so permanently incapacitated as to be unable to summon aid in an emergency. The person concerned is residing with his wife who is not from the information furnished permanently incapacitated as required by the scheme. His application for the allowance was therefore rejected and he was notified accordingly on 8 November 1984.

He may qualify under the free telephone rental allowance scheme administered by the Department of Defence as he is a veteran of the War of Independence. Application forms are available on request from that Department.

176.

asked the Minister for Social Welfare if he is aware that incorrect information was given in reply to Parliamentary Question No. 618 of 22 May 1985 where it was alleged that a person (details supplied) in County Galway was not eligible for unemployment assistance as he had been convicted of an offence under the Social Welfare Acts and was accordingly disqualified from the receipt of unemployment assistance for six months from 3 April 1985; and if he will urgently re-examine the case in view of the false allegation made.

The reply given to Parliamentary Question No. 618 of 22 May 1985 was a repeat given in error of the reply given to Question 617 of the same day and the details related to the person referred to in Question 617. Both questions had been tabled by the Deputy and both related to the unemployment payments of persons in County Galway. The mistake in duplicating the reply to Question 617 in substitution for the reply which had been prepared to Question 618 was due to a clerical error and any inconvenience caused is regretted.

The present position in relation to the person referred to in Question 618 is as follows. He claimed unemployment assistance and his case was referred to a social welfare officer for investigation into his means. When these inquiries were completed his case was submitted to a deciding officer for determination of his means.

The deciding officer requested further information in connection with the capital value of a dwelling not personally used by the applicant, and his case has been referred to a social welfare officer for further inquiries. When these inquiries are completed his means will be assessed and his entitlement to unemployment assistance will be reviewed in the light of the means assessed against him.

177.

asked the Minister for Social Welfare the reason their telephone rental allowance has been withdrawn from persons (details supplied) in County Limerick who are both old age pensioners and if he will make a statement on the matter.

The application for a free telephone rental allowance from the persons concerned approved with effect from 29 March 1985. They were notified accordingly on 4 June 1985. Telecom Éireann are aware of the decision in the case and are arranging to apply the allowance to their telephone account.

178.

asked the Minister for Social Welfare if he will make a statement on the situation with regard to the unemployment assistance appeal made by a person (details supplied) in County Limerick.

The person concerned was issued with an appeal form in order to appeal the means assessment in his case but to date he has not returned the completed form to his local office.

When the completed appeal form is returned his case will be referred to an appeals officer for determination and his entitlement to unemployment assistance will be reviewed accordingly. In the meantime, he is in receipt of unemployment assistance at £33.35 the appropriate rate £79.50 less means £46.15 derived from profit from his holding.

179.

asked the Minister for Social Welfare the reason for the delay in dealing with the appeal for unemployment assistance made by a person (details supplied) in County Limerick; and if he will make a statement on the matter.

The person concerned claimed unemployment benefit from 30 October 1984 but did not satisfy the contribution conditions during the contribution period 6 April 1982 to 5 April 1983 which governed her claim to benefit. She continued to sign the unemployment register for credited contributions up to 6 January 1985. Her entitlement to benefit was reviewed from the commencement of the new benefit year on 7 January 1985 but her claim was disallowed on the grounds that she was not available for and not genuinely seeking work.

She appealed against this disallowance on 4 February 1985 and arrangements were made to have her appeal heard by an appeals officer on 23 April 1985. She did not attend the appeal hearing. The appeals officer also decided that she was not available for employment.

On receipt of a written request from the person concerned a further appeal hearing has been arranged for 12 June 1985. Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

180.

asked the Minister for Social Welfare the present position with regard to the application of a person (details supplied) in County Limerick who has been refused his health benefit payments by his Department; and if any further appeal against the departmental decision is available to this person.

Payment of disability benefit to the person concerned was disallowed from 28 January 1985, following an examination by a medical referee who expressed the opinion that he was capable of work.

He appealed against the disallowance and he was examined on 7 May 1985 by a different medical referee who also considered him to be capable of work. His case has been referred to an appeals officer for consideration. If the appeals officer decides to hold an oral hearing, the person concerned will be notified of the time and place of the hearing.

181.

asked the Minister for Social Welfare if he is aware of the application for unemployment assistance made by a person (details supplied) in County Limerick; if he has information to the effect that she discontinued her stamps on 9 April 1985; if he is aware that, when she was visited by the social welfare officer in connection with her application, the social welfare officer demanded an assessment of her brother's income from his farm even though the applicant has no financial connection whatsoever with her brother; and the reason for this procedure which appears unwarranted.

The person concerned exhausted her entitlement to unemployment benefit on 23 March 1985. She applied for unemployment assistance and her claim was disallowed on the grounds that by failing to disclose details of her means she failed to show that her means did not exceed the statutory limit.

She recently indicated at her local office that she was now prepared to co-operate in the investigation of her means and her case has been referred to a social welfare officer for further inquiries. When these inquiries are completed her means will be assessed and her entitlement to unemployment assistance determined accordingly.

In accordance with the provisions of the legislation governing the unemployment assistance scheme the value of the benefit derived by an applicant from board and lodgings in the home of a parent or relative must be taken into account in the assessment of means. The requirement to take account of the value of board and lodgings has been a feature of the unemployment assistance scheme since its inception. Its purpose is to achieve a degree of equity as between applicants whose parents or relatives are wellto-do and those in poor circumstances. In the absence of such a requirement persons living in affluent circumstances would become entitled to the same level of assistance as those whose circumstances were poor.

182.

asked the Minister for Social Welfare if he is aware that his Department refused an application for a free telephone rental allowance made by a person (details supplied) in County Limerick who is on an invalidity pension; if he is aware that this person's wife who lives with her husband is on disability benefit; if he is aware that the only other people living in the house are their two schoolgoing daughters; and, having regard to these facts, if he will agree that they are entitled to the free telephone rental allowance.

To qualify for a free telephone rental allowance a person in receipt of a qualifying payment must be living entirely alone or only with children under 15 years of age or other persons who are so permanently incapacitated as to be unable to summon aid in an emergency. The person concerned is residing with his wife and their two daughters who are over 15 years of age. As neither his wife nor his daughters are from the information furnished permanently incapacitated as required by the scheme, his application for the allowance was disallowed. He was notified of his decision and the reason for it on 21 May 1985.

183.

asked the Minister for Social Welfare the reason for the delay in granting a non-contributory old age pension to a person (details supplied) in County Cork.

The old age pension claim of the person concerned is partially investigated by the social welfare officer. Further inquiries regarding properly are necessary before the matter can be finalised. It is expected that these will be completed shortly and the claim will be referred to a deciding officer for decision. The pensioner will be notified of the outcome in due course. The delay in dealing with this case is due to pressure of work in the social welfare station concerned.

184.

asked the Minister for Social Welfare the reason for the reduction in the amount of old age pension being paid to a person (details supplied) in County Cork.

The person concerned has recently changed her address and, accordingly, payment of her living alone allowance has been suspended pending investigation of her continued entitlement. It is expected that the social welfare officer's inquiries will be completed shortly. The pensioner will be informed of the overcome in due course. If the conditions for receipt of the allowance are still fulfilled at her new address, payment of the allowance will be restored without delay from 24 May 1985, date of suspension of payment.

185.

asked the Minister for Social Welfare the reason optical treatment benefit has not been paid to a person (details supplied) in County Cork; and if he will have the matter examined.

The person concerned claimed optical benefit on 12 February 1985. His claim was approved on 5 March 1985 and a letter of authorisation for presentation to his optician was issued to him and he was informed that the Department would pay the full cost of any sight test and a fixed contribution towards the cost of glasses if required. On 15 March 1985 this letter was returned by the optician to claim payment for the completed treatment, including the supply of glasses. The cost of the glasses chosen exceeded the amount of the contribution under the optical benefit scheme and as a result the claimant was liable for the balance of the cost which amounted to £55.10.

186.

asked the Minister for Social Welfare the reason for the reduction in the old age pension payments being made to a person (details supplied) in County Cork; and if he will have the matter reviewed.

The person concerned is in receipt of old age pension since December 1981 at the rate appropriate to weekly means of £10.40 representing the weekly value of capital. His pension has been increased, in accordance with budgetary provisions, since then. If he feels that his circumstances have deteriorated in the meantime, it is open to him to apply for an increase in his pension by writing to the Department.

187.

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

The person concerned claimed unemployment benefit on 22 October 1984. Her claim was disallowed on the grounds that she did not satisfy the condition of being available for work. She appealed against the disallowance of her claim and attended an oral hearing of her appeal on 21 February 1985. The appeals officer decided that she was not available for work during the period 22 October 1984 to 27 January 1985 but that she was available for work from 28 January 1985. Her claim was accordingly allowed from that date. All arrears due were paid in week-ending 1 March 1985 and weekly payments of £33.98, being the appropriate rate £32.75 flat rate unemployment benefit with £1.23 payrelated benefit, are continuing as they become due.

188.

asked the Minister for Social Welfare when disability benefit will be paid up-to-date in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter.

The person concerned claimed disability benefit from 22 February 1985 and all benefit payable in respect of his claim has been issued to 23 May 1985, the date of the latest medical certificate received. Further payments will continue to be issued to him on receipt of medical evidence of his incapacity for work.

189.

asked the Minister for Social Welfare when disability benefit will be restored to a person (details supplied) in County Kerry who is suffering from a serious knee injury and who is physically unable to work as a labourer; and if he will make a statement on the matter.

Payment of disability benefit to the person concerned was disallowed from 18 March 1985, 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 15 May 1985 by a different medical referee who also considered him to be capable of work. His case has been referred to an appeals officer for consideration. If the appeals officer decides to hold an oral hearing, the person concerned will be notified of the time and place of the hearing.

190.

asked the Minister for Social Welfare when deserted wife's benefit will issue to a person (details supplied) in Dublin 12; and if he will ensure that she gets her full entitlements.

The person concerned has been awarded deserted wife's benefit of £80.70 per week with effect from 28 February 1985. This is the maximum rate payable to a woman under 66 years of age who has three qualified children. An order book payable from 6 June 1985 has been issued to the post office nominated by her and she has been notified accordingly.

Arrears for the period from 28 February 1985 to 5 June 1985, after deductions for supplementary welfare allowance paid to her by the Eastern Health Board and adjustments for the dependants' portions of her husband's unemployment assistance received by her during that time from the Department, will be sent direct to the claimant by payable order as soon as possible.

191.

asked the Minister for Social Welfare if he will arrange for unemployment benefit or assistance to be paid to a person (details supplied) in Dublin 12 who is available for 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 29 March 1985 she stated that she was only seeking part time work and consequently her claim was disallowed. She appealed against the disallowance and arrangements are being made to have her case determined by an appeals officer. Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

192.

asked the Minister for Social Welfare the reason mothers are not told that they cannot have a children's allowance backdated if they do not apply for it in time, as happened in the case of a person (details supplied) in Dublin 6, who lost six months allowance as she was sick for many months after she came out of hospital; and if he will arrange for a backdated allowance in this case.

Children's allowance is normally paid from the first day of the month following the birth of a child provided a claim is made within three months. Where a claim is not made within three months payment can only be made from the first of the month following that in which the claim is made. Details of the time limits for making claims are printed on the relevant application forms and in the Department's information booklet. However, where there are exceptional or extenuating circumstances for the delay in making a claim, payment may be allowed in full.

The husband of the person concerned is the claimant in the case. He did not claim allowance in respect of his third child, born 20 February 1984, until 15 August 1984. As no explanation for the delay in claiming was put forward, payment was only made from September 1984. However, in view of the statement made by the Deputy in relation to the claimant's wife, the person concerned is being requested to supply further details in the matter, including medical evidence, and when this is received the case will be reviewed and he will be notified of the outcome.

193.

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

Following reinvestigation of the means of the person concerned he was assessed with weekly means of 20p derived from the value of capital, with effect from 25 March 1985. He is accordingly entitled to unemployment assistance at £51.50 weekly the appropriate rate £51.70 less means 20p. All arrears due to him will be paid this week and weekly payments of £51.50 will continue to be made as they become due.

194.

asked the Minister for Social Welfare the reasons unemployment assistance has been discontinued in the case of a person (details supplied) in County Galway; if he will now direct his Department to restore this assistance immediately; the total amount of arrears that will be paid; the date that all payments will be made; and if he will make a statement on the matter.

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. If he is dissatisfied with the disallowance of his claim it is open to him to appeal against the decision. A form for this purpose can be obtained at his local office.

195.

asked the Minister for Social Welfare if he is aware of the serious plight in which a person (details supplied) in County Galway now finds himself as a result of a decision by his Department to reduce this person's unemployment assistance to a meagre figure; if he is aware that this person now has to leave his wife and family and emigrate in order to support them; if he will now direct his Department to immediately restore the assistance heretofore payable to this person; the date on which the old payments will be restored; the total amount of arrears that will be paid; and if he will make a statement on this situation.

Following reinvestigation of the unemployment assistance claim of the person concerned his means were assessed at £57.90 weekly derived from profit from his holding and from the value of capital. He appealed and an appeals officer reduced the assessment to £55 weekly. He is accordingly entitled to unemployment assistance at the weekly rate of £7.95 being the appropriate rate £62.95 less means £55.

He recently applied for a review of his means and his case was referred to a social welfare officer for investigation. These investigations are now complete and 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.

196.

asked the Minister for Social Welfare the reasons the old age pension of a person (details supplied) in County Galway has been reduced; if he is aware of this person's circumstances and the condition of his health; if he is aware that this person has no assets in his name; if he will now direct his Department to restore this pension to its former figure; the date on which this will be done; the total amount of arrears that will be paid; and if he will make a statement on the matter.

It has been decided that the person concerned is entitled to an old age pension at the weekly rate of £23.05 which includes an adult dependant allowance of £7.75. 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 case is at present under investigation by the social welfare officer following notification from the pensioner's solicitor that the holding had been transferred. The social welfare officer hopes to have her report completed and the case referred for decision shortly. The pensioner will be notified of the outcome.

197.

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

The person concerned has been in receipt of disability benefit since 16 March 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.

To determine his entitlement to invalidity pension the person concerned was examined on 1 April 1985 by a medical referee who expressed the opinion that he was not permanently incapable of work and requested that he be referred for a further examination after six months. He is not therefore qualified for the receipt of invalidity pension.

If the person concerned is dissatisfied with this decision it is open to him to forward 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 of the Department.

198.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 1 was refused unemployment benefit; and the outcome of her appeal in this regard.

Entitlement to unemployment benefit is subject to the condition that a claimant is available for work and to fulfil this condition a claimant must be capable of, available for and genuinely seeking work. The unemployment benefit claim of the person concerned was disallowed from 11 April 1985 on the grounds that by reason of not geniunely seeking employment she was not available for employment from that date. She has not been in touch with her local office since 19 April 1985 when she last signed as unemployed. She did not appeal against the disallowance of her claim although she was advised of her right to do so. If she now wishes to appeal she can obtain the appropriate form at her local office.

199.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork who has been submitting certificates to his Department for disability benefit has not received payment; the number of certificates submitted; the action taken; when the first certificate was submitted; and when he will be paid.

The person concerned claimed disability benefit from 16 November 1983 and has submitted 72 medical certificates to date.

Payment was not authorised initially as according to the central records of the Department he did not have sufficient contributions paid in order to qualify for benefit. It has now been established that he has sufficient contributions paid to entitle him to payment of benefit for a period of 52 weeks to 13 November 1984. The arrears payable, less the amount of supplementary welfare allowance advanced by the Southern Health Board for that period, are now being issued to him.

However, as he has only 40 contributions paid on his behalf since entry into insurance he cannot be paid any further disability benefit until he has had at least a further 13 weeks of insurable employment for which the appropriate contributions have been paid.

200.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork, who appealed the case was refused unemployment assistance; when it is likely that a decision will be made on his appeal; and the reason for the undue delay.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to disclose his means he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance of his claim and indicated a willingness to co-operate in the disclosure of his means. The case has been returned to the social welfare officer for inquiries and when these inquiries are completed the matter will be referred to an appeals officer for determination. The appeals officer will deal with the case at the first available opportunity following receipt of the social welfare officer's report. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

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