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Dáil Éireann debate -
Tuesday, 11 Jun 1985

Vol. 359 No. 6

Written Answers. - Social Welfare Benefits.

127.

asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Cork whose disability benefit was discontinued in October 1984, will be heard.

Payment of disability benefit to the person concerned was disallowed from 10 October 1984, following an examination by a medical referee who considered her to be capable of work. She appealed against the disallowance and she was examined on 29 November 1984 by a different medical referee who also considered her to be capable of work. She was advised of this decision and supplied with a form of appeal on 5 December 1984. The completed form was received in the Department on 4 March 1985 and her case was referred to an appeals officer who proposes to hold an oral hearing of her case. The person concerned will be notified of the time and place of the hearing as soon as the arrangements have been made.

128.

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

The person concerned claimed unemployment benefit on 12 November 1984 but her claim was disallowed on the grounds that she was not available for work. She appealed against the disallowance and attended an oral hearing of her case on 12 March 1985. The appeals officer also decided that she was not available for work. She continued to sign the unemployment register and following inquiries to establish her availability for work from 13 March 1985 her claim was allowed from that date at £32.75 weekly being the appropriate maximum flat rate unemployment benefit in her case and pay-related benefit of £8.33. All arrears due will issue to her this week and further combined weekly payments of £41.08 will be made as they become due.

129.

asked the Minister for Social Welfare if he will approve the unemployment assistance appeal made by a person (details supplied) in County Laois.

The person concerned claimed unemployment benefit on 26 February 1985 but her claim was disallowed by a deciding officer on the grounds that she was not available for work. She appealed against the disallowance and attended an oral hearing of her case on 22 May 1985. Her claim was allowed by the appeals officer from the date of claim at the appropriate weekly rate of £32.75. All arrears due were paid to her in the week ended 28 May 1985. Further weekly payments of £32.75 will be made as they become due.

130.

asked the Minister for Social Welfare when a person (details supplied) in County Clare will have her appeal against the decision of the medical referee examined.

Payment of disability benefit to the person concerned was disallowed from 21 May 1985 following examination by a medical referee who expressed the opinion that she was capable of work. She has not indicated to the Department that she wishes to appeal the decision to disallow payment and she has not submitted medical evidence of incapacity for work subsequent to 21 May 1985.

131.

Mr. Cowen

asked the Minister for Social Welfare the reason payment of disability benefit was discontinued in 1976 to a person (details supplied) in County Offaly who was in receipt of disability benefit from 1972, without that person being asked to go before a board of appeal; and the present position regarding her application for disability benefit.

According to the records in the Department the person concerned was last insurably employed in the United Kingdom. Under EC regulations a claim for disability is dealt with in accordance with the legislation of the country of last employment. Any queries relating to a claim for disability benefit should be directed to the relevant authorities in the United Kingdom. There is no trace in the Department of a current claim for disability benefit from the person concerned.

132.

Mr. Cowen

asked the Minister for Social Welfare the reason a person (details supplied) in County Offaly has had his unemployment benefit reduced from £85.10 to approximately £84 for the week ending 24 May 1985 and to £80.36 for the week ending 31 May 1985.

The person concerned was paid unemployment benefit and pay-related benefit at the weekly rate of £85.10 from 8 December 1984. He entered the second phase of pay-related benefit after 141 days on 21 May 1985 and accordingly his weekly combined unemployment benefit and pay-related benefit rate was reduced to £80.36. He was paid £84.35 (unemployment benefit and pay-related benefit) for week ending 24 May 1985. This amount represents 5 days at weekly rate £85.10 (first phase of pay-related benefit) and 1 day at the weekly rate of £80.36 (second phase of pay-related benefit). Further combined payments of unemployment benefit and pay-related benefit at £80.36 weekly will continue to be made as they become due.

133.

asked the Minister for Social Welfare when smallholder's assistance will be restored to a person (details supplied) in County Clare.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the profit from his holding, exceeded the statutory limit. He applied to have his means reinvestigated and his case was referred to a social welfare officer for further inquiries. These inquiries are now complete and arrangements are being made to refer his case to a deciding officer for assessment of his means. His entitlement to unemployment assistance will be determined in the light of amount of means assessed against him.

134.

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

The application for unemployment assistance of the person concerned was referred to a social welfare officer for inquiries into her means. Her entitlement to unemployment assistance will be determined when extensive inquiries, being made at present, are completed.

135.

asked the Minister for Social Welfare if he will have the case of a person (details supplied) in Dublin 12 re-examined in view of the fact that he has just had major spinal surgery and his injury benefit was reduced by approximately £30 last February; and if he will review the case with a view to increasing the benefit because of the extent of the injuries.

The person concerned is in receipt of disablement pension and disability benefit. Following a recent examination by a medical referee the assessment of the degree of his disablement was reduced from 50 per cent to 40 per cent from 22 February 1985. The rate of disablement pension was reduced accordingly from £28.40 a week to £22.72, that is by £22.72 per four week payment period. He has appealed against this decision and his case has been referred to an appeals officer for consideration.

Where a disablement pensioner receives in-patient hospital treatment in respect of the disablement a hospital treatment allowance which has the effect of bringing the disablement pension to the 100 per cent level, is payable for the duration of the hospitalisation. Such an allowance has now been awarded and paid in respect of periods in November 1983 and April last during which he received in-patient hospital treatment.

136.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford is entitled to disability benefit; and if not, the other State payments he can claim in view of his current illness.

The person concerned claimed disability benefit from 10 January 1985. He indicated on the claim form that he was last insurably employed in Britain and his claim was transferred to the Department of Health and Social Security, in accordance with the EC regulations, on 21 January 1985. He has been informed by the UK authorities that he is not entitled to benefit from them. Further information on this person's Irish insurance record has recently been received and his claim papers have been recalled from the UK authorities along with his British record to establish whether the additional information affects his claim for benefit. When these are to hand his claim will be reviewed without delay.

If the person concerned is not entitled to disability benefit, he may apply for disabled person's maintenance allowance, which is means tested. In this connection he should contact his local health board.

137.

asked the Minister for Social Welfare if an elderly couple (details supplied) in County Wexford will be considered again for a non-contributory old age pension in view of their changed circumstances.

The Deputy's representations have been accepted as a repeat claim to old age pension on behalf of the persons concerned. The claims are being referred to the social welfare officer for investigation and on completion of inquiries a decision will be made. The pensioners will be notified of the outcome in due course.

138.

asked the Minister for Social Welfare if an application for a free telephone rental allowance will be reconsidered for an old age pensioner (details supplied) in County Wexford in view of the incapacity of his spouse.

The application from the person concerned was rejected on the grounds that his wife, with whom he resides, was not, on the medical evidence furnished, incapacitated to such an extent as to be unable to summon aid in an emergency. In view of the Deputy's question the person concerned has been requested to furnish a comprehensive medical certificate in respect of his wife. On receipt of his reply, his application will be reviewed and he will be notifed of the outcome.

139.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 1 was refused any unemployment assistance or benefit as he has no income and received only a small redundancy payment.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the value of capital and the value of a company pension, exceeded the statutory limit. 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. These inquiries were recently completed and his case was referred to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

140.

asked the Minister for Social Welfare if a recipient of disability benefit (details supplied) in County Wexford will be considered for invalidity pension.

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 17 May 1982 and payment is being made at regular weekly intervals. Arrangements are being made to have him examined by a medical referee on 20 June 1985. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

141.

asked the Minister for Social Welfare when a person (details supplied) in County Limerick will be relisted for appeal against a refusal of unemployment benefit.

The person concerned lodged an appeal against the disallowance of her claim for unemployment benefit and arrangements were made for an oral hearing of her case on 26 April 1985. She failed to attend this hearing due to a misunderstanding of the appointed time of the hearing. Arrangements have now been made to hear her appeal on 11 June 1985. Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

142.

asked the Minister for Social Welfare when a decision will be made in relation to an application for a free telephone rental allowance by a person (details supplied) in County Limerick.

The application for a free telephone rental allowance from the person concerned has been approved in her husband's name. He was notified accordingly on 7 June 1985. Telecom Éireann are aware of the decision in the case and will arrange to apply the allowance from the date on which he is provided with telephone service.

143.

asked the Minister for Social Welfare when an oral appeal hearing will be held for a person (details supplied) in County Wexford for disability benefit purposes.

Payment of disability benefit to the person concerned was disallowed from 21 February 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 18 April 1985 by a different medical referee who also 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. The person concerned will be notified of the time and place of the hearing as soon as the arrangements have been made.

144.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Meath who has been signing at an employment exchange since February 1985.

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 23 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 February 1985.

He recently applied for unemployment assistance and his case has been referred to a social welfare officer for investigation into his means. When these inquiries are completed his case will be submitted to a deciding officer for assessment of his means and his entitlement to unemployment assistance will be determined in the light of the means assessed against him.

145.

asked the Minister for Social Welfare if he is aware that a social welfare recipient (details supplied) in Dublin 11 who has been on unemployment assistance of £36.95 per week is threatened with disqualification from further financial assistance; if he will indicate how it can be justified that in a case of a man who has been a worker and contributor all his life and who now finds himself in a position where he cannot obtain employment anywhere is now expected to survive on the earnings of his wife; and if he will re-examine his position sympathetically with a view to awarding some financial assistance to him.

Following reinvestigation the unemployment assistance claim of the person concerned was recently disallowed on the grounds that his means derived from benefit from his wife's earnings exceeded the statutory limit. In accordance with the provisions of the legislation governing the unemployment assistance scheme the value of the benefit derived by an applicant from any source must be taken into account in the assessment of means. Arrangements have been made for the issue of an appeal form to the person concerned. When it is returned the case will be referred to an appeals officer for determination and his entitlement to unemployment assistance will be reviewed accordingly.

146.

asked the Minister for Social Welfare if he will confirm the position regarding a social welfare recipient (details supplied) who is the father of a handicapped child and is not entitled to any assistance other than his invalidity pension which at the moment is not adequate for the demands and needs of the household.

Invalidity pension is in payment to the person concerned since 10 November 1983. The present weekly rate is £52.35, that is, the maximum rate payable to a widowed pensioner, with one qualified child dependant, and who has not attained 66 years of age. Under the provisions of the budget the rate of invalidity pension will be increased to £55.75 with effect from 11 July 1985. If his means are not sufficient to meet his needs, he should contact his community welfare officer at the nearest health centre.

147.

asked the Minister for Social Welfare if he will pay a family income supplement to a person (details supplied) in County Cork.

The person concerned has been awarded a family income supplement at the weekly rate of £8.50 from 18 April 1985. The appropriate order book will issue to the designated post office within the next few days and the person concerned will be notified accordingly.

148.

asked the Minister for Social Welfare the reason for the delay in the payment of unemployment assistance to a person (details supplied) in County Galway.

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

The person concerned is a landholder and a claimant for unemployment benefit who does not satisfy the contribution condition of having 78 paid contributions in a three year period. Accordingly inquiries are being made to establish whether the profit from his holding exceeds £2 daily. His entitlement to unemployment benefit will be decided in the light of the outcome of these inquiries.

He claimed unemployment assistance pending the determination of his entitlement to unemployment benefit and his application has been allowed from 28 February 1985 at the weekly rate of £55.50. His unemployment assistance claim will be put into payment this week and any arrears due from 28 February 1985 will be paid to him when the amount of supplementary welfare allowance paid to him by the health board is determined.

149.

asked the Minister for Social Welfare if he will arrange for the immediate payment of disability benefit to a person (details supplied) in County Galway who has submitted medical certificates since 8 April 1985.

The person concerned claimed disability benefit from 8 April 1985 and was paid at the weekly rate of £31.75 from 11 April 1985, fourth day of incapacity. All benefit payable to 29 April 1985, the date of the latest medical evidence received, has been issued.

150.

asked the Minister for Social Welfare the present position regarding an old age pension appeal lodged by a person (details supplied) in County Galway.

It has been decided that the person concerned is entitled to old age pension at the maximum weekly rate of £62.05 from 15 March 1985 which includes £20.75 adult dependant allowance. His pension books have been recalled for the necessary adjustment. When they have been received the appropriate pension books will be issued to him and a payable order covering any arrears of pension due will issue separately.

151.

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

The person concerned claimed unemployment assistance on 28 January 1985 and following investigations was assessed with means of £23.50 weekly. He is accordingly in receipt of unemployment assistance at £7.40 weekly the appropriate rate £30.90 less means of £23.50. He was in receipt of supplementary welfare allowance pending the outcome of his unemployment assistance claim and portion of the arrears due were withheld and recouped to his local health board. The remainder of the arrears were paid to him on 25 April 1985.

He appealed against the amount of means assessed against him and arising from contentions raised in support of his appeal the case has been returned to a social welfare officer for further inquiries. When these inquiries are completed the case will be referred to an appeals officer for determination and his rate of unemployment assistance will be reviewed in the light of the decision of the appeals officer.

152.

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

It has been decided that the person concerned is not entitled to an old age pension on the grounds that she failed to satisfy the statutory condition as to means. Her means, consisting of the weekly value of a holding exceed the statutory limit. Documentation to support the claim that the holding had been transferred to her son was not produced by the person concerned or her solicitors despite requests from the social welfare officer for same. An appeal was lodged by the person concerned and the case has been referred to an appeals officer for determination. The claimant will be notified of the outcome in due course.

153.

asked the Minister for Social Welfare the present position in relation to a claim for a noncontributory old age pension made by a person (details supplied) in County Cork.

154.

asked the Minister for Social Welfare the present position in relation to a claim for a noncontributory old age pension made by a person (details supplied) in County Cork.

It is proposed to take Question Nos. 153 and 154 together, as they refer to a married couple.

The persons concerned were refused old age pensions on the grounds that they do not satisfy the statutory conditions as to means. The assessment of their means, consisting of half the weekly value of capital (the disposal of a large part of which has not been accepted for old age pension purposes) exceeds the statutory limit for entitlement to pension.

The persons concerned have lodged an appeal against the decisions disallowing their claims to old age pension. Their cases have been referred to an appeals officer for determination and they will be notified of the outcome.

155.

asked the Minister for Social Welfare when optical benefit will be granted to a person (details supplied) in County Louth; and if he is aware that she was in receipt of disability benefit prior to qualifying for an old age pension.

A claim to optical benefit was received from the person concerned on 12 April 1984. Because of an administrative error credited contributions awarded in respect of disability benefit had not been recorded on her insurance record and her claim to optical benefit was disallowed.

It has now been established that the person concerned is qualified for optical benefit. The optician involved has agreed to resubmit the claim papers and arrangements are being made to refund the Department's portion of the cost direct to the claimant.

156.

asked the Minister for Social Welfare if he will ensure that unemployment benefit issues to a person (details supplied) in County Wicklow who has been signing on for the past eight weeks.

The person concerned claimed unemployment benefit on 22 April 1985. Inquiries are being made to establish that his employment during the contribution period 6 April 1983 to 5 April 1984, which governs his claim, was insurable at a class which provides cover against unemployment. When these inquiries have been completed his entitlement to unemployment benefit will be determined.

157.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 11 was refused unemployment benefit although she was in insurable employment from 1979 to 1985 and is presently available for work; and if he will give an assurance that she is not discriminated against because of her marital status.

Entitlement to unemployment benefit is subject to the condition that a claimant must be fully available for work and a person who limits his/her availability to reduced working periods is not regarded as being available for work.

The person concerned claimed unemployment benefit from 21 May 1985 having voluntarily transferred from a five day working week to one day a week for personal reasons. Accordingly her claim was disallowed on the grounds that by reason of being available for part time work only she did not fulfil the availability condition. It is open to her to appeal against the disallowance of her claim and a form for this purpose may be obtained from her local office.

158.

asked the Minister for Social Welfare the reason it will take eight weeks to process an application for unemployment benefit or assistance made by a person (details supplied) in Dublin 11 as was indicated to her at the employment exchange; if this is the normal waiting time; and if there is a possibility that the application could be considered more quickly.

Entitlement to unemployment benefit is subject to the condition that a claimant must be capable of, available for and genuinely seeking employment. The person concerned claimed unemployment benefit from 8 May 1985 but her claim was disallowed on the grounds that she was not available for employment. She was notified of the disallowance on 15 May 1985. She appealed against the decision on 23 May 1985 and arrangements are being made to have the appeal determined by an appeals officer at the earliest opportunity. However, due to the increased number of persons applying for appeals under the various social welfare services there is an inevitable lengthening of the time in determining cases. Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

159.

asked the Minister for Social Welfare the reason for the delay in the payment of a deserted wife's allowance to a person (details supplied) in Dublin 11; and when she is likely to be awarded this payment.

The person concerned has been awarded deserted wife's benefit with effect from 24 January 1985 in respect of herself and four qualified children at the maximum rate of £93.50 per week. An order book payable from 13 June 1985 has been issued to the designated post office for collection by her and she has been notified accordingly. A payable order in respect of arrears for the period from 24 January to 12 June 1985 will be sent direct to her shortly.

The delay in deciding this case arose mainly from the claimant giving an incorrect RSI number for her husband on her claim form. Accordingly, it was necessary to trace his correct number and insurance record before a decision could be given.

160.

asked the Minister for Social Welfare the reason unemployment assistance has been cancelled in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter.

Following reinvestigation the unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from his own holdings, an intestacy share in his late father's holing and the value of capital exceeded the statutory limit. He did not appeal the disallowance and has not signed as unemployed since 26 March 1985.

161.

asked the Minister for Social Welfare the reasons a free telephone rental allowance has not been granted to a person (details supplied) in County Galway; if he will now direct his Department to grant this immediately; the date on which this will be done; and if he will make a statement on the matter.

There is no record in the Department of receipt of an application for a free telephone rental allowance from the person concerned. An application form was issued to him on 7 June 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.

162.

asked the Minister for Social Welfare the reasons a death grant has not been paid to a person (details supplied) in County Galway; if he will now direct his Department to make immediate payment; the date on which this payment will be made; the amount thereof; and if he will make a statement on the matter.

There is no trace of a claim for a death grant having been received in this case. An application form for the grant has been issued to the person concerned.

163.

asked the Minister for Social Welfare the cause of the long delay in paying unemployment assistance to a person (details supplied) in County Kerry who was signing for a period of 15-16 weeks for unemployment assistance in early 1985 before she took up employment; and if he will make a statement on the matter.

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 to be identified.

164.

asked the Minister for Social Welfare the present position regarding the appeal which was lodged by a person (details supplied) in County Kerry who had payment of his unemployment assistance discontinued; and if he will make a statement on the matter.

Following reinvestigation of his unemployment assistance claim the means of the person concerned were assessed of £38.45 weekly derived from profit from his holding. He appealed but an appeals officer also assessed his means at £38.45. Accordingly he was not entitled to payment of unemployment assistance as the means assessed against him exceeded the maximum rate payable to him. He was notified of the appeals officer's decision and he has not signed at his local office since 14 May 1985.

165.

Mr. Coughlan

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

An applicant for unemployment benefit who is a landholder and whose income from his holding exceeds £2 daily is not entitled to unemployment benefit unless he satisfies the contribution condition of having 78 contributions paid in a three year period. The person concerned is a landholder whose income from his holding exceeds £2 daily. Following protracted inquiries it has now been established that he satisfies the contribution condition of 78 contributions paid in a three year period.

His claim to unemployment benefit has been allowed at £80.15 weekly from 19 January 1985 being the appropriate rate applicable to a married man with two qualified children. He is currently engaged in intermittent employment and signs of the unemployment register in respect of any days of employment. Arrangements are being made to pay all arrears of unemployment benefit due to him next week and further weekly payments will continue to be made to him as they become due and subject to his satisfying the condition of being unempployed and fully available for work.

166.

asked the Minister for Social Welfare the reason for the withdrawal of a living alone allowance from a person (details supplied) in County Galway.

The person concerned ceased to be entitled to a living alone allowance in June 1984 when the old age pension with which it was payable was withdrawn on the grounds that he no longer satisfied the statutory conditions as to means. His means, comprising a British retirement pension and income from a holding were in excess of the statutory limit for entitlement to pension.

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