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Dáil Éireann debate -
Tuesday, 2 Jul 1985

Vol. 360 No. 1

Written Answers. - Social Welfare Benefits.

78.

asked the Minister for Social Welfare if he will pay an increased pension to a person (details supplied) in County Wexford.

There is no record of receipt of a claim for a pension under the Social Welfare Acts from the person concerned. If she feels she satisfies the means test she may apply for a non-contributory widow's pension, if that is appropriate to her situation, or for a non-contributory old age pension on reaching age 66. The Department have no function regarding payment of a retirement pension by the British Department of Health and Social Security and any inquiry regarding that pension should be addressed directly to the British authorities, quoting the relevant pension reference number.

79.

asked the Minister for Social Welfare when he will increase to an acceptable level the single woman's allowance of a person (details supplied) in County Wexford.

The person concerned is at present in receipt of a single woman's allowance at £17.35 weekly the appropriate rate for a single woman with means of £17.76 assessed against her. Her means are derived from benefit and privilege from board and lodgings on her brother's holding and from capital.

80.

asked the Minister for Social Welfare if he is aware that categories of farm labourers are paid less for working a full week than the amount they would draw in unemployment assistance or benefit as in a case (details supplied); and if he will make a statement on the matter.

The current statutory minimum wage for farm labourers is £99.73 on average nationally, just half the average male adult wage in industry. In the case of large families the additions to the personal rate in respect of adult and child dependants can sometimes result in weekly unemployment payments which are close to, if not higher than, earnings from very low paid work. This happens in only a very small proportion of cases.

The family income supplement scheme is designed to maintain the incentive to work by topping up the wages of low paid workers with families. For example, a farm labourer with seven children, who is on the average statutory minimum wage would be entitled to a weekly supplement of £18, bringing his gross income up to £117.73.

In a further development of family support within the social welfare system, the Government are planning to introduce a child benefit scheme which will incorporate a partial reduction in the child dependant increases to various social welfare payments into a higher monthly benefit. This will be paid regardless of whether the family breadwinner is at work or not, and will help to maintain a reasonable balance between earnings and unemployment payments.

81.

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

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 in receipt of a qualifying payment and resides with his wife who is not from the information furnished permanently incapacitated as required by the scheme. His application was rejected the reason for it on 3 October 1984.

82.

asked the Minister for Social Welfare the reason a pension has been reduced in the case of a person (details supplied) in County Roscommon.

Following a review of the old age pension entitlements of the person concerned it was discovered that her means consisting of half the weekly value of a holding increased since the date of her last assessment. Accordingly it was decided that she is entitled to an old age pension at the weekly rate of £25.30 from 21 June 1985.

83.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who applied in April 1985 for an unmarried mother's allowance in respect of her twins, will receive payment as a long and short version of the birth certificates have been forwarded as requested.

The person concerned has been awarded an unmarried mother's allowance at the maximum rate with effect from 17 January 1985, the Thursday following the birth of the twins. An allowance book with orders payable from 20 June 1985 was issued to the designated post office on 19 June 1985 for collection by her and she was notified accordingly. Arrears for the period from 17 January 1985 to 19 June 1985, after adjustment in respect of supplementary welfare allowance and maternity allowance paid to her during the same period, will be sent to her direct by payable order shortly.

84.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny will receive payment of arrears as she received her book five weeks ago.

A payable order for the arrears in question, after deductions for supplementary welfare allowance paid to her by the South Eastern Health Board, has now been sent to the person concerned.

85.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny will receive an unmarried mother's allowance applied for six weeks ago.

The person concerned has been awarded an unmarried mother's allowance with effect from 21 March 1985, the Thursday following the birth of her child. An allowance book with orders payable from 27 June 1985 was issued to the designated post office on that date for collection by her and she was notified accordingly. Arrears for the period from 21 March 1985 to 26 June 1985, after adjustments in respect of maternity benefit and supplementary welfare allowance paid to her in the same period, will be sent direct to her shortly by means of a payable order.

86.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who applied for an unmarried mother's allowance will receive payment.

The person concerned has been awarded an unmarried mother's allowance with effect from 18 April 1985 the date of birth of her child. An allowance book with orders payable from 27 June 1985 has been issued to the designated post office for collection by her and she has been notified accordingly. Arrears for the period 18 April 1985 to 26 June 1985, after adjustment in respect of unemployment benefit and maternity benefit paid to her during the same period, will be sent direct to her shortly by means of a payable order.

87.

asked the Minister for Social Welfare the reason an old age pension has been reduced to £4 per week in the case of a person (details supplied) in County Tipperary as she has very little means; if this will be rectified; and the amount which will be paid.

Following a routine investigation of the old age pension entitlements of the person concerned, it was found that her means had increased since the date of the last assessment. Her means comprising of the weekly value of capital and ex-gratia pension exceed the then statutory limit of £44 weekly. Accordingly, it has been decided that she is not entitled to any old age pension from 24 May 1985 to 11 July 1985, but will be entitled to £4 per week from 12 July 1985, when the statutory limit for entitlement will be extended.

88.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 5 is only in receipt of unemployment assistance at the rate of £15.60 per week; and if he will make a statement on the matter.

The person concerned exhausted his entitlement to unemployment benefit on 28 June 1985. Following investigation of his claim to unemployment assistance he was assessed with means of £16.35 weekly derived from the value of board and lodgings in his parent's home. He is accordingly entitled to unemployment assistance at £16.45 weekly the appropriate rate £32.80 less means £16.35 from 29 June 1985, and weekly payments of £18.60 the appropriate rate £34.95 less means £16.35 from 3 July 1985. He has appealed against the amount of means assessed against him and his case has been 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.

89.

asked the Minister for Social Welfare the reason he has denied unemployment benefit to a person (details supplied) in Dublin 5 who has made himself available for work with the Irish Press Group but has been locked out by the company; and if he will make a statement on the matter.

Under the provision of section 35 of the Social Welfare (Consolidation) Act, 1981, a person who loses his employment by reason of a stoppage of work due to a trade dispute at his place of employment is disqualified from receiving unemployment benefit unless he comes within certain categories which are exempt from this general disqualification. The claim to unemployment benefit of the person concerned was disallowed by a deciding officer under this section of the Act. An appeal against the disallowance was recently lodged by the Irish Print Union on behalf of the person concerned and other members of that union whose claims to unemployment benefit were also disallowed. The appeal is listed for hearing on 19 July 1985.

90.

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

The person concerned applied for unemployment assistance and his case was referred to a social welfare officer for investigation of his means. These inquiries were recently completed and arrangements are being made to submit the case to a deciding officer for assessment of means. His entitlement to unemployment assistance will be determined in the light of the decision of the deciding officer.

91.

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 County Cork.

The claim of the person concerned to a deserted wife's payment is at present under investigation. She has been visited by a local officer of the Department but it will also be necessary to have her husband interviewed. An officer will call on him within the next week or so and when the reports on the case are received a decision will be given and the claimant will be notified. Meanwhile she is in receipt of separate payments of the dependants' portions of her husband's unemployment assistance.

92.

asked the Minister for Social Welfare when arrears of an invalidity pension which are due for approximately nine weeks will be paid to a person (details supplied) in County Clare.

Arrears were issued to the person concerned on 14 June 1985.

93.

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

Entitlement to unemployment assistance is subject to the condition that an applicant must be available for and genuinely seeking work. The entitlement of the person concerned to unemployment assistance cannot be determined until the completion of extensive inquiries being made at present to establish when and why her employment was terminated and to ascertain if she is available for work. Her entitlement to unemployment assistance will be determined in the light of the outcome of these inquiries.

94.

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

The person concerned was in receipt of maternity benefit from 8 April 1985 to 29 June 1985. According to the Department's records her last claim to unemployment benefit terminated in November 1984 and she has not made any fresh claim since that date. Further inquiries will be made in the matter if the Deputy will furnish details of the type of benefit claimed and the date on which the application was lodged.

95.

asked the Minister for Social Welfare if he will ensure that unemployment assistance is now paid to a person (details supplied) in Dublin 12 whose unemployment benefit was discontinued on 10 May 1985, and who has not received any payment since.

The person concerned was assessed with means of £29.30 weekly derived from benefit from his wife's earnings. He is accordingly entitled to unemployment assistance at £27.15 weekly the appropriate rate £56.45 less means £29.30. All arrears due to him were paid last week and weekly payments of £27.15 will continue to be made as they become due.

96.

asked the Minister for Social Welfare if he will consider persons who have paid stamps prior to 1953 for a contributory old age pension; if he will take steps to change the legislation in this regard if necessary; and in the case of a person (details supplied) in Dublin 12, if he will allow a contributory old age pension to issue to her.

The Social Welfare Acts provide that one of the qualifying conditions for the receipt of a contributory old age pension requires the claimant to have a yearly average of at least 20 qualifying contributions from 5 January 1953 or from his year of entry into insurance, whichever is the later, to the end of the last complete contribution year before he reached pension age. Therefore, pre-1953 contributions cannot be taken into account for the purpose of calculating a person's yearly average.

The husband of the person concerned reached age 66 years on 17 March 1979. He claimed a contributory old age pension on 4 December 1980. The Department's records show that he was insured at the modified rate payable in respect of permanent and pensionable public servants from 1950 to his retirement in 1978. This rate provides entitlement to a restricted range of benefits only. It does not include cover for contributory old age pension or retirement pension and is not, therefore, a qualifying contribution for either pension. In the circumstances he cannot be awarded a contributory old age pension or retirement pension. The qualifying conditions for contributory old age pension and retirement pension are among the matters being examined by the Commission on Social Welfare in its general review of social welfare schemes.

97.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 11 did not receive full unemployment assistance for the period during which he was not living at home.

The person concerned is at present in receipt of unemployment assistance at £17.80 weekly the appropriate rate £32.80 less means £15 derived from the value of board and lodging in his parents' home. He did not notify his local office when he left his parents home or apply for a review of his means during the period he was away from home. Accordingly his claim continued in payment at the same rate as when he was living at home. However, his case is now being referred to a social welfare officer for inquiries and when these inquiries are completed his rate of unemployment assistance for the period concerned will be reviewed.

98.

asked the Minister for Social Welfare when pay-related benefit will be issued 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 had to be made to ascertain the 85 per cent limit applicable in his case. These inquiries have now been completed and pay-related benefit has been allowed at the rate of £42.75 weekly. All arrears of pay-related benefit due will be issued to him next week. He ceased to sign as unemployed after 15 June 1985.

99.

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

A person who has exhausted his entitlement to unemployment benefit cannot requalify for benefit until he has a further 13 weeks of employment which is insurable at a contribution class which provides cover against unemployment. Any weeks of appropriate insurable employment after 156 days of benefit have been drawn are counted for this purpose.

The person concerned was in receipt of unemployment benefit up to 28 March 1985 when he exhausted his entitlement to 390 days benefit. He was employed intermittently as a mart worker during the period of his claim to benefit and inquiries are being made to establish if this employment was insurable at a contribution class which provides cover against unemployment. His entitlement to unemployment benefit from 29 March 1985 will be determined when these inquiries are completed.

100.

asked the Minister for Social Welfare the reason the rate of unemployment assistance being paid to a person (details supplied) in County Kilkenny was reduced; and if he will have his case reinvestigated and the full rate of assistance paid.

The person concerned was in receipt of unemployment assistance up to 15 February 1985 at the weekly rate of £60.55 being the appropriate rate £79.50 less means £18.95 weekly derived from capital. His son reached 18 years of age on 16 February 1985 and accordingly as he was not entitled to an increase for him from that date the rate of unemployment assistance payable to him was reduced to £53.30 weekly.

His case was subsequently reinvestigated by a social welfare officer and his means were assessed with effect from 29 May 1985 at £27 weekly derived from capital and the value of board and lodgings on his brother's holding. He is accordingly entitled to the weekly rate of £45.25 being the appropriate rate £72.25 less means £27. He recently appealed against the amount of means assessed against him and arrangements are being made to refer the case to an appeals officer for determination. His rate of unemployment assistance will be reviewed in the light of the decision of the appeals officer.

101.

asked the Minister for Social Welfare if he will investigate the possibility of having a contributory old age pension paid to a person (details supplied) in County Kilkenny who is presently in receipt of a non-contributory old age pension.

One of the qualifying conditions for the receipt of a contributory old age pension requires the claimant to have a yearly average of at least 20 qualifying contributions from 5 January 1953 or from his year of entry into insurance, whichever is the later, to the end of the last complete contribution year before he reached pension age. The person concerned claimed a contributory old age pension on 16 January 1985.

The Department's records show that he has a total of 378 qualifying contributions in the relevant period which, in his case, is from 5 January 1953 to 5 April 1984. This is equal to a yearly average of only 12 and, therefore, he does not qualify for a contributory old age pension. The person concerned and his wife are in receipt of non-contributory old age pension.

102.

asked the Minister for Social Welfare the reason the amount of unemployment assistance being paid to a person (details supplied) in County Kilkenny was reduced; and if he will arrange to have his case reinvestigated and the full rate of assistance paid.

The unemployment assistance claim of the person concerned was allowed from 28 February 1984 with an amount of £13.50 weekly assessed against him in respect of means derived from the benefit of board and lodgings in his parents' home. The amount of means assessed against him has not been altered since his claim was admitted and there has been no reduction in his weekly rate of payment. He is currently in receipt of £18.25 weekly the appropriate rate £31.75 less means £13.50. He recently applied for a review of his means and his case was referred to a social welfare officer for investigation. When these inquiries are completed his means will be reviewed and the rate of unemployment assistance payable to him determined accordingly.

103.

asked the Minister for Social Welfare when a person (details supplied) in County Laois will be paid arrears of pay-related benefit.

The person concerned was in receipt of unemployment benefit from 25 March 1985 to 25 May 1985 at £70.25 weekly the appropriate rate in his case.

His entitlement to pay-related benefit with flat rate unemployment benefit is subject to the condition that the weekly sum of pay-related venefit, flat rate unemployment benefit and income tax rebate may not exceed 85 per cent of his net average weekly earnings.

In order that his entitlement to pay-related benefit could be determined he was requested to supply full details of his income for the period 6 April 1984 to 22 March 1985 but he failed to supply this information. Further inquiries are being made to establish his earnings during this period and when they are completed his entitlement to pay-related benefit for the duration of his unemployment benefit claim will be determined.

He was accepted into the enterprise allowance scheme from 27 May 1985 and applied for payment of pay-related benefit in a lump sum in accordance with the conditions of that scheme. His entitlement to such payment will also be determined as soon as the inquiries concerning his earnings have been completed.

104.

asked the Minister for Social Welfare the present position with regard to an appeal made by a person (details supplied) in County Galway against his decision to grant him only 95p in unemployment assistance.

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 the social welfare officer for further inquiries. It is expected that the inquiries will be completed shortly and his case will then be referred to an appeals officer for determination. The rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer.

He is at present in receipt of unemployment assistance at the weekly rate of 95p being the appropriate rate £54.80 less means £53.85 derived from beneficial occupation of a holding and benefit from his wife's earnings.

105.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 13 has been found under the Social Welfare Acts not to have been in insurable employment for the period from April 1982 to date; and if he will make a statement on the matter.

Employment is insurable under the Social Welfare Acts if it is under a contract of service. Such a contract exists where there is a master-servant relationship between the employer and employee and where the employer has the right of control, direction and dismissal over the employee.

The person concerned, who is employed by a limited company, has described himself as a self-employed heating and plumbing installer. A survey carried out by an outdoor officer of the Department revealed that there are only two employees in the company, the person concerned and his wife who is a director of the company. It was held by the deciding officer that the person concerned although operating through the formal structure of a limited company is in reality in control and is not therefore employed under a contract of service. He decided that his employment was not therefore insurable under the Social Welfare Acts during the period from April 1982.

The person concerned was notified of this decision and advised that if he was dissatisfied with it he could appeal against it by notifying the Department in writing. To date no such notification has been received. The person concerned had paid contributions at the class A rate in respect of the 1982-83 and 1983-84 contribution years. He will be entitled to a refund of these contributions and this will be made to him shortly if he does not indicate that he wishes to have his case reviewed by an appeals officer. If he appeals, the refund procedure will be delayed until the appeals officer has given his decision. The person concerned claimed unemployment benefit in the years 1980, 1981 and 1982. However, the decision that his employment was not insurable since April 1982 does not affect any payments of benefit made in these years.

106.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 13 is being assessed as receiving £4,680 per annum since he is only in receipt of £50 per week; the reason he has been disqualified from unemployment assistance; 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. He appealed against the disallowance of his claim and an appeals officer on 5 December 1984 also decided that he had failed to disclose details of his means. He was informed accordingly. His claim was reinvestigated recently and he was assessed with means exceeding the statutory limit. His means are derived from self-employment. It is open to him to appeal if he is dissatisfied with this decision.

107.

asked the Minister for Social Welfare if a free electricity allowance can be approved for a person (details supplied) in County Mayo.

The person concerned was approved for a free electricity allowance in 1980 and as it is understood that she has recently moved residence, she has been asked to complete an application form for the allowance in respect of her new address. On receipt of the completed application in the Department the matter will be considered further and she will be notified of the outcome.

108.

asked the Minister for Social Welfare if benefit in respect of occupational disablement can be paid to a person (details supplied) in County Mayo.

The person concerned claimed disablement benefit under the occupational injuries scheme on 8 May 1985 in respect of the prescribed disease, occupational deafness. To qualify for disablement benefit in respect of the disease, the claimant is required to have been employed in an employment which is prescribed in respect of the disease for a period of at least ten years.

According to her claim, the employment concerned was over the period from October 1973 to August 1982. This was less than the required minimum of ten years. Apart from that it did not appear that the employment concerned was one within the categories of employment which are prescribed in respect of the occupational disease. The claim for disablement benefit was therefore disallowed. If she is disatisfied with the decision it is open to her to appeal against it.

109.

asked the Minister for Social Welfare if a deserted wife's allowance is payable to a person (details supplied) in County Mayo.

The claim of the person concerned to a deserted wife's payment is at present under investigation by a local officer of the Department. He is making inquiries about the claimant's current earnings and it is expected that these will be completed shortly. When the officer's report is received a decision will be given and the claimant will be notified of the outcome.

110.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in Dublin 11 who is a single parent with one child and is in urgent need.

The person concerned claimed unemployment benefit on 11 June 1985 and her claim has been allowed from that date at £56.27 weekly, the appropriate rate payable in her case. However arrears of benefit in respect of the period 11 June 1985 to 19 June 1985 have been withheld towards repayment of advances of supplementary welfare allowance which were paid to her pending a decision on her claim. Further weekly payments will be made as they become due.

111.

asked the Minister for Health the reason unemployment benefit is not being paid to a person (details supplied) in County Cork; and when this will be paid.

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 on 28 January 1985 but following the completion of inquiries her claim was disallowed on the grounds that she was not available for employment.

She continues to prove unemployment and it is open to her to appeal against the disallowance of her claim. A form for this purpose may be obtained at her local office. In the note submitted with the question it is suggested that the Department may have an incorrect RSI number for the claimant. The RSI number used by the Department is that applicable to her since she was married while the number quoted in the note is the one that was applicable to her before her marriage.

112.

asked the Minister for Social Welfare if all arrears of disability benefit have been paid to a person (details supplied) in County Galway.

The person concerned claimed disability benefit from 24 April 1985 to 29 May 1985 after which date she was certified fit to resume work. Payment was issued at the weekly rate of £32.75 the maximum rate appropriate to a married woman. She was also paid pay-related benefit at the weekly rate of £19.50 from 15 May 1985, nineteenth day of incapacity. All benefit payable in respect of her claim has been issued to her.

113.

asked the Minister for Social Welfare if he will arrange for the issue of a travel pass to a person (details supplied) in Dublin 12 who has now had a second travel pass snatched from her; and if he will arrange for this second replacement to issue without delay.

A replacement pass was issued to the person concerned on 26 June 1985.

114.

asked the Minister for Social Welfare when the appeal for disability benefit made by a person (details supplied) in County Louth will be heard.

Payment of disability benefit to the person concerned was disallowed from 25 February 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 14 May 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. The person concerned will be notified of the time and place of the hearing as soon as the arrangements have been made.

115.

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

The person concerned has been paid disability benefit from 16 May 1985, fourth day of incapacity, to 25 June 1985, the date of the latest medical certificate received. Pay-related benefit has been issued from 3 June 1985, nineteenth day of incapacity.

116.

asked the Minister for Social Welfare when the maximum rate of non-contributory old age pension will be paid to a person (details supplied) in County Cork.

It has been decided that the person concerned is entitled to old age pension at the maximum weekly rate of £62.05, which includes £20.75 adult dependant allowance, from 16 November 1984. The appropriate pension book and arrears due have issued.

117.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Cork who applied in January 1985, and is still awaiting payment.

The person concerned claimed unemployment benefit on 14 January 1985. According to the Department's records he did not satisfy the contribution conditions during the contribution period 6 April 1983 to 5 April 1984 which governed entitlement to his claim. His claim was accordingly disallowed and he was informed of the decision and advised to apply for unemployment assistance.

He only recently applied for unemployent assistance and the case was referred to a social welfare officer for investigation of his means. It is expected that the inquiries of the social welfare officer will be completed shortly and his case will then be referred to a deciding officer for assessment of means. His application for unemployment assistance will be determined in the light of the decision of the deciding officer.

118.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid a prescribed relative allowance.

It has been decided that the person concerned is not entitled to prescribed relative allowance as she does not fulfil the statutory conditions. The condition which requires that the prescribed relative must be residing with the pensioner for the purpose of providing full time care and attention is not satisfied in her case.

119.

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

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 medical evidence submitted by the person concerned in respect of his wife with whom he resides is insufficient to enable a decision to be given in his case. He was, therefore, requested on 18 June 1985 to furnish a comprehensive medical certificate in respect of his wife. On receipt of the completed certificate in the Department an early decision will be given in his case and he will be notified of the outcome.

120.

asked the Minister for Social Welfare when an unmarried mother's allowance will be paid to a person (details supplied) in County Cork.

The person concerned has been awarded an unmarried mother's allowance at the maximum rate with effect from 24 January 1985, the Thursday following the birth of her child. An allowance book with orders payable from 27 June 1985 was issued on that date to the designated post office for collection by her. Arrears for the period from 24 January 1985 to 26 June 1985, less an amount in respect of supplementary welfare allowance paid to her during the same period, will be sent direct to her shortly by payable order.

121.

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

The entitlement of the person concerned to unemployment assistance cannot be determined until the social welfare officer investigating his means completes his inquiries. When these inquiries are completed his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.

122.

asked the Minister for Social Welfare if payment of a retirement pension will be made to a person (details supplied) in County Wexford from the date he reached 65 years of age.

The person concerned claimed a retirement pension on 17 June 1985 and has been awarded the pension at the maximum rate with effect from 27 June 1985, the day after he reached age 65. He is at present in receipt of an invalidity pension and has been asked to return his book for this latter pension to the Department. When this is done a retirement pension book will be issued to the designated post office for collection by him. Arrears of retirement pension from 27 June 1985, less the amount of invalidity pension paid after that date, will be issued direct to him by payable order.

123.

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

Where a person has less than 156 contributions paid since entry into insurable employment, entitlement to disability benefit is limited to 52 weeks. According to the records of the Department the person concerned has only 145 contributions paid on her behalf since entry into insurance. She claimed disability benefit from 22 May 1984 and was paid to 23 April 1985 after which date her 52 week entitlement became exhausted.

In order to requalify for disability benefit it will be necessary for her to have at least a further 11 weeks of insurable employment for which the appropriate contributions are paid.

124.

asked the Minister for Social Welfare the reason a person (details supplied) in County Monaghan has received no disability benefit.

The person concerned claimed disability benefit from 28 July 1983. Benefit has been issued from that date to 6 July 1985, at the maximum rate payable. The person concerned reported non-receipt of four disability benefit cheques covering the period from 3 June 1985 to 29 June 1985. Four forms of indemnity have been issued to him in respect of these cheques and the issuing of replacement cheques will be considered on receipt of the completed forms in the Department.

125.

asked the Minister for Social Welfare if an old age pensioner (details supplied) in County Wexford will be approved for a free telephone rental allowance for which she applied recently.

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 her on 28 June 1985. On receipt of the completed application form in the Department an early decision will be given in the case and she will be notified of the outcome.

126.

asked the Minister for Social Welfare when a decision will be made on the appeal of a person (details supplied) against a decision to refuse to grant her disability benefit from December 1984 to February 1985.

It was decided by an appeals officer on 26 September 1984 that the person concerned was not incapable of work during the period 27 February 1984 to 20 August 1984 (the date of the latest medical certificate before him at that time). She continued to submit medical evidence of incapacity and her claim from 21 August 1984 was also disallowed.

She appealed against this disallowance and she was examined on 10 December 1984 by a medical referee who considered her to be incapable of work from 10 December 1984. Payment of benefit was restored from that date. Her claim for the period 21 August 1984 to 8 December 1984 was referred to an appeals officer for determination. The appeals officer decided that she was not incapable of work during the period from 21 August 1984 to 8 December 1984 (after which date she was found incapable of work due to a different incapacity) and is not entitled to be paid disability benefit in respect of that period. The person concerned was advised accordingly on 28 June 1985.

127.

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

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 22 August 1983 and payment is being made at regular weekly intervals. Arrangements are being made to have him examined by a medical referee on 10 July 1985. His entitlement to invalidity pension will be reviewed in the light of the report of that examination.

128.

asked the Minister for Social Welfare when a person (details supplied) in County Offaly who applied for unemployment assistance on 13 March will be paid.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to disclose details of her means to the social welfare officer investigating her case she failed to show that her means did not exceed the statutory limit. She subsequently indicated her willingness to co-operate and the case was again returned to the social welfare officer for completion of his inquiries. Following completion of these inquiries her means were assessed at £20.95 weekly derived from the value of board and lodgings in her parents home.

She is accordingly entitled to unemployment assistance at £9 weekly the appropriate rate £29.95 less means £20.95. Her claim was put into payment on 27 June 1985 but arrears due from 13 March 1985 were withheld towards repayment of supplementary welfare allowance advanced to her by her local health board. Weekly payments of £9 will continue to be made as they become due.

129.

asked the Minister for Social Welfare the outcome of the appeal submitted four months ago by a person (details supplied) in County Offaly who is in receipt of old age pension at the rate of £11.05 per week.

The person concerned applied for an increase in the rate of his old age pension on 29 May 1985. This application has been referred to the social welfare officer for investigation and when inquiries have been completed a decision will be made and the pensioner will be notified of the outcome.

130.

asked the Minister for Social Welfare the reason unemployment benefit has not been paid to a person (details supplied) in County Offaly in view of the fact that he has been signing at Tullamore exchange since 2 May 1985.

The entitlement of the person concerned to unemployment benefit could not be determined until inquiries had been made to establish that he fulfilled the condition of being available for work.

These inquiries were recently completed and his claim was allowed at the maximum flat rate for a single person £37.25 weekly. In addition he qualified for pay-related benefit of £23.47 weekly based on his earnings in the relevant income tax year 6 April 1983 to 5 April 1984. All arrears of unemployment benefit and pay-related benefit due were paid last week less an amount in respect of supplementary welfare allowance paid to him by the health board pending a decision on his claim. Further combined weekly payments of £60.72 in respect of unemployment benefit and pay-related benefit will be made as they fall due.

131.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Laois who applied 18 weeks ago.

Entitlement to unemployment assistance is subject to the condition that an applicant must be available for and genuinely seeking work. The person concerned, a postal applicant, claimed unemployment assistance on 19 March 1985. In view of the fact that she had no employment since 1974 she was written to and asked to indicate whether she was available for and genuinely seeking work. No reply was received to this query or to subsequent letters sent on 2 April, 1 May and 9 May 1985.

Arrangements are now being made to interview her and explain to her the required conditions for receipt of unemployment assistance. However pending this interview, as a result of particular circumstances obtaining in her case which recently came to light, her claim has been allowed for the moment. Her continuing entitlement to unemployment assistance will be reviewed in the light of the outcome of the interview.

132.

asked the Minister for Social Welfare when a deserted wife's allowance will be paid to a person (details supplied) in Dublin 22.

One of the conditions for receipt of a deserted wife's payment requires a husband to have left his wife of his own volition. The claim of the person concerned to a deserted wife's payment was refused on the grounds that this condition was not fulfilled. She appealed against this decision and her case is with an appeals officer for determination. She will be notified of the date and venue of the hearing should the officer decide to hold an oral hearing of the appeal.

133.

asked the Minister for Social Welfare if he will investigate the amount of benefit being paid to a person (details supplied) in Dublin 22.

The rate of unemployment benefit payable to an applicant is reduced after 156 days of benefit if he does not satisfy the contribution condition of having 280 paid contributions in a seven year period. The person concerned has claimed unemployment benefit intermittently since 26 February 1984. However, as he did not satisfy the contribution condition of having 280 paid contributions in the seven year period the rate of unemployment benefit payable to him was reduced from £104.75 weekly to £90.20 weekly from 6 June 1985, the 157th day of his claim.

His 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 his net average weekly earnings. In order that his entitlement to pay-related benefit can be determined he has been requested to supply full details of his earnings for the period 6 April 1983 to 25 February 1984 but to date he has failed to do so. Further inquiries are being made to establish his earnings during this period and when they are completed his entitlement to pay-related benefit will be determined.

134.

asked the Minister for Social Welfare when a decision will be made on the application for a retirement pension of a person (details supplied) in County Donegal.

One of the qualifying conditions for receipt of a retirement pension under the Social Welfare Acts requires the person concerned to have a yearly average of at least 24 reckonable contributions over the period from 5 January 1953 to the end of the last complete contribution year before he reached age 65. The person concerned does not satisfy the condition as the Department's records show that he had a total of only 15 Irish contributions in the required period, which in his case, is from 5 January 1953 to 5 April 1984. This is equal to a yearly average of less than one. Neither did he qualify for an old age contributory pension at age 66 for which he needs a yearly average of at least 20 reckonable contributions from 5 January 1953 to 5 April 1985.

Under EC Regulations he qualifies for an Irish pro rata retirement pension on the basis of his combined British and Irish records from 1953. The rate payable is calculated on the basis of the number of his Irish contributions in proportion to the combined total and in this case amounts to 75p per week in respect of himself and his wife from 7 June 1984, increased to 80p per week from 5 July 1984 and which will be further increased to 90p per week from 11 July 1985. In view of the low rate payable he is being asked if he wishes to have his pro rata pension paid quarterly, half yearly or yearly. The arrears payable from 7 June 1984 have been issued to him by payable order. He is also in receipt of a British retirement pension.

135.

asked the Minister for Social Welfare the reason it has taken since February last to adjudicate on the application for a deserted wife's allowance made by a person (details supplied) in Dublin 11 in view of the fact that she is endeavouring to maintain herself and her two children on an allowance of £46 per week out of which she must pay £8 per week rent; and whether he will direct that a favourable decision will be made in this case without any further delay.

The person concerned has been awarded deserted wife's benefit with effect from 21 March 1985 (three months following the date of desertion as provided for in the regulations governing the scheme) in respect of herself and two qualified children at the rate of £65.55 per week. This is a reduced rate of benefit based on a yearly average of 28 insurance contributions on her insurance record between her date of entry into insurance and the last complete contribution year prior to the date of desertion. For benefit at the maximum rate (in her case £67.90) an average of at least 48 contributions would be required. An order book payable from 4 July 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 21 March 1985 to 3 July 1985, less the amount of supplementary welfare allowance paid to her during that time, will be sent direct to her shortly.

As conveyed in reply of 30 April 1985 to the Deputy's previous question about this case, the original claim form was not received in the Department and it was necessary therefore to send another form to the claimant. When the completed form was returned the case was referred to a local officer for investigation and the decision in her favour was given following receipt of the officer's report.

136.

asked the Minister for Social Welfare the circumstances governing the allocation of an old age pension of £3 odd per month to a person (details supplied) in Dublin 11; if he will indicate whether the many demands on her husband's income, especially in respect of medication for both, were borne in mind; and if he will have this application re-examined with a view to granting her a pension which would be more in accord with justice and entitlements.

The person concerned was awarded old age pension with effect from 18 January 1985 at the weekly rate of £3.30. This is the rate to which she is entitled having regard to the assessment of her means comprising half the weekly value of her husband's occupational pension and capital. Medical expenses are not deductible in calculating means for old age pension purposes. The appropriate pension book payable from 5 April 1985 has issued and a payable order in respect of arrears due for the period 18 January 1985 to 4 April 1985 will be issued shortly. In addition to the old age pension payable to the person concerned, her husband is also in receipt of disability benefit.

137.

asked the Minister for Social Welfare if a person (details supplied) in County Galway is entitled to a contributory old age pension in view of the payment of insurance contributions totalling £520 on 3 May 1982.

According to the Department's records the person concerned was born on 14 December 1921. Her insurance record to date is sufficient to qualify her for retirement pension at age 65, or contributory old age pension at age 66. She is at present in receipt of a widow's pension and this will continue in payment to her until she claims retirement pension or contributory old age pension. She has a total of 320 contributions recorded in respect of her since her entry into insurance under the Social Welfare Acts in May 1974.

138.

asked the Minister for Social Welfare when unemployment assistance at the maximum rate will be granted to a person (details supplied) in County Kerry on appeal.

Following reinvestigation of his unemployment assistance claim the person concerned was assessed with means of £41.75 weekly from 9 January 1985. His means are derived from the profit from his holding. He appealed against the amount of means assessed against him and an appeals officer assessed his means at (1) £15.70 from 9 January 1985 and (2) £33.35 from 13 February 1985. All arrears due to him were paid on 20 June 1985 and weekly payments of £21.45 the appropriate rate £54.80 less means £33.35 will continue to be made as they become due. In the absence of fresh evidence or new facts the decision of an appeals officer is final.

139.

asked the Minister for Social Welfare when unemployment assistance at the maximum rate will be restored to a person (details supplied) in County Kerry on appeal.

Arising out of contentions made by the person concerned in support of his appeal against the amount of means assessed against him his case has been referred to a social welfare officer for further inquiries. When these inquiries are completed his case will be submitted 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. In the meantime he is in receipt of weekly payments of £6.45 the appropriate rate £79.50 less means £73.05. His means are derived from the profit from his holding.

140.

asked the Minister for Social Welfare if unemployment assistance can now be paid to a person (details supplied) in Dublin 13; and if he will make a statement on the matter.

Following investigation of the unemployment assistance claim of the person concerned she was assessed with means of £17.20 weekly derived from the value of board and lodging in her parent's home. She is accordingly entitled to unemployment assistance at £13.70 weekly the appropriate rate £30.90 less means £17.20. All arrears due to her were paid on 4 June 1985 and weekly payments of £13.70 continue to be made as they become due.

141.

asked the Minister for Social Welfare if he is aware that the Irish free travel pass is not valid in Britain or any of the other member States of the EC and if he will set procedures in motion to have such passes valid in all member countries of the EC.

The free travel facility which is available in this country to persons aged 66 and over and to permanently incapacitated beneficiaries under that age is unique and no similar state-sponsored scheme operates in other member states of the EC. An extension of this scheme to allow beneficiaries to travel free throughout the EC could, therefore, be expected to encounter significant difficulties of a practical nature and would have considerable financial implications. There are no proposals for such an extension in present circumstances. Concessionary travel on certain European rail and shipping services is, however, provided by certain transport companies to elderly persons under the rail europe senior scheme. This scheme is administered in Ireland by CIE.

142.

asked the Minister for Social Welfare the reason a claim for a non-contributory old age pension has been refused to a person (details supplied) in County Tipperary as he is not in possession of any lands and he has no obvious means; and when this decision will be reviewed.

It has been decided by an appeals officer that the person concerned is not entitled to an old age pension on the grounds that he does not fulfil the statutory condition as to means. The assessment of his means, comprising of the weekly value of capital and a holding exceed the statutory limit for entitlement to pension. The Deputy's question has been accepted as a repeat claim to old age pension on behalf of the person concerned. The case is being forwarded to the social welfare officer for investigation. On completion of inquiries it will be referred for decision. The person concerned will be notified of the outcome in due course.

143.

asked the Minister for Social Welfare the reason the old age pension of a person (details supplied) in County Limerick has recently been reduced.

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 was decided, on 5 July 1984, that he is entitled to an old age pension at the weekly rate of £46 from 28 October 1983 and £50.05 from 6 July 1984 which include an adult dependant allowance in respect of his wife. These are the rates to which he is entitled having regard to the assessment of his means consisting of half the weekly value of annuities under a deed. The pensioner was notified of this decision and pension at the appropriate rate was put into payment at that time.

144.

asked the Minister for Social Welfare if he will consider granting a permanent disability allowance book to a person (details supplied) in County Limerick; and if he will make a statement on the matter.

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 24 November 1980 and payment is being made at regular weekly intervals. Arrangements are being made to have him examined by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of that examination.

145.

asked the Minister for Social Welfare if he will make free electricity, a television licence and a telephone rental allowance available to a person (details supplied) in County Cork.

An application for a free electricity allowance received from the person concerned has been approved and the ESB have advised that the allowance has been applied to her electricity account from the April-May 1985 billing period onwards. She also qualifies for a free television licence which may be obtained on application at the local post office. Her application for a free telephone rental allowance was approved with effect from 19 February 1985. She was notified accordingly on 4 June 1985. Telecom Eireann are aware of the decision in the case and will arrange to apply the allowance to her telephone account.

146.

asked the Minister for Social Welfare if he will pay arrears of a free electricity allowance to a person (details supplied) in County Cork.

The person concerned was approved for a free electricity allowance in 1979 and as she recently moved residence the allowance was terminated at her old address and transferred to her new one. No loss of allowance occurred.

Details available concerning her consumption of electricity at her new residence indicate that she has used units in excess of the amount allowed free under the scheme and she is therefore liable for the additional cost incurred.

It is understood that the person concerned is the registered consumer at both her old and new addresses and she would, therefore, need to contact the ESB with a view to terminating her account at her old address.

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