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Dáil Éireann debate -
Tuesday, 9 Jul 1985

Vol. 360 No. 5

Written Answers. - Social Welfare Benefits.

74.

asked the Minister for Social Welfare the reason unemployment benefit is not being paid to a person (details supplied) in County Cork.

Entitlement to unemployment benefit is subject to the condition that a claimant must be fully available for and genuinely seeking work. The person concerned claimed unemployment benefit on 25 March 1985 but her claim was disallowed on the grounds that by reason of being available for part time work only she did not fulfil the condition of being available for work.

She appealed against the disallowance and attended an oral hearing of her case on 22 May 1985. The appeals officer also decided that she was not available for work from 25 March 1985. She was notified of the decision of the appeals officer on 29 May 1985 and she ceased to sign the unemployment register after that date.

75.

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

One of the qualifying conditions for receipt of a retirement pension under Social Welfare Acts requires a person to have a yearly average of at least 24 reckonable contributions over the period from the beginning of the 1953 contribution year or from the year of entry into insurance, whichever is the later, to the end of the last complete contribution year before reaching pension age.

The Department's records show that the person concerned had a total of 205 reckonable contributions in the relevant period which, in his case, is from 4 January 1960 to 5 April 1984. This is equal to a yearly average of only eight and he does not, therefore, qualify for a retirement pension. Neither will he qualify for an old age contributory pension at age 66. A yearly average of at least 20 is required for this latter pension. Depending on his means, he may qualify for a non-contributory old age pension when he reaches age 66. A claim form for this latter can be obtained at any post office.

76.

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

The person concerned claimed unemployment benefit on 24 June 1985 and her claim was allowed at the appropriate rate £42.95 weekly being flat rate unemployment benefit of £37.25 and pay-related benefit of £5.70. Further weekly payments will be made as they become due.

77.

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

Following re-investigation of his unemployment assistance claim the means of the person concerned were assessed at £62.90 weekly derived from the value of capital and profit from his holding. He appealed against the amount of means assessed against him and following an oral hearing an appeals officer assessed his means at £58.05 weekly. He is accordingly entitled to unemployment assistance at £4.90 weekly the appropriate rate £62.95 less means £58.05. All arrears due were paid to him.

He recently applied for a review of his means and his case has been referred to a social welfare officer for investigation. His rate of unemployment assistance will be reviewed in the light of the outcome of this investigation.

78.

asked the Minister for Social Welfare if he will expedite an appeal for an increased old age pension on behalf of a person (details supplied) in County Cork.

The person concerned is in receipt of an old age pension at the weekly rate of £9.30. This is the rate to which he is entitled having regard to the assessment of his means comprising the weekly value of a holding and capital. An appeal against the pension awarded in this case was recently referred to an appeals officer for determination. The appeal will be decided as soon as possible and the pensioner will be notified of the outcome.

79.

asked the Minister for Social Welfare if he will expedite an appeal for an increased old age pension on behalf of a person (details supplied) in County Cork.

Recent representations from the Deputy have been accepted as an application for increase in the existing rate of old age pension of the person concerned. The application has been forwarded to the social welfare officer for investigation. When inquiries have been completed it will be referred for decision. The pensioner will be notified of the outcome in due course.

80.

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

The person concerned did not request an oral hearing of his appeal against the means assessment of £11.20 weekly on his unemployment assistance claim. The appeals officer was satisfied that he could deal with the case on the basis of the facts available to him and also assessed him with means of £11.20 weekly on 4 April 1985. He was informed of this decision. He is accordingly entitled to unemployment assistance at £22.60 weekly the appropriate rate £33.80 less means of £11.22 derived from the benefit of board and lodgings in his brother's home.

81.

asked the Minister for Social Welfare the reason unemployment assistance is not being paid to a person (details supplied) in County Cork as he has co-operated fully with the social welfare officer in all investigations.

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 this disallowance and his case was returned to the social welfare officer to give him a further opportunity to co-operate. Following these inquiries a deciding officer in a revised decision assessed him with effect from 11 September 1984 with means of £38.45 weekly derived from beneficial occupation of his father's holding. He is accordingly entitled to £33.80 weekly the appropriate rate £72.25 less means £38.45. All arrears due were paid to him last week and weekly payments will continue as they become due.

82.

asked the Minister for Social Welfare if he will expedite an appeal for increased unemployment assistance on behalf of a person (details supplied) in County Cork.

The person concerned applied for a qualification certificate on 22 March 1985 and following investigation of his claim he was assessed with means of £55.69 weekly derived from an Army pension. He did not appeal the means assessment or apply for unemployment assistance. He ceased to sign as unemployed at his local office from 12 June 1985, the date on which he exhausted his entitlement to unemployment benefit.

83.

asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford has not been paid 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. It has not been possible from the information supplied to trace a disability benefit claim or invalidity pension claim for the person concerned. The RSI number quoted does not refer to the person mentioned by the Deputy in the details supplied with the question. If the correct RSI number of the claimant can be quoted this will enable the claim to be identified and the information sought by the Deputy to be supplied.

84.

asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford has not received payment of unemployment benefit.

The person concerned claimed unemployment benefit on 13 May 1985 but his claim could not be determined until inquiries to establish the reason he left his employment and if he was available for work had been completed. These inquiries were recently completed and his claim has been allowed at the weekly rate of £57.50 being unemployment benefit of £37.25 and pay-related benefit of £20.25. All arrears due were paid to him last week and further weekly payments will continue to be made as they become due.

85.

asked the Minister for Social Welfare when unemployment assistance due to a deceased person (details supplied) in County Kerry who was signing for 14 weeks prior to his death will be paid to his brother; and if he will make a statement on the matter.

The deceased person qualified for unemployment benefit for the period 14 January 1985 to 23 April 1985. Arrears of £265.29, being the total amount of unemployment benefit due for the period, after deduction of supplementary welfare allowance paid to him pending determination of his claim, were claimed by his mother and paid to her on 28 June, 1985.

86.

asked the Minister for Social Welfare when an increase in old age pension will be granted to a person (details supplied) in County Kerry; and when all arrears due to her will be paid.

The person concerned is in receipt of old age pension at the weekly rate of £39.30. 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. Her pension is being increased by £2.70 a week from Friday next, under the general increase announced in this year's budget, and the appropriate supplementary pension book has been issued.

87.

asked the Minister for Social Welfare when a free telephone rental allowance will be granted to a person (details supplied) in County Kerry in view of medical certificates submitted.

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. Both the person concerned and his wife with whom he resides are in receipt of qualifying payments. Either one of them could therefore qualify for the allowance provided the other one is permanently incapacitated as required by the scheme. From the medical evidence furnished this is not the case and the application had therefore to be rejected. The applicant was notified of this decision and the reason for it on 29 April 1985.

88.

asked the Minister for Social Welfare when a person (details supplied) in Dublin 11 ceased paying insurance contributions; and if any contributions were made between 1964 and 1968.

According to the records of the Department contributions ceased to be paid in respect of the person concerned in 1978. Details of the contributions paid and credited on his behalf during the period 1964 to 1968 are as follows:—

Contribution Year

Contributions

Paid

Credited

1964

Nil

51

1965

5

21

1966

48

1

1967

26

24

1968

16

34

Since 1978 he has a full record of credited contributions. He has been in receipt of invalidity pension since 5 November 1981.

89.

asked the Minister for Social Welfare the present position regarding the application of a person (details supplied) in County Kerry for a blind pension.

The blind pension claim of the person concerned has been forwarded to the social welfare officer for investigation. When inquiries have been completed it will be referred for decision. The claimant will be notified of the outcome in due course.

90.

asked the Minister for Social Welfare when a person (details supplied) in Dublin 1 will receive an old age pension.

It has been decided that the person concerned is entitled to an old age pension from 31 May 1985 at the maximum weekly rate of £44.50 which includes a living alone allowance of £3.20. The appropriate pension books payable from 5 July 1985 have been issued and a payable order in respect of the arrears due will be issued shortly.

91.

asked the Minister for Social Welfare if he will now review the application of a person (details supplied) in County Dublin for disability benefit from 16 July 1984; if he will arrange approval for payment of disability benefit from 16 July 1984 having regard to the fact that notwithstanding prior findings to the contrary by officers of his Department, eventually this person's claim was admitted but only as from 22 January 1985, whereas in fact, as will appear from the record, her medical condition was exactly the same from July 1984, as it was in January 1985; the reason payment has not been made to her since February 1985, although she was found incapable and the appropriate and necessary certificates were furnished by her; and if he will make a statement on the matter.

An appeals officer decided on 31 January 1985 that the person concerned was not incapable of work during the period from 16 July 1984 to 21 January 1985 (the date of the latest medical certificate before him at that time) and is not entitled to be paid disability benefit in respect of that period. She continued to submit medical evidence of incapacity and her claim from 22 January 1985 was disallowed. She appealed against the disallowance and she was examined on 29 April 1985 by a different medical referee who considered her to be incapable of work from 22 January 1985. Her claim was re-admitted from that date and all disability benefit payable to 14 June 1985 the date of the latest medical certificate received has been issued.

In view of new medical evidence obtained at the medical examination of 29 April 1985, the appeals officer has decided to hold another oral hearing on 15 July 1985 in respect of the period 16 July 1984 to 21 January 1985. The person concerned has been notified of the time and place fixed for the hearing.

92.

asked the Minister for Social Welfare when a decision will be taken on an appeal against a reduction in unemployment assistance payable to a person (details supplied) in County Donegal.

Arising out of contentions made by the person concerned in support of his appeal, his case was referred to a social welfare officer for further inquiries. These inquiries have been completed and his case has been referred to an appeals officer for determination.

The appeals officer will deal with his case at the first available opportunity. In the meantime he is in receipt of unemployment assistance at £4.95 weekly the appropriate rate £115.95 less means £111 derived from self-employment. He is also in receipt of £100 per week supplementary welfare allowance pending the outcome of his appeal.

93.

asked the Minister for Social Welfare if unemployment assistance will be paid to a person (details supplied) in County Cork in respect of the period for which she was unemployed.

The unemployment assistance claim of the person concerned could not be determined as she did not make herself available for interview by the social welfare officer investigating her means. The social welfare officer called at her home address on a number of occasions including a notified call. Her case will now be referred to a social welfare officer for further inquiries and her entitlement to unemployment assistance for the period for which she signed as unemployed will be determined in the light of the outcome of these inquiries.

94.

asked the Minister for Social Welfare when a decision will be given on the application by a person (details supplied) in County Cork for a free telephone rental allowance.

There is no record in the Department of receipt of an application for a free telephone rental allowance from the persons concerned. An application form was issued to them on 4 July 1985. On receipt of the completed application form in the Department an early decision will be given in the case and they will be notified of the outcome.

95.

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

It has been decided by an appeals officer that the person concerned is entitled to an old age pension at the weekly rate of £38.50 from 1 February 1985 which includes a living alone allowance of £3.20. This is the rate to which he is entitled having regard to the assessment of his means, consisting of the weekly value of capital and a half intestacy share in a holding. In the light of the information furnished by the Deputy, further inquiries are now being made in this case and on completion, the pensioner's entitlement will be reviewed and he will be notified of the outcome.

96.

asked the Minister for Social Welfare if 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 person concerned is in receipt of a qualifying payment and resides with his wife. However as his wife is not, from the medical evidence furnished, permanently incapacitated as required by the scheme, his application had to be rejected. The applicant was notified of this decision and the reason for it on 4 February 1985.

97.

asked the Minister for Social Welfare if a dependent relative's allowance will be paid to a person (details supplied) in County Cork in respect of her uncle.

The application for prescribed relative allowance in respect of the care and attention being provided by the person concerned is at present under investigation. When the social welfare officer's inquiries are completed the case will be referred for decision. The pensioner will be notified of the outcome in due course. If a prescribed relative allowance is awarded payment will be made to the pensioner without delay.

98.

asked the Minister for Social Welfare if the maximum rate of an old age pension can now be paid to a person (details supplied) in County Cork.

The person concerned is in receipt of an old age pension at the weekly rate of £22.50, which includes a living alone allowance of £3.20. This is the rate to which he is entitled having regard to the assessment of his means consisting of half the weekly value of a holding, the transfer of which has not been accepted for old age pension purposes.

99.

asked the Minister for Social Welfare if a children's allowance book can now be made available urgently to a person (details supplied) in County Dublin.

Payment of all children's allowance due to date has now been made in this case. An allowance for five qualified children is payable and the appropriate book in favour of the wife of the person concerned who is the claimant was issued on 26 June 1985.

100.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick was refused smallholders' assistance; and if he will investigate this case.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means disallowed from profit from his holding exceeded the statutory limit. He appealed against the amount of means assessed against him and arising from contentions raised in support of his appeal the case was returned to the social welfare officer for further inquiries. These inquiries were recently completed and the case has been referred to an appeals officer who will determine the case at the earliest opportunity.

101.

asked the Minister for Social Welfare when a person (details supplied) in County Cork who applied eight weeks ago for a free telephone rental allowance will receive this allowance.

An application form for a free telephone rental allowance was issued to the person concerned on 11 April 1985. He has not been in touch with the Department since them. When the completed application form is received in the Department an early decision will be given in the case and the applicant will be notified of the outcome.

102.

asked the Minister for Social Welfare if a refund of social insurance contributions can be made to a person (details supplied) in County Cork who had been paying the incorrect rate of contributions for 16 years.

The question of refund of contributions paid in error in this case is at present being examined. Account must, however, also be taken of the fact that a number of claims for disability benefit were paid during the period in question on the basis of the contributions incorrectly paid. These amounts must be offset against any refund due. When the final position has been determined the person concerned will be notified.

103.

asked the Minister for Social Welfare the reason for the delay in making benefit payments to a person (details supplied) in County Westmeath who has now been injured for six years and who has submitted regular certificates.

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 116 contributions paid on his behalf since entry into insurance. He claimed disability benefit from 21 July 1979 and was paid to 18 July 1980 on which date his 52 week entitlement became exhausted. In order to requalify for disability benefit it will be necessary for him to have at least a further 13 weeks of insurable employment for which the appropriate contributions are paid. The person concerned is currently in receipt of supplementary welfare allowance from the Midland Health Board.

104.

Mr. Cowen

asked the Minister for Social Welfare the reason a person (details supplied) in County Offaly who is in receipt of disability benefit is not in receipt of an 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 1 March 1972 and payment is being made at regular weekly intervals. Arrangements are being made to have her examined by a medical referee. Her entitlement to invalidity pension will be reviewed in the light of the report of that examination.

105.

Mr. Cowen

asked the Minister for Social Welfare when a person (details supplied) in County Offaly will be called before a medical referee as her disability benefit was discontinued on 23 January 1985.

Payment of disability benefit to the person concerned was disallowed from 24 January 1985 following examination by a medical referee who expressed the opinion that she was capable of work. She then submitted a final certificate indicating that she was fit to resume work on 30 January 1985. She submitted a further claim for disability benefit from 6 February 1985 with the same incapacity and payment was also disallowed on this claim. A notice of appeal was received on 13 June 1985 and arrangements are being made to have her examined by a different medical referee at an early date. Her entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

106.

Mr. Cowen

asked the Minister for Social Welfare the reason a person (details supplied) in County Offaly who was in receipt of unemployment benefit has had the amount payable reduced to £69.95.

The rate of unemployment benfit payable to a claimant is reduced after 156 days of benefit where he does not satisfy the contribution condition of having 280 paid contributions in a seven year period. The person concerned qualified for unemployment benefit from 15 November 1984 and his claim was allowed at the weekly rate of £80.15, the maximum rate appropriate in his case. 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 £80.15 weekly to £69.65 weekly from 17 June 1985, the 157th day of his claim.

107.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will qualify for dental and optical benefits as he is aged 18 years.

The person concerned, as an 18 year old, is qualified for both dental and optical benefits and the relevant claim forms have been issued to him.

108.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be entitled to disability benefit as she is submitting medical certificates on a weekly basis.

The person concerned claimed disability benefit from 29 August 1984. She is not entitled to benefit because according to the records of the Department she has less than the required minimum of 26 contributions paid or credited in 1982-83, the contribution year governing her claim from that date.

From 7 January 1985, her claim is governed by the 1983-84 contribution year, however she is still not qualified for payment of disability benefit because she has only 16 contributions recorded for that year. She should continue to submit weekly medical certificates while she remains unfit for work so that credited contributions may be awarded for the purpose of preserving the continuity of her insurance record.

109.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is still waiting to be assessed for unemployment assistance; and the reason his Department has failed to make an appointment with him for such assessment.

The application for a qualification certificate by the person concerned could not be determined as he did not make himself available for interview by the social welfare officer investigating his means although he was twice advised to do so. He recently agreed to co-operate in the investigation of his means and the social welfare officer is at present making inquiries in the case. When these inquiries are completed his means will be assessed. He is at present in receipt of unemployment benefit and has exhausted 362 days of his entitlement.

110.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is receiving letters from his Department stating that she has made no repayments towards overpayment of children's allowance although his Department has retained her allowance book on behalf of her daughter.

The person concerned incurred an overpayment of £95.60 on her claim, due to her failure to notify the Department of a change affecting her entitlement. She returned her allowance book, in respect of her then one qualified child, to the Department in February 1985, on request. Entitlement to children's allowance ceased in respect of this child with effect from 1 May 1985, as she reached 16 years of age on 26 April 1985.

The sum of £24.10 was recovered by withholding payments due, in respect of this child, for the months of March and April 1985. The balance of £71.50 is being sought as a cash refund. The claimant was notified in detail of the overpayment and the method of recovery on 5 March 1985, and as no effort had been made to remit the amount due, a reminder was sent to her on 15 May 1985.

If the person concerned considers she is entitled to an extension of children's allowance in respect of the child mentioned above she should complete the application form which has been issued to her. On its return to the Department a decision will be given and she will be notified of the outcome and, if appropriate, how recovery of the overpayment will be affected.

111.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork has not been transferred to invalidity pension.

The person concerned has been in receipt of disability benefit since 17 March 1982 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 her entitlement to invalidity pension the person concerned was examined on 1 March 1985 by a medical referee who expressed the opinion that she was not permanently incapable of work and requested that she be referred for a further examination in November 1985. She is not therefore qualified for the receipt of invalidity pension.

112.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork was refused unemployment assistance; and the basis upon which he has been refused as he is married with three children and they have no income.

The unemployment assistance application of the person concerned could not be determined as he failed to fully disclose his means to the social welfare officer when he called to interview him. He subsequently indicated that he would co-operate in the investigation of his means and the social welfare officer is at present making inquiries in the case. When these inquiries are completed his entitlement to unemployment assistance will be determined. He is at present in receipt of supplementary welfare allowance.

113.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork was not allowed a grant under the national fuel scheme as his only income is £32.80 per week unemployment assistance and he is living alone.

The categories of persons covered by the national fuel scheme are essentially social welfare pensioners and persons in receipt of specified long term payments who fulfil certain conditions. An application for an allowance by the person concerned was refused by the Southern Health Board, which is responsible for the administration of the national fuel scheme in his area, on the grounds that he did not come within any of the categories of persons covered by the scheme.

114.

asked the Minister for Social Welfare the reason the application made by a person (details supplied) in County Cork for the family income supplement was rejected.

A claim for family income supplement was received from the husband of the person concerned. The claim was disallowed on the ground that the gross weekly family income as stated on the claim form exceeds £155, the maximum amount for entitlement to a supplement in the case of a family with nine children. The claimant was notified of the decision and of his right of appeal against it.

115.

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

It was decided on 1 May 1985 that the person concerned is not entitled to old age pension on the grounds that his means were not fully disclosed. Information was requested regarding properties in which the claimant is understood to have an interest but this has not been supplied to date. An appeal was recently lodged against this decision and the matter has been referred to an appeals officer for determination. The claimant will be notified of the outcome in due course.

116.

asked the Minister for Social Welfare if he will confirm that the reduction in old age pension payments to a person (details supplied) in County Westmeath will cease on 9 July.

The old age pension of the person concerned was reduced in order to effect recovery of an overpayment of pension which had occurred. The overpayment has now been fully recovered and he has been requested to return his pension book for adjustment. When this is received a pension book at the increased rate of £39.30 will be issued to him. Any arrears due will issue separately by payable order.

117.

asked the Minister for Social Welfare if non-contributory old age pension payments for an elderly couple (details supplied) in County Wexford will be increased in view of their recent appeal and the fact that they have negligible savings and a very small landholding.

It has been decided that the persons concerned are each entitled to old age pensions at the weekly rate of £27.30. This is the rate to which they are entitled having regard to the assessments of their means each comprising of half the weekly value of capital and a holding. An appeal has been lodged against these decisions and the cases have been referred to an appeals officer for determination. The pensioners will be notified of the outcome in due course.

118.

asked the Minister for Social Welfare the reason unemployment assistance is not being paid to a person (details supplied) in County Monaghan who has been signing on since May 1984.

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 rate payable to him. He appealed against the amount of means assessed against him and arising from contentions made by him in support of his appeal his case was referred to a social welfare officer for further inquiries. These inquiries have been completed and his case has been 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.

119.

asked the Minister for Social Welfare the present position regarding the appeal of a person (details supplied) in County Kerry against the decision to reduce or discontinue payment of his unemployment assistance last September; 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 furnish details of his means he failed to show that his means did not exceed the statutory limit. He appealed against this disallowance but an appeals officer on 11 December 1984 also disallowed his claim. He was informed of this decision.

He subsequently applied for a review of his means and his case was referred to a social welfare officer for investigation of his means. The social welfare officer has had to make extensive inquiries in the case but these are expected to be completed shortly. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the inquiries.

120.

asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Kerry against the decision to substantially reduce payment of his unemployment assistance will be heard; and if he will make a statement on the matter.

Following on the appeal of the person concerned against the amount of means assessed against him he was written to on 16 May 1985 and requested to submit any facts or contentions which he wished to make in support of his appeal. He failed to reply to this letter. An appeals officer determined the case on 25 June 1985 and assessed his means at £96.15 weekly derived from profit from his holding. He is accordingly entitled to unemployment assistance at £22.50 weekly the appropriate rate £118.65 less means £96.15.

121.

asked the Minister for Social Welfare the present position regarding the application of a person (details supplied) in County Kerry for the restoration of unemployment assistance at the maximum rate having regard to his bad financial circumstances; 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 the profit from his holding and from the value of capital, exceeded the statutory limit. He recently appealed against the disallowance of his claim and his case has been submitted to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

122.

asked the Minister for Social Welfare the present position regarding the appeal of a person (details suplied) in County Kerry against the decision not to pay him unemployment assistance at the maximum rate.

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 concerned to be identified.

123.

asked the Minister for Social Welfare if he will arrange to review the amount of unemployment assistance payable to a person (details supplied) in County Kerry having regard to the fact that he is in very poor circumstances and has no other source of income other than £9.30 per week in unemployment assistance; 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 at £20.65 weekly derived from self-employment and from the profit of a half share in a holding. He is accordingly entitled to unemployment assistance at £9.30 weekly the appropriate rate £29.95 less means £20.65. It is open to him to apply for a review of his means and a form for this purpose can be obtained at his local employment office.

124.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick was refused a contributory old age pension; and the date when an appeal against this decision will be heard.

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 reckonable 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 the reaches pension age.

The Department's records show that the person concerned ceased to be insurable in December 1953. He did not again become insurable until 1 April 1974 when the remuneration limit for insurance purposes on the earnings of non-manual employees was abolished. He has a total of 605 reckonable contributions in the relevant average test period which, in his case, is from 5 January 1953 to 5 April 1985. This is equal to a yearly average of only 18 and he does not therefore qualify for pension.

His appeal against this decision has been submitted for consideration by an appeals officer and he will be notified of the result in due course. He is in receipt of an invalidity pension at present and this will continue to be paid to him.

125.

asked the Minister for Social Welfare if payment of the full amount of unemployment assistance will be made to a person (details supplied) in County Cork.

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 appealed against the amount of means assessed against him and arising from contentions made in support of his appeal the case was referred to a social welfare officer for further inquiries. These inquiries were recently completed and the papers have been 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.

126.

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

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 is also necessary to have her husband interviewed. An officer has made a number of unsuccessful attempts to interview him at different addresses but hopes to contact him at his present address during the coming week. When the reports are received a decision will be given in the case and the claimant will be notified.

127.

asked the Minister for Social Welfare the reason a free telephone rental allowance was refused to a person (details supplied) in Dublin 11 who is a widowed invalid confined to a wheelchair.

To qualify for a free telephone rental allowance a person under 66 years of age must be in receipt of an invalidity or blind pension from the Department or a disabled person's maintenance allowance from a health board. The person concerned is under 66 years of age and is not in receipt of a qualifying payment. Her application was therefore rejected and she was notified of this decision and the reason for it on 9 April 1985.

128.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is not in receipt of unemployment assistance.

Entitlement to unemployment assistance is subject to the condition that an applicant is available for work. The unemployment assistance claim of the person concerned was suspended from 5 June 1985 as he failed to show he was available for work when he failed to attend an interview arranged by the National Manpower Service. Pending the completion of inquiries to establish if he fulfils the statutory conditions for receipt of unemployment assistance payment has been restored to him and all arrears due for the period 5 June 1985 to 2 July 1985 were paid last week. Further weekly payments of unemployment assistance will continue to be made to him as they fall due and his entitlement to unemployment assistance will be reviewed when the inquiries are completed.

129.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry will not qualify for unemployment benefit even though she is available for work.

165.

asked the Minister for Social Welfare the reason for the long delay in paying unemployment benefit to a person (details supplied) in County Kerry; and if he will make a statement on the matter.

It is proposed to take Questions Nos. 129 and 165 together. Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit on 27 May 1985 and following inquiries her claim was disallowed on the grounds that by reason of not genuinely seeking work she was not available for employment. She has been informed of this decision and it is open to her to appeal and have her case determined by an appeals officer. A form for this purpose can be obtained at her local office.

130.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Meath who is signing at Trim employment exchange.

The person concerned applied for unemployment assistance and his case was referred to a social welfare officer for investigation of his means. The social welfare officer has had to make very extensive inquiries and these have not yet been completed. When they are completed his means will be assessed and his entitlement to unemployment assistance determined accordingly.

131.

asked the Minister for Social Welfare the reason disability benefit has not been paid to a person (details supplied) in Dublin 9.

The person concerned claimed disability benefit from 3 June 1985 and all benefit payable has been issued from 6 June 1985, the fourth day of incapacity, to 22 June 1985, the date of the latest medical certificate received.

132.

asked the Minister for Social Welfare the reason unemployment benefit has not been paid to a person (details supplied) in Dublin 3 as all information requested was completed and submitted long ago.

The entitlement to unemployment benefit of the person concerned could not be determined until protracted inquiries had been made to establish that her employment during the relevant contribution period 6 April 1983 to 5 April 1984 was insurable at a contribution class which provides cover against unemployment. These inquiries have now been completed. Her entitlement to unemployment benefit is at present being reviewed and a decision on her case will be taken this week. She will be notified of the decision.

133.

asked the Minister for Social Welfare when a free telephone rental allowance will be approved for 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 was requested on 28 June 1985 to furnish comprehensive medical evidence in respect of her daughter with whom she resides. On receipt of this medical evidence an early decision will be given in the case and the applicant will be notified of the outcome.

134.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Meath who is signing at Navan employment exchange and has been awaiting payment for eight weeks.

The person concerned claimed unemployment benefit on 6 May 1985. Following inquiries her claim was disallowed for a period of six weeks from her last date of employment on 3 May 1985 on the grounds that she left her work voluntarily and without just cause. She appealed against the disallowance and arrangements are being made to have her case determined by an appeals officer at the earliest opportunity. Her claim was allowed from 14 June 1985 at £37.25 weekly, the appropriate flat rate unemployment benefit applicable in her case. Further weekly payments will continue as they become due.

135.

asked the Minister for Social Welfare the reason the unemployment assistance of a person (details supplied) in County Galway has not been sanctioned; if he will give a detailed breakdown of the means assessed against him; and if he will inform Deputy Frank Fahey of the outcome of the appeal at present under consideration.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish particulars of his means he failed to show that his means do not exceed the statutory limit. In the investigation of his means he failed to supply details of his self-employment or of his home circumstances. He appealed against the disallowance and arrangements are being made to refer the case to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer. The Deputy will be informed of the outcome of the appeal.

136.

asked the Minister for Social Welfare if a person (details supplied) in County Offaly is in receipt of the correct rate of unemployment assistance.

The person concerned reapplied for unemployment assistance on 2 January 1985 and her claim was put into payment on the basis of a qualification certificate, issued to her in connection with a previous claim, which recorded her with means of £7 weekly. She is accordingly entitled to unemployment assistance at £24.75 weekly the appropriate rate £31.75 less means £7. Arrangements have been made to have her means reinvestigated and when the inquiries are completed the rate of unemployment assistance payable to her will be reviewed.

137.

asked the Minister for Social Welfare the reason the disability benefit payments of a person (details supplied) in County Offaly have been reduced.

Entitlement of the person concerned to disability benefit from 7 January 1985 is based on his insurance record in the 1983-84 contribution year. According to the records of the Department, he has a total of 38 credited contributions recorded for that year which entitles him to payment of disability benefit at the reduced rate of £34.50 per week. In order to qualify for payment at the full rate, he would need to have at least 48 paid or credited contributions in the governing contribution year.

138.

asked the Minister for Social Welfare when a single woman's allowance will be paid to a person (details supplied) in County Laois.

The application of the person concerned for single woman's allowance was disallowed on the grounds that by failing to furnish full particulars of her means she failed to show that her means did not exceed the statutory limit. She recently indicated that she was prepared to co-operate in the investigation of her means and her claim has been forwarded to a social welfare officer for investigation. Her entitlement to single women's allowance will be determined in the light of the outcome of this investigation.

139.

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

Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned has been in receipt of disability benefit since 7 January 1978 and payment is being made at regular weekly intervals. To determine his entitlement to invalidity pension arrangements are being made to have him examined by a medical referee. His entitlement to the pension will be reviewed in the light of the report of that examination.

140.

asked the Minister for Social Welfare the reason the unemployment assistance of a person (details supplied) in County Galway has been discontinued; and if he will inform Deputy Frank Fahey of the present position with regard to an appeal against this decision.

Following reinvestigation of his unemployment assistance claim the means of the person concerned were assessed at £89 weekly derived from profit from his holding. He is accordingly entitled to unemployment assistance at £10.80 weekly being the appropriate rate £99.80 less means of £89.

He appealed against the amount of means assessed against him and arising from contentions raised in support of his appeal the case was returned to the social welfare officer for further inquiries. These inquiries were recently completed and the case has been referred to an appeals officer who will determine the case at the earliest possible opportunity. The Deputy will be informed of the outcome of the appeal.

141.

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

Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned has been in receipt of disability benefit since 30 March 1982 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 this examination.

142.

asked the Minister for Social Welfare when a decision will be made in relation to the appeal against the refusal of unemployment assistance to a person (details supplied) in County Limerick.

Entitlement to unemployment assistance is subject to the condition that an applicant is available for work. The unemployment assistance claim of the person concerned was disallowed on the grounds that he was not available for work. He was notified of the disallowance and of his right to appeal against the decision within 21 days of the notification. Although he lodged his appeal outside of the specified 21 day period it has been decided to accept his late appeal and arrangements are being made to have his case referred to an appeals officer for determination at the earliest opportunity.

143.

asked the Minister for Social Welfare if he has plans to change the present system of assessment for single persons, which takes into account the circumstances of parents, in deciding the amount payable to applicants for unemployment assistance.

The assessment of the value of free board and lodgings is the main item of means assessed in the case of single applicants for unemployment assistance living with their parents. It is considered that the present method of assessing the value of free board and lodgings is reasonable and it is not proposed to make any change in the method of assessment. However the general question of means assessment for the various social welfare schemes is one of the areas which will be addressed by the Commission on Social Welfare.

144.

asked the Minister for Social Welfare if he will extend benefits such as free electricity, free television and radio and free telephone rental, now enjoyed by Irish pensioners over 66 years of age to Irish nationals residing here who qualify for British contributory or American pensions, but do not qualify for any portion of the Irish old age pension because of means.

The free electricity allowance, free television licence and free telephone rental allowance schemes already apply to persons aged 66 and over who are in receipt of retirement pensions from the British Department of Health and Social Security or the Northern Ireland Department of Health and Social Services. Extension of these schemes to persons receiving pensions from other countries would have significant financial implications and there are no proposals for such an extension in present circumstances.

145.

asked the Minister for Social Welfare the number of small farmers whose unemployment assistance payments have been (a) reduced; and (b) removed entirely since July 1982.

146.

asked the Minister for Social Welfare the amount saved by his Department on payment of unemployment assistance to small farmers since July 1982.

It is proposed to take Questions Nos. 145 and 146 together. It is presumed that the Deputy is referring to unemployment assistance recipients whose means derived from land were notionally assessed by reference to the poor law valuation system until this notional method of assessment had to be discontinued following a High Court decision in July 1982 that sections of the Valuation Acts were unconstitutional.

Following the High Court ruling, arrangements were made to have the means of all notionally assessed smallholders assessed on a factual basis. The factual assessment of smallholders was commenced in May 1983 and accordingly statistics in relation to the numbers whose unemployment assistance payments were reduced or ceased following factual assessment are only available from that date. The position at the end of May 1985 is that following review, payment of unemployment assistance had been reduced in 4,324 cases and had ceased in 3,074 cases. Payment was increased in 3,116 cases.

As regards the expenditure effects of the change-over to factual assessment, the position is that expenditure budgeted for unemployment assistance for smallholders this year at £37.84 million is considerably higher than the £34.34 million spent in 1982, the last complete year in which payment was made on the notional basis of assessment. The increased expenditure combined with the lower number in receipt of payment means that the average payment of recipients has increased considerably.

A desirable effect of the system of factual assessment of means is that it ensures that the available funds are concentrated on those most in need. In addition the change-over to factual assessment ensures that all smallholders receiving unemployment assistance are now entitled to annual budget increases which they did not receive while notionally assessed.

147.

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

Pay-related benefit is calculated on the basis of reckonable weekly earnings during the relevant income tax year. The entitlement of the person concerned to pay-related benefit could not be determined until inquiries had been made to ascertain his earnings in the relevant tax year 6 April 1983 to 5 April 1984. When these inquiries were completed his entitlement to pay-related benefit was established and all arrears due to him were paid on 14 June 1985. He last signed as unemployed on 25 May 1985.

148.

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

Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. It has not been possible from the information supplied to trace a disability benefit claim or invalidity pension claim for the person concerned. There is no record in respect of the RSI number quoted by the Deputy in the details supplied by him with the question. If the correct RSI number of the claimant can be quoted this will enable the claim to be identified and the information sought by the Deputy to be supplied.

149.

asked the Minister for Social Welfare when arrears of a contributory old age pension will be paid to a person (details supplied) in County Wexford.

Arrears of contributory old age pension from 8 March 1985 to 6 June 1985, less the amount of invalidity pension and supplementary welfare allowance paid during this period, have been issued to the person concerned by payable order.

150.

asked the Minister for Social Welfare the reason unemployment benefit was refused to a person (details supplied) in County Wexford.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit from 11 February 1985 but her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and an oral hearing of her case was arranged for 8 July 1985. The decision of the appeals officer will be available shortly and her entitlement to unemployment benefit will be determined in the light of his decision.

151.

asked the Minister for Social Welfare the steps being taken to secure payment of PRSI contributions deducted by an employer from the weekly wage of a person (details supplied) in Dublin 11; and when disability benefit payments will commence to this applicant who has been submitting certificates on a weekly basis for some months.

The person concerned claimed disability benefit from 12 March 1984 and payment was issued to 12 March 1985 based on her contribution record in the 1982-83 contribution year. She is not entitled to payment of benefit from 13 March 1985 because according to the records of the Department she has less than the required minimum of 26 contributions paid or credited in the 1983-84 contribution year which governs her claim from that date.

There is no record of a response being received to a request for additional details regarding her insurance record for 1983-84 which was issued to her on 28 February 1985. The matter has now been referred to an outdoor officer of the Department for investigation and on receipt of his report her entitlement to disability benefit from 13 March 1985 will be reviewed.

152.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 7 who was forced to leave a local authority flat on health grounds was refused a rent allowance.

Under the provisions of the supplementary welfare allowances scheme the determination as to whether a rent supplement should be paid in any particular case is a matter for the health board. It is understood from the Eastern Health Board that the person concerned, who is in receipt of an unmarried mother's allowance, applied for a rent supplement under the scheme on 13 June 1985 but that her application was refused after full consideration of all the circumstances. The person concerned has been advised of her right to appeal against the decision in her case.

153.

asked the Minister for Social Welfare if payment of the full amount of unemployment assistance will be made to a person (details supplied) in County Cork.

The person concerned is at present in receipt of unemployment assistance at £67.45 weekly the appropriate rate £72.25 less means £4.80 derived from profit from his holding. His case was recently referred to a social welfare officer for a review of his means. When the investigation is completed, the rate of unemployment assistance payable to him will be reviewed.

154.

asked the Minister for Social Welfare if the correct amount of pay-related benefit has been paid to a person (details supplied) in County Kilkenny.

Pay-related benefit is payable in two different phases: 25 per cent for the first 141 days and 20 per cent for the remaining days of entitlement. The person concerned claimed unemployment benefit on 30 July 1984 and his entitlement to pay-related benefit was based on his earnings in the relevant income tax year 6 April 1982 to 5 April 1983. His earning during this period were £4,669 and accordingly he was in receipt of pay-related benefit at the weekly rate of £12.60 for the 1st phase from 21 August 1984 and at £10.08 weekly from 1 February 1985 when he entered the 2nd phase of his entitlement. He continued to sign as unemployed up to 31 May 1985 when he reached 66 years of age.

155.

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

Following investigation of his unemployment assistance claim the means of the person concerned were assessed at 25p weekly. He is accordingly entitled to unemployment assistance at £29.70 weekly the appropriate rate £29.95 less means 25p. All arrears due were paid last week and weekly payments will continue to be made as they become due.

Question No. 156 withdrawn.

157.

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

All benefit payable to the person concerned has been issued up to 1 July 1985, the date of the latest medical certificate received. The arrears of disability benefit payable for the period from 28 February 1984 to 6 May 1985, less £2,321.38 unemployment assistance paid in the same period have also been issued and there are no further arrears due.

158.

asked the Minister for Social Welfare the reason a person (details suppllied) in County Louth has received no unemployment assistance since December 1984 despite the fact that she has been signing every week.

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

The person concerned exhaused her entitlement to 312 days unemployment benefit on 3 December 1984. She was employed intermittently during the period of her claim to benefit and inquiries were made to establish if the employment which took place after 156 days of benefit had been drawn was insurable at a contribution class which provides cover against unemployment. Following the completion of these inquiries it has been established that her employment was not insurable at the appropriate contribution rate for the purpose of requalifying for unemployment benefit. 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.

159.

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

The person concerned is at present receiving a retirement pension at the rate of £48.25 a week, which is the maximum rate for a person under 80. It would be of no advantage to her to transfer to contributory old age pension, the rate for which would be the same. Since she is over age 66 she may however be entitled to a living alone allowance, free electricity allowance, etc. A leaflet giving details of these schemes and the conditions for their receipt has accordingly been sent to her.

160.

asked the Minister for Social Welfare when a person (details supplied) in County Wexford will receive an invalidity pension as she has been on disability benefit for 12 months.

The person concerned has been in receipt of disability benefits since 28 May 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. The person concerned was examined on 30 April 1985 by a medical referee who expressed the opinion that she was not permanently incapable of work and requested that she be referred for a further examination after six months. She is not therefore entitled to invalidity pension at present.

161.

asked the Minister for Social Welfare the present position in relation to a claim for a free electricity allowance made by a person (details supplied) in County Cork.

To qualify for a free electricity allowance the person concerned would need to have reached the age of 66 years and as he has not attained that age an allowance cannot be granted in his case. He has been advised accordingly and that he should apply again shortly before he reaches age 66.

162.

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

The unemployment assistance claim of the person concerned has been put into payment on the basis of a qualification certificate issued to him in connection with a previous claim which recorded him as having nil means. He is accordingly in receipt of £72.25 weekly the appropriate rate in his case. All arrears due were paid on 20 June 1985 less an amount in respect of supplementary welfare allowance paid to him pending authorisation of his claim.

163.

asked the Minister for Social Welfare the reason a free electricity allowance has not been granted to a person (details supplied) in County Tipperary and if this decision will be reviewed.

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

164.

asked the Minister for Social Welfare when a decision will be made on the application for an old age pension 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 as he does not fulfil the statutory condition as to means. The assessment of his means consisting of the weekly value of capital exceed the statutory limit for entitlement to pension. An appeal has been lodged against this decision and the case has been referred to an appeals officer for determination. The person concerned will be notified of the outcome in due course.

166.

asked the Minister for Social Welfare the reason for the long delay in granting an invalidity pension to a person (details supplied) in County Kerry; 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 27 July 1983 and payment is being made at regular weekly intervals. The medical referee who examined the person concerned on 28 February 1985 expressed the opinion that she was not permanently incapable of work and requested that she be referred for a further examination after six months. On receipt of further medical evidence the medical adviser of the Department confirmed the opinion of the medical adviser and recommended that she be referred for an examination again. Arrangements are now being made for this examination after which her entitlement to invalidity pension will be reviewed.

167.

asked the Minister for Social Welfare if he will arrange to have the appeal of a person (details supplied) in County Kerry against the decision to discontinue payment of his unemployment assistance specially reconsidered in view of his poor financial circumstances; 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 the profit from his holding exceeded the maximum rate of unemployment assistance payable to him. He appealed against the amount of means assessed against him but on 10 April 1985 an appeals officer also assessed him with means exceeding the maximum rate payable to him. In the absence of fresh evidence or new facts the decision of an appeals officer is final.

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