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Dáil Éireann debate -
Wednesday, 23 Oct 1985

Vol. 361 No. 1

Written Answers. - Social Welfare Benefits.

224.

asked the Minister for Social Welfare if he will pay unemployment benefit at the maximum rate and full pay-related benefit to a person (details supplied) in County Cork.

The person concerned claimed unemployment benefit from 6 April 1984 to 4 May 1984, from 19 June 1984 to 6 January 1985 and again from 13 March 1985 to date. In addition he claimed disability benefit from 7 January 1985 to 12 March 1985. He was in receipt of the maximum rate of flat rate unemployment benefit to 22 November 1984 when he exhausted 156 days of benefit. He did not fulfil the contribution condition for continuous payment of unemployment benefit at the maximum rate and accordingly his weekly rate of unemployment benefit was reduced to £30.90 from 23 November 1984. In line with the general increase in social welfare rates this rate was increased to £32.75 from 4 July 1985.

Entitlement to pay-related benefit with flat rate unemployment benefit is based on reckonable earnings in the relevant income tax year. The two claims to unemployment benefit of the person concerned in 1984 together with his claim to disability benefit of 7 January 1985 and his further claim to unemployment benefit of 13 March 1985 were all linked claims and accordingly the tax year which governs entitlement to pay-related benefit on his unemployment benefit claims is the year 6 April 1982 to 5 April 1983. Since he had no reckonable earnings in that year he is not entitled to pay-related benefit. Weekly payments of flat rate unemployment benefit are continuing to be made as they become due.

225.

asked the Minister for Social Welfare when a person (details supplied) in County Clare will receive his unemployment assistance for which he applied in June 1985.

The means of the person concerned were assessed at £30.70 weekly derived from the value of board and lodging in his parents holding and from a student grant. His means accordingly exceeded the maximum rate of unemployment assistance payable to him up to 2 July 1985 and his claim was disallowed. However from 3 July 1985 he is entitled to the weekly rate of £1.05 being the appropriate weekly rate £31.75 less means £30.70. He ceased signing at his local office on 2 September 1985 and a letter has been issued to him, advising him that arrears due to him are available for collection.

226.

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

The application of the person concerned for a free telephone rental allowance was approved with effect from 1 March 1985. She was notified to this effect on 2 August 1985. Telecom Éireann are aware of the decision in the case and have confirmed that the allowance will appear on her next telephone account. A payable order for £53.82 which is a refund of rental paid by the person concerned, will issue to her in the next week.

227.

asked the Minister for Social Welfare the present position with regard to the application for a non-contributory old age pension of a person (details supplied) in County Laois.

It has been decided that the person concerned is not entitled to an old age pension on the grounds that her means were not fully disclosed. 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.

228.

asked the Minister for Social Welfare when a non-contributory old age pension will be restored to a person (details supplied) in County Offaly.

Payment of pension to the person concerned was suspended from 26 April 1985 because of his failure to furnish documents regarding bank accounts held. Information since received reveals a capital holding the disposal of which has not been satisfactorily explained.

Payment of pension cannot be restored until the person's means are fully established. It is in his own interests, therefore, to comply with requests made to him in this regard by the social welfare officer. Nothing further can be done, therefore until this co-operation is forthcoming. The matter will be re-examined when the person concerned notifies the Department that he is prepared to co-operate with the social welfare officer investigating his claim.

229.

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

The person concerned is a landholder and inquiries had to be made to establish if he satisfied the contribution condition of having 78 paid contributions in an appropriate three year period.

These inquiries were recently completed and his claim was allowed at the appropriate weekly rate of £43.92, comprising unemployment benefit of £35.35 and pay-related benefit of £8.57. All arrears due were paid to him on 8 October 1985. Further combined weekly payments of £43.92 will be made as they become due.

230.

asked the Minister for Social Welfare the present position with regard to the old age pension appeal of a person (details supplied) in County Tipperary.

It has been decided that the person concerned is entitled to old age pension at the weekly rate of £7.20 including £3.20 over 80 allowance from 12 July 1985. This is the rate to which he is entitled having regard to the assessment of his means consisting of the weekly value of capital, the partial disposal of which has not been accepted for old age pension purposes.

An appeal was lodged by the person concerned and the case has been referred to an appeals officer for determination. The pensioner will be notified of the outcome in due course.

231.

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

It has been decided that the person concerned is entitled to old age pension at the weekly rate of £38.50 from 31 May 1985 (which includes living alone allowance of £3.20). This rate increased to £41.40 from 12 July 1985. This is the rate to which he is entitled having regard to the assessment of his means consisting of the weekly value of capital.

The appropriate pension books payable from 4 October 1985 issued on 21 October 1985. Arrears of pension due are in the course of issue.

232.

asked the Minister for Social Welfare when a person (details supplied) in County Laois will be transferred from disability benefit to an invalidity pension.

The person concerned is being paid disability benefit since 24 August 1981. A form on which to claim invalidity pension has been forwarded to him and on its return, duly completed, the claim will be dealt with without delay.

233.

asked the Minister for Social Welfare the present position with regard to an application for a non-contributory old age pension from a person (details supplied) in County Laois.

It has been decided by an appeals officer that the person concerned is not entitled to an old age pension as he does not fulfil the statutory conditions as to means. The assessment of his means, comprising half the weekly value of his wife's earnings and a holding, exceed the statutory limit for entitlement to pension.

234.

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

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 his means were assessed at £43.05 derived from benefit from his wife's earnings. He is accordingly entitled to unemployment assistance at the weekly rate of £15.30 being the appropriate rate £58.35 less means £43.05. All arrears due were paid on 10 October 1985 and weekly payments will continue to be made as they become due.

235.

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

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 by him in support of his appeal the case was returned to the social welfare officer for further inquiries. When these inquiries are completed his case will be referred to an appeals officer for determination, and his entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

236.

asked the Minister for Social Welfare when a person (details supplied) in County Laois will be transferred from disability benefit to an invalidity pension.

The person concerned is being paid disability benefit at regular weekly intervals and payment has been made to date. A form on which to claim invalidity pension has been forwarded to him and on its return, duly completed, the claim will be dealt with without delay.

237.

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 was assessed with means of 15p weekly derived from the value of capital. She was accordingly entitled to unemployment assistance at £29.80 weekly, the appropriate rate £29.95 less means 15p from 12 June 1985 to 2 July 1985 and £31.60 weekly, the appropriate rate £31.75 less 15p means, from 3 July 1985 to 3 September 1985 when she ceased to sign at her local office. All arrears due to her were paid on 9 October 1985.

238.

asked the Minister for Social Welfare if an elderly couple (details supplied) in County Wexford will be awarded a contributory pension in view of the fact that they are eligible but cannot obtain a birth or baptismal certificate to substantiate their claim.

The husband concerned claimed a contributory old age pension on 19 August 1985. He stated on his claim form that he was born on 8 August 1919. The Department's records show his date of birth as 8 August 1924. This latter date of birth would have been based on information supplied by him when he first applied for an insurance card. The local social welfare officer has been asked to look into the matter to see if any evidence as to the claimant's actual date of birth can be produced. A passport or some other recognised document showing the date of birth would be acceptable in the absence of a birth certificate or baptismal certificate. He retired from work in July 1985 and his wife was awarded a non-contributory old age pension with effect from 26 July 1985.

239.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded a single woman's allowance payments; if so, the rate payable and the rate of payment at which they will be paid and when they will be paid.

The single woman's allowance claim of the person concerned was disallowed on the grounds that her means derived from the capital value of a house and from the benefit of board and lodgings on her brothers holding exceeded the statutory means limit. She appealed against the decision and on 1 November 1984 an appeals officer also assessed her with means in excess of the statutory means limit.

In June 1985, following reinvestigation of her means, a deciding officer decided that her means were still in excess of the statutory weekly means limit and her claim was disallowed. She was informed of this decision and of her right to appeal against it but did not do so.

240.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded unemployment assistance; and if so, at what rate.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish full particulars of his means he failed to show that his means did not exceed the statutory limit. He was afforded a number of opportunities to co-operate in the investigation of his means but refused to do so. He was also advised of his right of appeal but did not exercise his right. He is in receipt of supplementary welfare allowance.

241.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be considered for an invalidity pension in view of the fact that his doctor has certified that he is incapable of work on a permanent basis.

The person concerned is being paid disability benefit since 20 September 1983. A form on which to claim invalidity pension has been forwarded to him and on its return, duly completed, the claim will be dealt with without delay.

242.

asked the Minister for Social Welfare if unemployment assistance payments will be increased for a person (details supplied) in County Wexford in view of the fact that he has no income of his own and his parents have a low income.

The person concerned appealed against the amount of means assessed against him but it has come to light that the appeal was mislaid in postal transit. He has been issued with a duplicate appeal form. When it is returned his case will be referred to an appeals officer for determination and his rate of unemployment assistance will be reviewed in the light of the decision of the appeals officer. He ceased signing at his local office on 24 September 1985.

243.

asked the Minister for Social Welfare when pay-related unemployment benefit will be paid to a person (details supplied) in County Meath who is in receipt of flat rate unemployment benefit.

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 is in receipt of £100.95 flat rate unemployment benefit weekly being the appropriate rate applicable in his case. The 85 per cent limit applicable to him is £107.73 and, accordingly, the weekly amount of pay-related benefit to which he is entitled is limited to £6.78 weekly.

He is a postal claimant to unemployment benefit and arrangements have been made for the immediate payment of all pay-related benefit arrears due to him. Further combined weekly payments of £107.73 will be made as they become due.

244.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare is not receiving social welfare assistance or smallholder's assistance.

The person concerned is in receipt of unemployment assistance at the weekly rate of £21.75 being the appropriate rate £31.75 less means derived from profit from his holding. He recently appealed against the means assessed and his case has been referred to an appeals officer for decision. His unemployment assistance claim will be reviewed in the light of the appeals officer's decision.

245.

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

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from the letting value of his holding and from capital exceeded the statutory limit. He recently appealed against this disallowance and arrangements are being made to submit his case to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

246.

asked the Minister for Social Welfare the present position with regard to the application for a non-contributory old age pension from a husband and wife (details supplied) in County Laois.

The repeat claims to old age pension of the persons concerned are under investigation. On completion of inquiries they will be referred to a deciding officer for decision. The claimants will be notified of the outcome in due course.

247.

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

Entitlement to unemployment assistance is subject to the condition that an applicant must be available for and genuinely seeking employment. The person concerned claimed unemployment assistance from 15 April 1985 but her claim was disallowed on the grounds that due to domestic commitments she was not available for employment.

Her entitlement to unemployment assistance was recently reviewed following a change in her domestic circumstances and her claim was allowed from 2 September 1985 at the weekly rate of £28.25 which is the appropriate rate payable to a single person with weekly means of £3.50. All arrears due were paid on 10 October 1985 less advances of supplementary welfare allowance which were paid to her pending a decision on her case. The applicant has not signed as unemployed at her local office since 17 September 1985.

248.

asked the Minister for Social Welfare the present position with regard to the application for a non-contributory old age pension by a person (details supplied) in County Laois.

It has been decided that the person concerned is not entitled to old age pension on the grounds that she does not fulfil the statutory conditions as to means. The assessment of her means, consisting of the weekly letting value of holdings (the transfers of which have not been accepted for old age pension purposes) and capital (the withdrawal of a large part of which has not been accounted for) exceed the statutory limit for entitlement to pension.

An appeal was lodged and the case has been referred to an appeals officer who has agreed that an oral hearing is necessary. The claimant will be notified of the venue in due course.

249.

asked the Minister for Social Welfare when a decision will issue on an application for a widow's contributory pension from a person (details supplied) in Dublin 3 which has been with his Department since August, 1984.

The person concerned claimed a widow's non-contributory pension in August 1984 but this was refused because her means exceeded the limit. The question of entitlement to widow's contributory pension on the basis of her husband's insurance was also examined but this insurance failed to satisfy the required contribution conditions. More recently, inquiries were conducted by an outdoor officer of the Department into the contribution record of the claimant but this record is also insufficient to satisfy the contribution conditions and she has been informed accordingly.

250.

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

The person concerned had been in receipt of disability benefit since 6 August 1984. He was examined on 18 October 1985 by a medical officer who considered him to be capable of work. He is not therefore entitled to either invalidity pension or disability benefit.

251.

asked the Minister for Social Welfare the reason butter vouchers have not been issued to a person (details supplied) in County Wexford for the last two years.

The EC social assistance butter scheme is available to persons who are receiving non-contributory means tested welfare payments. The person concerned is receiving an invalidity pension which is under a social insurance scheme and he does not, therefore, qualify for butter vouchers. His sister, however, is receiving a disabled person's maintenance allowance which qualifies her for this benefit. She should contact her area health board so that the issue of butter vouchers can be arranged.

252.

asked the Minister for Social Welfare if an invalidity pension will be awarded to a person (details supplied) in County Wexford and, if so, when.

The person concerned has been in receipt of disability benefit since 1 July 1983. Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. Arrangements are being made to have him examined by a medical referee on 24 October 1985. His entitlement to invalidity pension will be reviewed in the light of the report of that examination.

253.

asked the Minister for Social Welfare the reason the family income supplement has not been paid to persons (details supplied) in County Clare as they have four dependent children one of whom is badly handicapped.

No application for a family income supplement has been received from the persons concerned. A claim form and explanatory leaflet were issued to them on 17 October 1985. When the completed application form has been returned the claim will be considered and the applicant will be informed of the decision.

254.

asked the Minister for Social Welfare if non-contributory old age pension payments will be reconsidered in the case of a person (details supplied) in County Wexford further to the recent decrease in his payments and his subsequent appeal.

Following a reinvestigation of the old age pension entitlements of the person concerned it was discovered that he is in receipt of a British retirement pension which was not previously assessed for old age pension purposes. Accordingly it was decided that he is entitled to an old age pension at the weekly rate of £39.40 from 20 September 1985 which includes a living alone allowance of £3.40. This is the rate appropriate to the assessment of his means comprising the weekly value of his British retirement pension. There is no record of an appeal having been received in this case.

255.

asked the Minister for Social Welfare if disability benefit payments will be restored for a person (details supplied) in County Wexford who is clearly incapacitated.

The person concerned was paid disability benefit to 29 May 1985 after which date payment was disallowed following an examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance of benefit and was examined by a different medical referee who also expressed the opinion that he was capable of work. His case has been referred to an appeals officer who proposes to hold an oral hearing of his claim on 1 November 1985. The person concerned will be notified of the outcome of his appeal immediately a decision is to hand.

256.

asked the Minister for Social Welfare the reasons for the delay in the payment for approximately 14 months arrears of a children's allowance to a person (details supplied) in County Louth in respect of his daughter; and if he will make a statement on the matter.

The person concerned was in receipt of children's allowance at the rate of £24.10 per month in respect of two qualified children. One of these children has not resided with him for some time. He failed to notify the Department that the child had left his household and as he continued to cash the allowance in respect of her, he was overpaid allowance amounting to £160.70 in respect of the period up to November 1984. Allowance in respect of his other child is being withheld to recover the overpayment. Payment will be restored when recovery has been completed in February 1986.

257.

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

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 May 1985 when he exhausted his entitlement to 390 days benefit. He did not satisfy the condition of having 13 contributions paid for the purpose of requalifying for unemployment benefit. He was advised of his right to claim unemployment assistance in February 1985 and again in May 1985 but failed to do so until July 1985. His claim was then referred to a social welfare officer for investigation of his means. The social welfare officer has made four calls to his home address but he has not been available for interview. He will call again at the first available opportunity. When the social welfare officer completes his inquiries the applicant's entitlement to unemployment assistance will be determined in the light of the amount of means assessed against him.

258.

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

Under EC regulations the person concerned retained entitlement to British unemployment benefit for a limited period following her return to this country. Accordingly, she was paid unemployment benefit in respect of the period 2 April 1985 to 22 June 1985. However, she does not satisfy the contribution conditions for entitlement to unemployment benefit on the basis of her Irish contribution record. Under the EC regulations governing these matters, her British contribution record cannot be invoked for the purposes of her claim as she will not be eligible for a transfer of her contributions until such time as she takes up insurable employment in this country.

259.

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

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 and his case was referred to a social welfare officer to give him another opportunity to co-operate in the investigation of his means. The social welfare officer will interview him at the first available opportunity and his entitlement to unemployment assistance will be reviewed in the light of the social welfare officer's report.

260.

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 is at present in receipt of unemployment assistance at the maximum weekly rate of £31.75. All arrears due were paid to her on 8 October 1985 and weekly payments will continue as they become due.

261.

asked the Minister for Social Welfare when unemployment assistance at the rate appropriate to a married man with five children will be paid to a person (details supplied) in County Meath.

The person concerned is at present in receipt of unemployment assistance at £44 weekly the appropriate rate £94 less £50 means derived from self-employment. He recently appealed against the amount of means assessed against him and arising out of contentions made by him in support of his appeal 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 the rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer.

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