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Dáil Éireann debate -
Tuesday, 5 Nov 1985

Vol. 361 No. 5

Written Answers. - Social Welfare Benefits.

98.

asked the Minister for Social Welfare if an oral appeal can be arranged for a person (details supplied) in County Mayo, applying for 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 decision but an appeals officer, on 16 April 1985 also decided that his means exceeded the statutory limit. He has recently made a supplementary claim at his local office and arrangements are being made to have his means reinvestigated by a social welfare officer. When these inquiries are completed his means will be assessed by a deciding officer and his entitlement to unemployment assistance will be reviewed in the light of the amount of means assessed against him. If he is dissatisfied with the decision in his case it will then be open to him, under new arrangements introduced some months ago, to request an oral hearing of his appeal.

99.

asked the Minister for Social Welfare if an investigation will be made into the case of a person (details supplied) in County Kilkenny.

Entitlement to unemployment benefit is subject to the condition that a claimant must have at least 26 contributions paid at a class which provides cover against unemployment. According to the Department's records the person concerned entered insurable employment on 17 September 1984 and has only 17 contributions paid on his behalf up to the date he claimed unemployment benefit on 22 January 1985. The claimant contends that he commenced employment in September 1983 but the employer's records show that employment did not in fact commence until September 1984. Further inquiries are being made at present to establish the correct date on which the employment commenced and if the employment was insurable at a contribution class providing cover against unemployment. His entitlement to unemployment benefit will be determined in the light of the outcome of this investigation. He is at present in receipt of unemployment assistance at £21 weekly being the appropriate rate in his case of £31.75 less means of £10.75 assessed against him.

100.

asked the Minister for Social Welfare the reason unemployment benefit has been reduced in the case of a person (details supplied) in County Tipperary; when his payments will be increased to their normal level; and the amount which will be paid.

The person concerned claimed unemployment benefit from 8 October 1984, and his claim was allowed at £37.25 weekly being the maximum flat rate unemployment benefit payable to a single person. In addition he was entitled to pay-related benefit of £16.01 weekly. On 20 March 1985 he entered the second, lower phase of pay-related benefit and payment of this benefit was reduced from £16.01 weekly to £12.81. The rate of unemployment benefit payable to him increased to £39.50 from 4 July 1985 and his combined payment of £50.06 increased to £52.31 weekly. This payment will continue until his entitlement of 390 days unemployment benefit is exhausted.

He also applied for a qualification certificate and a deciding officer assessed his means at £36 weekly derived from the value of capital and board and lodgings on his mother's holding. His means exceed the statutory limit and accordingly he is not entitled to unemployment assistance following the exhaustion of his unemployment benefit claim.

101.

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

The person concerned is in receipt of old age contributory pension with effect from 6 September 1985. His entitlement to a living alone allowance has been established and this has been awarded to him, also with effect from 6 September 1985. A living alone allowance book containing orders payable from 1 November 1985 has been issued to the designated post office for collection by him and he has been notified accordingly. The arrears payable from 6 September 1985 will be issued to him in the next few days.

102.

asked the Minister for Social Welfare if an oral appeal can be arranged in a claim for unemployment assistance for a person (details supplied) in County Mayo.

The appeal of the person concerned against the assessment of means of £50 weekly, derived from benefit from his wife's earnings, has been submitted to an appeals officer for determination. The granting of an oral hearing is a matter for the appeals officer as regulations provide that if he is of the opinion that the case is of such a nature that it can be determined without a hearing he may determine it summarily. The rate of unemployment assistance payable will be reviewed in the light of the decision of the appeals officer.

The person concerned is at present in receipt of unemployment assistance at £50.05 weekly, the appropriate rate in his case of £100.05 less means of £50.

103.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be reconsidered for unemployment benefit following an oral appeal hearing; and the up-to-date position in relation to her new claim.

The unemployment benefit claim of the person concerned was disallowed from 31 July 1985 on the grounds that she was not available for employment. She appealed against the disallowance and following an oral hearing of her case on 16 October 1985 an appeals officer also decided that she was not available for employment. She has continued to sign the unemployed register and inquiries are being made at present to establish if she now satisfied the required conditions for receipt of unemployment benefit. When these inquiries are completed her entitlement to unemployment benefit from 17 October 1985 will be determined.

104.

asked the Minister for Social Welfare if the recent refusal of a free telephone rental allowance for a person (details supplied) in County Wexford will be reconsidered in view of his spouse's poor health.

The application for a free telephone rental allowance from the person concerned will be reviewed in the light of any new medical evidence furnished in respect of his wife. A form for this purpose was issued to him on 31 October 1985. On receipt of his reply his application will be reviewed and he will be notified of the outcome.

105.

asked the Minister for Social Welfare if his Department has made a final decision in the case of a person (details supplied) in Dublin 9 who is in receipt of unemployment assistance and whose means have recently been reexamined.

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.

106.

asked the Minister for Social Welfare the reason unemployment assistance has been cancelled in the case of a person (details supplied) in County Galway as he has been in receipt of it for many years, and if he will give a detailed breakdown of the means assessed against him and how these figures were arrived at.

Following a recent investigation of his unemployment assistance claim the means of the person concerned were assessed at £59.85 weekly derived from the value of capital and from profit from his holding. His means exceeded the statutory limit and accordingly his claim to unemployment assistance was disallowed. He was recently issued with an appeal form but to date he has not returned it. He ceased signing at his local office on 15 October 1985.

In the absence of the claim papers and in the time available it is not possible to furnish details of the expenses allowed in the course of assessing means. However, arrangements are being made to recall the papers and when they are to hand a detailed statement of income and expenditure will be furnished to the person concerned.

107.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway who has been signing the unemployment register since last April has not yet had a visit from the social welfare officer; and when the decision on his application for unemployment benefit will be made.

The person concerned reapplied for unemployment assistance on 21 March 1985 but due to an oversight his papers were not referred immediately to the appropriate social welfare officer for investigation of his means. The error was rectified and the appropriate social welfare officer expects to have his investigation completed very shortly. The entitlement of the person concerned to unemployment assistance will be determined in the light of the officer's report and any arrears due will be paid at the earliest opportunity. The delay in this case is regretted.

108.

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

The old age pension claim of the person concerned is currently under investigation by the social welfare officer. Details regarding bank accounts and the spouse's occupational pension have been requested and when these are received the claim will be referred to a deciding officer for decision. The claimant will then be notified of the outcome without delay.

109.

asked the Minister for Social Welfare if he will immediately forward old age pension books to a person (details supplied) in County Galway so that he can claim an old age pension.

The old age pension book of the person concerned was forwarded to this Department on 25 October 1985 for adjustment. The book was returned to him on 30 October 1985. His application for a living alone allowance is under investigation. When the inquiries are completed a decision will be given in the matter and he will be notified of the outcome.

110.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is not in receipt of pay-related benefit.

The person concerned claimed unemployment benefit on 25 March 1985 and her claim was allowed at the appropriate weekly rate of unemployment benefit applicable in her case of £37.25, increased to £39.50 from 4 July 1985. In addition, she was entitled to pay-related benefit of £11.15 weekly. Combined weekly payments of unemployment benefit and pay-related benefit at £48.40 increased to £50.65 from 4 July 1985 continued to be made to her until 5 August 1985 when she ceased to sign the unemployed register.

111.

asked the Minister for Social Welfare the reason for regular delays in the furnishing of weekly disability moneys to a person (details supplied) in County Westmeath.

Payment of disability benefit has been issued, without delay, to the person concerned on the receipt of weekly medical evidence of his incapacity for work. Arrangements are now being made to have payments issued to him on a regular weekly basis on receipt of monthly medical certificates while he continues to be incapable of work.

112.

asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Galway who has no means or income of any type; if he will direct his Department to make immediate payment of weekly assistance and all arrears; the date on which these payments will be made; the total amounts that will be paid; and if he will make a statement on the matter.

The entitlement of the person concerned to unemployment assistance could not be determined until inquiries regarding his means were completed by a social welfare officer. The inquiries were recently completed and a deciding officer assessed his means at £7.05 weekly, derived from the value of board and lodgings in his parents home. He is accordingly, entitled to unemployment assistance at the weekly rate of £22.90 from 7 June 1985 being the appropriate rate in his case of £29.95 less means of £7.05, increased to £24.70 from 3 July 1985 being the appropriate rate of £31.75 less means of £7.05. He is a postal applicant for unemployment assistance and an order for encashment at his local post office, in respect of arrears due, amounting to £393.62, was issued to him last week. The arrears cover the period from 7 June 1985 to 1 October 1985 when he ceased to sign.

113.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick is in receipt of a reduced rate of old age pension.

It has been decided that the person concerned is entitled to old age pension at the maximum weekly rate of £62.05 from 21 June 1985 which includes £20.75 adult dependant allowance. This rate increased to £66.10 from 12 July 1985. His pension book has been recalled for the necessary change and on its receipt a book at the appropriate rate will be issued without delay. A payable order for the arrears due will be issued separately.

114.

asked the Minister for Social Welfare if his Department will grant an invalidity pension to a person (details supplied) in Dublin 17 as his own medical advisers deem him to be permanently incapable of work; and if he will make a statement on the matter.

The person concerned has been in receipt of disability benefit since 12 March 1982. Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. He was examined by a medical referee of the Department on 21 August 1985 who was of the view that the person concerned was not permanently incapable of work. He appealed against this decision and arrangements are being made to have him examined by another medical referee. His entitlement to invalidity pension will be reviewed again in the light of the report of this examination.

115.

asked the Minister for Social Welfare the reason persons (details supplied) in County Dublin receiving an old age pension have been refused free fuel; and if he will reconsider this decision.

The Eastern Health Board is responsible for the administration of the national fuel scheme in the Dublin area and it is understood from them that the application of the persons concerned for a fuel allowance under the 1985-86 national fuel scheme has been disallowed by the health board on grounds of means. The husband has a contributory old age pension of £84.20 per week including an increase for his wife, who in addition is in receipt of a disability benefit at the weekly rate of £34.70. The person concerned has been informed of his right of appeal to the appeals officer of the health board against this decision but has not done so.

116.

asked the Minister for Social Welfare if he is aware that a person (details supplied) in Dublin 5 who was made redundant by PMPA on 11 January 1985, and who attempted to continue in employment subsequently by investing redundancy earnings, is now in receipt of unemployment benefit at a rate far lower than he would have received if he had gone straight onto the dole queue on 11 January; and if his Department will agree to eliminate the anomaly in this case.

The person concerned is entitled to a weekly rate of benefit of £97.09 made up of £85 by way of unemployment benefit and £12.09 pay-related benefit. He signs for benefit five days a week and is accordingly paid at five-sixths of the weekly rate. The weekly rate of pay-related benefit was calculated by reference to the 85 per cent limit which provides that the sum of unemployment benefit, pay-related benefit and income tax refunds may not exceed 85 per cent of the average net weekly earnings of the claimant since the beginning of the income tax year in which the claim is made. The position is that the person concerned changed employment in January 1985 to one at a lower rate of earnings. However, as the benefit claim was made in the current tax year, the 85 per cent limit properly fell to be calculated by reference to earnings between April 1985 and the date of the claim for benefit as the limit is designed to limit total benefit entitlement by reference to pre-unemployment earnings. The fact that benefit did not commence until September means that because there is a limit on the length of the period of entitlement, the person concerned can continue to receive benefit beyond the point at which it would have been paid had the claim begun earlier in the year.

117.

asked the Minister for Social Welfare if he will accept evidence on behalf of a person (details supplied) in Dublin 13, a recipient of unemployment assistance, who has been penalised on the basis that he has other means; and if he will make an immediate decision in this case.

The person concerned has been in receipt of unemployment assistance at £37.85 weekly being the appropriate rate in his case of £94.15 less £56.30 means. His means are derived from self-employment. He appealed against the amount of means assessed against him and an appeals officer, following an oral hearing on 21 October 1985, assessed his means at £10.0 weekly. He is accordingly entitled to unemployment assistance at £84.15 weekly being the appropriate rate of £94.15 less means of £10. All arrears due to him will be paid this week and weekly payments of £84.15 will continue to be made as they become due.

118.

asked the Minister for Social Welfare when a person (details supplied) in County Galway who has appealed against a decision not to grant him an old age pension will have his application investigated and a decision made on his appeal.

The person concerned was visited recently by a social welfare officer but he declined to furnish documentation required to enable his claim to be fully investigated. Unless this documentation is received, his claim will have to be refused on the grounds that his means have not been fully disclosed. If he is now prepared to furnish the required documentation he should advise the Department accordingly and his title to pension will be reinvestigated.

119.

asked the Minister for Social Welfare if he will give a decision on an appeal from a person (details supplied) in County Galway to increase his unemployment assistance.

The means of the person concerned were recently reviewed and were assessed at £13.25 weekly, derived from self-employment. He has not appealed against the amount of means assessed against him and it is open to him to do so. A form for this purpose may be obtained at his local office. He is at present in receipt of unemployment assistance at £18.50 weekly, being the appropriate rate in his case of £31.75, less means of £13.25.

120.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick did not receive unemployment assistance for the period from May to 24 August this year although available for work; if the reason was due to a delay within his Department as she had subsequently to emigrate in search of work as a result of the delay by his Department; if this money will now be paid to her; and if he will make a statement on the matter.

According to the records of the Department, the person concerned claimed unemployment assistance on 1 July 1985. Her case was then referred to a social welfare officer for investigation of her means. The social welfare officer made a number of calls to her home address but as she failed to make herself available for interview, no further action could be taken in the matter.

121.

asked the Minister for Social Welfare the reason a person (details supplied) in County Donegal did not qualify for the over 80 years allowance.

An over 80 allowance pension book payable from 4 October 1985 issued on 5 November 1985. A payable order covering arrears for the period 5 July 1985 to 3 October 1985 will issue without delay.

122.

asked the Minister for Social Welfare the reason for the delay in making a decision in the case of a person (details supplied) in County Cork who applied for dental benefit to have urgent treatment carried out.

A claim to dental benefit was received from the person concerned on 8 July 1985. The treatment involved included the provision of a special bite appliance, a fee for which is not included in the Department's scale of fees. It was necessary to establish a complete dental treatment history of the claimant and to have the dental chart submitted to the chief dental adviser to determine if a contribution towards this treatment would be appropriate. The claim has now been approved on this basis and both the dentist and the claimant have been notified.

123.

asked the Minister for Social Welfare when he will pay full unemployment assistance to a person (details supplied) in Country Wexford.

The person concerned is in receipt of unemployment assistance at £28.20 weekly, being the appropriate rate in his case of £54.80 less £26.60 means derived from benefit from his wife's old age pension and from self-employment. If he is dissatisfied with the decision it is open to him to appeal and to have his means determined by an appeals officer. A form for this purpose may be obtained at his local office.

124.

asked the Minister for Social Welfare when a person (details supplied) in County Monaghan applied for an increase in small farmers unemployment assistance; and when a decision will be made.

The person concerned was assessed with means of £9.60 weekly, effective from 12 December 1983 and he has not appealed against that decision or sought a review of his means since. He is, accordingly, in receipt of unemployment assistance at £75.05 weekly being the appropriate rate in his case of £84.65 less means of £9.60.

125.

asked the Minister for Social Welfare the basis on which a person (details supplied) in County Monaghan was refused an old age pension; and when a decision will be made on his appeal.

It has been decided by an appeals officer that the person concerned is not entitled to old age pension on the grounds that he does not fulfil the statutory conditions as to means. The assessment of his means consisting of half the weekly profit as a building contractor and capital exceed the statutory limit for entitlement to pension. The claimant was notified of the appeals officer's decision on 9 August 1985.

126.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry had his unemployment assistance reduced from £38.35 to £4.05 per week; and if he will make a statement on the matter.

Following a reinvestigation of his case last March the means of the person concerned were factually assessed at £63 per week derived from profit from his holding. He appealed against the means assessment but an appeals officer also decided that his means amounted to £63 per week.

He is, accordingly, entitled to unemployment assistance at £4.05 weekly, being the appropriate rate in his case of £67.05 less means of £63. He applied for a review of his means on 31 October 1985 and his case has been referred to a social welfare officer for investigation. When these inquiries are completed, his means will be assessed by a deciding officer and the rate of unemployment assistance payable determined accordingly.

127.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry was paid only £12 per week unemployment assistance; and if he will make a statement on the matter.

The person concerned applied for unemployment assistance on 18 June 1985 and was assessed with means of £19.20 weekly. He is accordingly entitled to unemployment assistance at the weekly rate of £10.75 from 18 June 1985, being the appropriate rate in his case of £29.95 less means of £19.20, increased from 3 July 1985 to £12.55 being the appropriate rate of £31.75 less means of £19.20. It is open to him to appeal against the means assessment or to request a review of his means if his circumstances have changed. Weekly payments are continuing to be made as they become due.

128.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Kerry who is signing since last June; and if he will make a statement on the matter, setting out the cause of the long delay in this case.

The unemployument assistance claim of the person concerned could not be determined until the social welfare officer investigating his means completed his inquiries. The inquiries were protracted as the social welfare officer had to make a number of calls to the applicant's home address before he made himself available for interview.

Following the recent completion of the inquiries, the person concerned was assessed with means of £5.20 weekly derived from the value of capital and from benefit from his wife's earnings. He is accordingly entitled to unemployment assistance at £57.75 weekly, being the appropriate rate in his case of £62.95 less means of £5.20 from 4 May 1985 to 2 July 1985 and £61.85 weekly being the appropriate rate of £67.05 less means of £5.20 from 3 July 1985. All arrears due to 22 October 1985, when he ceased to sign, were paid to the person concerned on that date.

129.

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

A claimant for unemployment benefit who is a landholder but does not satisfy the contribution condition of having 78 paid contributions in a three year period is not entitled to unemployment benefit if the income from his holding exceeds £2 daily. The person concerned, who is a landholder, does not satisfy that contribution condition and inquiries have to be made to establish whether the profit from his holding exceeds £2 daily. His entitlement to unemployment benefit will be determined when the social welfare officer's inquiries are completed.

130.

Mr. Cowen

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

The person concerned was awarded a contributory old age pension at maximum rate with effect from 12 July 1985, i.e. the Friday following his 66th birthday. A contributory old age pension book contining orders payable from 4 October 1985 was issued to the designated post office for collection by him and he was notified accordingly. Arrears of contributory old age pension in respect of the period from 12 July 1985 to 3 October 1985, less the amount of invalidity pension paid to him in respect of the same period, were issued to him by payable order on 23 October 1985.

131.

Mr. Cowen

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

It has been decided that the person concerned is entitled to an old age pension at the weekly rate of £35.30 from 24 May 1985 increased to £38 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 and a share in a holding. The appropriate pension book payable from 4 October 1985 issued on 4 November 1985 and a payable order covering the arrears of pension due for the period 24 May 1985 to 3 October 1985 is in the course of issue.

132.

Mr. Cowen

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

A form on which to claim invalidity pension has been forwarded to the person concerned and on its return, duly completed, the claim will be dealt with without delay.

133.

asked the Minister for Social Welfare when unemployment assistance will be paid 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 this decision and an appeals officer, on 9 July 1985, also assessed him with means exceeding the statutory limit. He recently requested a review of his means and arrangements are being made to have his means investigated by a social welfare officer. When the social welfare officer's investigations are completed, the entitlement of the person concerned to unemployment assistance will be reviewed in the light of the amount of means assessed against him.

134.

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 residing with her daughter who is not from the information furnished, permanently incapacitated as required by the scheme. Her application for the allowance was therefore rejected and she was notified of the decision on 10 October 1985.

135.

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

It has been decided that the person concerned is entitled to an old age pension at the weekly rate of £11.30 from 17 May 1985 increased to £14 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 and the letting value of a holding. The appropriate pension book payable from 4 October 1985 issued on 25 October 1985, and a payable order covering arrears of pension due for the period 17 May 1985 to 3 October 1985 is in the course of issue.

136.

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

A claim for retirement pension in respect of the person concerned was received from the British Department of Health and Social Security on 12 March 1985. One of the qualifying conditions for receipt of a retirement pension under the Social Welfare Acts requires him to have a yearly average of at least 24 reckonable contributions over the period from 5 January 1953 to April 1984, i.e. the end of the last complete contribution year before he reached age 65. He does not satisfy this condition as the Department's records show that he had a total of only 16 Irish contributions in the required period. This is equal to a yearly average of less than 1. Neither does he qualify for an old age contributory pension at age 66 for which he needs a yearly average of at least 20 reckonable contributions from 5 January 1953 to 5 April 1985.

Where a person has been employed in another EC country his insurance in that country may be combined with his Irish record to enable him to qualify for a pro rata pension, calculated on the basis of the number of his Irish contributions in proportion to the combined total in the relevant period. The person concerned had 1,610 British contributions in addition to his 16 Irish and this entitles him to a pro rata retirement pension at the current rate of £0.85 per week. He will be transferred to a pro rata old age contributory pension when he reaches age 66 on 22 December 1985 and his weekly rate of that pension will be £1.55 per week. Where the rate of retirement pension payable is less than £1 per week, payment is normally made on a yearly basis. In this case the first payment of retirement pension will be issued to the person concerned in mid-December 1985. He is in receipt of a British retirement pension.

137.

asked the Minister for Social Welfare if he will expedite a claim for a non-contributory old age pension on behalf of a person (details supplied) in County Cork.

An application for old age pension from the person concerned was refused in August 1984 on the grounds that he did not fulfil the statutory condition as to means. The assessment of his means, consisting of the weekly value of income from a holding exceeded the statutory limit for entitlement to pension. He has not been in touch with the Department in the meantime. If the person concerned feels his circumstances have since changed he should forward a new application to the Department and his title will be re-examined.

138.

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

Following a review 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 disallowance and following an oral hearing, an appeals officer also decided that his means exceeded the statutory limit and he was not, accordingly, entitled to unemployment assistance. The person concerned, who has not been in touch with his local office since 28 August 1984, was notified on 6 June 1985 of the decision of the appeals officer.

139.

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

The person concerned has been in continuous receipt of unemployment assistance since 6 October 1982 and is at present in receipt of the weekly rate of £16.80, being the appropriate rate in his case of £92.35 less means of £75.55 derived from profit from his holding and from capital. Weekly payments will continue as they become due.

140.

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 is at present in receipt of unemployment assistance at £33.25 weekly being the appropriate rate in his case of £33.80 less means of £0.55. His means are derived from self-employment. He has not appealed against the amount of means assessed against him but it is open to him to do so if he is dissatisfied. A form for this purpose may be obtained at his local office.

141.

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

The free electricity allowance was approved for the person concerned last year and it is understood from the ESB that the allowance has applied to the person's account since November 1984.

142.

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

There is no record of receipt of a claim for a contributory old age pension from the person concerned. In order to qualify for a contributory old age pension under the Social Welfare Acts a person is required to have entered into insurable employment before she reached a prescribed age, to have at least 156 weeks of insurable employment and to have a yearly average of at least 20 reckonable contributions over the period from the beginning of the 1953-54 contribution year or from year of entry into insurance, whichever is the later, to the end of the last complete contribution year before she reached pension age. If the person concerned feels that she can satisfy these conditions she should submit a completed claim form to the Department as soon as possible. A claim form can be obtained at any post office. She is at present in receipt of a non-contributory widow's pension at the weekly rate of £44.

143.

asked the Minister for Social Welfare when he will pay full unemployment assistance to a person (details supplied) in County Wexford who is a small farmer living in a disadvantaged area.

The person concerned is in receipt of unemployment assistance at the weekly rate of £35.90, being the appropriate rate in his case of £92.35 less means of £56.45, derived from the profit from his holding. He applied for a review of his means and his case has been referred to a social welfare officer for reinvestigation and when the inquiries are completed his means will be reviewed and the rate of unemployment assistance payable determined accordingly.

144.

asked the Minister for Social Welfare the reason for the delay in paying arrears of a single woman's allowance to a person (details supplied) in County Cork.

The person concerned was awarded single woman's allowance from 23 May 1985, her 58th birthday, at the reduced weekly rate of £31.35, increased to £33.65 from July 1985. An allowance order book, payable from 18 July 1985 issued to her on 3 July 1985 and a payable order for £78.15 in respect of arrears of single woman's allowance for the period 23 May 1985 to 17 July 1985, less unemployment assistance paid for the same period, issued to her on 24 October 1985. Before the arrears of single woman's allowance could be issued to the person concerned, it was necessary to ascertain the amount of unemployment assistance paid to her and due to pressure of work at her local office there was some delay in supplying this information.

145.

asked the Minister for Social Welfare if he will check the rate of an old age pension at present being paid to a person (details supplied) in County Waterford.

The person concerned was in receipt of an old age pension of £83.25, which included child dependant allowance of £44.25 in respect of five children. One of his children reached the age limit of 18 years on 14 October 1985 and he is entitled to a pension of £75.20, inclusive of dependant child allowance of £36.10 for four children from that date. His book in respect of the children had to be adjusted and a book at the appropriate new rate was issued to him on 23 October 1985.

146.

asked the Minister for Social Welfare if he will grant a free telephone rental allowance to a person (details supplied) in County Kerry backdated to 1 September 1982, which is the date on which she became entitled to this allowance; and if he will make a statement on the matter.

The application for a free telephone rental allowance from the person concerned was approved with effect from 5 August 1983, the date of receipt of her application. It has since come to light that her sister, with whom she resides, was in receipt of the allowance, until her death in August 1982. Arrangements have therefore been made with Telecom Éireann to have the allowance backdated in the case of the person concerned to 1 September 1982 and a credit of £108 will appear on her telephone account which will issue in the next three weeks.

147.

asked the Minister for Social Welfare if he will grant a free telephone rental allowance to a person (details supplied) in County Kerry on compassionate grounds in view of the fact that his two legs were amputated; and if he will make a statement on the matter.

The free telephone rental allowance scheme is intended to benefit those pensioners for whom a telephone is the only means of summoning aid should they require it. To qualify for the allowance, therefore, 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 is residing with his wife and their nine children, seven of whom are aged 15 years or over. Neither his wife nor these children are from the information furnished permanently incapacitated as required by the scheme. Accordingly, a free telephone rental allowance cannot be granted in this case.

148.

asked the Minister for Social Welfare when a decision will be made on an appeal for unemployment assistance by a person (details supplied) in County Roscommon; and if he will give a breakdown of how his means were previously assessed.

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 did not appeal against the disallowance and he ceased signing at his local office on 4 June 1985. In the time available it is not possible to examine the papers but arrangements are being made to recall the papers in this case and a breakdown of the means assessment will then be issued to the person concerned.

149.

asked the Minister for Social Welfare when a person (details supplied) in County Roscommon appealed against a decision disallowing her claim for a single woman's allowance; how her means were assessed; and when her appeal will be expedited.

The claim for single woman's allowance, of the person concerned, was disallowed on the grounds that her means exceeded the statutory limit. Her weekly means, derived from the value of capital and from profit from a holding were assessed at £42.34. She appealed against the decision on 16 July 1985 and arising from contentions made in support of her appeal her case was forwarded to a social welfare officer for reinvestigation of her means. These investigations have been completed and her case has been referrd to an appeals officer for decision at the earliest available opportunity.

150.

asked the Minister for Social Welfare the reason unemployment assistance was discontinued in the case of a person (details supplied); when he appealed his case to his Department; and when a decision will be made.

Following a review, the unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from profit from his holding exceeded the statutory limit. He appealed against the decision on 16 August 1984 but an appeals officer also decided that his means exceeded the statutory limit. The person concerned, who has not signed at his local office since 9 April 1985, was notified on 28 November 1984 of the decision of the appeals officer.

151.

asked the Minister for Social Welfare if he will give a breakdown of how means were assessed for unemployment assistance for a person (details supplied) in County Roscommon.

The unemployment assistance claim of the person concerned was disallowed from 30 August 1985 on the grounds that his means derived from the profit from his holding and from the value of capital exceeded the statutory limit in his case. The profit from his holding was calculated at £4,300 per annum, and the value of his capital was calculated, in accordance with the statutory provisions, at £294.40 per annum. His total annual income therefore amounted to £4,594.40 per annum.

152.

asked the Minister for Social Welfare the reason a prescribed relative's allowance has been withdrawn from a person (details supplied) in County Roscommon; and the way in which the statutory requirements for receipt of this allowance are not being fulfilled in this case.

Following a review of the prescribed relative allowance of the person concerned it is considered that the prescribed relative, because of the extent to which he is engaged in running a farm, is not in a position to provide her with full time care and attention. On receipt of her prescribed relative allowance book, which has been requested, the case will be referred to a deciding officer for decision, and she will be notified of the outcome as soon as possible. If the person concerned is dissatisfied with the deciding officer's decision in her case she may appeal against it within 21 days.

153.

asked the Minister for Social Welfare if he will give a breakdown of how means were assessed for a person (details supplied) in County Roscommon for an old age pension; when this decision was appealed; and when a decision will be made on the matter.

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 comprising half the weekly value of capital (i.e., £63.32), the disposal of a large part of which is not acceptable for pension purposes, and half the weekly value of income from letting of land (i.e., £3.11) exceeds the statutory limit (£48 a week) for entitlement to pension. An appeal was lodged by the person concerned on 23 October 1985. The cases have been referred to an appeals officer whose decision will be given as soon as possible. The person concerned will be notified of the outcome without delay.

154.

asked the Minister for Social Welfare when an appeal for unemployment assistance will be heard for a person (details supplied) in County Donegal.

Arising from contentions made by the person concerned in support of his appeal against the means assessment in his unemployment assistance claim, the case was referred to a social welfare officer for further inquiries. The inquiries which are extensive are not yet completed and when they are his case will be referred to an appeals officer for determination. The rate of unemployment assistance payable will be reviewed in the light of the decision of the appeals officer. He is at present in receipt of unemployment assistance at the weekly rate of £10.75 being the appropriate rate in his case of £33.80 less means of £23.05.

155.

asked the Minister for Social Welfare the reason a person (details supplied) in County Donegal who is claiming disability benefit for the past year has received no payment or decision on her claim.

Medical certificates in respect of the person concerned for the period 6 September to 27 September 1985 were received in the Department on 1 October. A completed claim form for disability benefit subsequently received from her showed that she was last insurably employed in Northern Ireland. Under the EC Regulations on social security her claim for sickness benefit is, therefore, the responsibility of the Department of Health and Social Services, Belfast, and the relevant documents were accordingly transferred to the Northern Ireland authorities on 18 October. They have been contacted in the matter and have advised that further medical evidence is required before a decision can be made on the claim. The Department of Health and Social Services have undertaken to contact the person concerned directly regarding the required medical evidence and to make a decision on the claim with all possible speed.

156.

asked the Minister for Social Welfare if he will accept that it is a grave injustice to withdraw the free electricity allowance, the free television radio licence, free telephone rental alowance, free travel and other such concession from widows on the death of their husbands because they had not attained age 66 or were not otherwise qualified, especially in all cases where the allowances were in operation as based on the late husbands' entitlement; if he will take appropriate steps to rectify this widespread injustice; and if he will make a statement on the matter.

The benefits to which the Deputy refers were introduced to provide, subject to the fulfilment of qualifying conditions appropriate to each scheme, additional assistance to persons aged 66 years and over and to persons under that age who are permanently incapacitated. On the death of a qualified pensioner, the surviving widow's entitlement to these benefits is determined under the same conditions as apply to other categories of beneficiaries. To grant these benefits to widows who do not meet the qualifying conditions in their own right in their circumstances indicated by the Deputy would remove a basic requirement of the scheme (i.e. age or permanent incapacity) and would, therefore, have wide ranging and costly implications. There are no proposals for such a change at this time.

157.

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

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 suport of his appeal his case was referred to a social welfare officer for further inquiries. When these inquiries are completed his case will be referred to an appeals officer for determination of his means. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

158.

asked the Minister for Social Welfare the reason unemployment assistance is not being paid at the maximum rate to a person (details supplied) in County Kilkenny.

The person concerned was assessed with means of £28.50 weekly derived from the value of board and lodging on his brother's holding. He was in receipt of unemployment assistance at £3.25 weekly being the rate which was applied to him, £31.75 less means of £28.50. However, he should have been paid at £5.30 weekly, being the appropriate higher rate of £33.80 less means of £28.50. All adjusting arrears due to him will be paid this week. Following a recent examination of his claim it has come to light that his means were under assessed by £0.40 and his means have been reassessed to £28.90 weekly, effective from 30 October 1985. He is accordingly, entitled to unemployment assistance at £4.90 weekly being the appropriate rate of £33.80 less means of £28.90. Payments at this new rate will commence this week and will continue to be made as they become due. If he is dissatisfied with the amount of means assessed against him it is open to him to appeal. A form for this purpose may be obtained at his local office.

159.

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

The person concerned claimed an old age contributory pension on 5 July 1985. He did not supply an insurance number and it has not been possible to trace one from the details supplied by him and, consequently, his entitlement to the pension cannot be determined. The local social welfare officer has been asked to call on him to ascertain if he had insurable employment which would enable him to satisfy the qualifying contribution conditions.

160.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork has not received payment of unemployment benefit, as she applied three months ago.

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions at a class providing cover against unemployment, paid or credited in the governing contribution year. The entitlement of the person concerned to unemployment benefit is governed by her contribution record during the contribution period 6 April 1983 to 5 April 1984. Inquiries are being made to ascertain whether a contribution class which provides cover against unemployment was appropriate to her employment during this period. These investigations will be completed as soon as possible and her entitlement to unemployment benefit will then be decided.

161.

asked the Minister for Social Welfare to examine the case of a person (details supplied) in County Clare.

Following a review, the unemployment assistance claim of the person concerned was disallowed from 18 September 1985 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 recently appealed against the disallowance and arrangements are being made to afford him a further opportunity to disclose his means. If he agrees to co-operate an investigation will be carried out and his entitlement to unemployment assistance will be determined in the light of the amount of means assessed against him.

162.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who applied for unemployment assistance in early September 1985, will receive payment.

The person concerned applied for unemployment assistance on 7 October 1985 and his case has been referred to a social welfare officer for investigation of his means. When these inquiries are completed his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.

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