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Dáil Éireann debate -
Wednesday, 6 Nov 1985

Vol. 361 No. 6

Written Answers. - Social Welfare Benefits.

76.

asked the Minister for Social Welfare when he will return a disability pension book to a person (details supplied) in County Wexford.

A renewal invalidity pension order book payable from 3 October 1985 was issued to the designated post office of payment on 12 September 1985. A letter was received on 23 October 1985 from the person concerned stating that he had not received this book. A replacement pension order book was issued to him on 31 October 1985. This book was payable from 3 October 1985.

77.

asked the Minister for Social Welfare the reason unemployment benefit has not been paid to a person (details supplied) in County Galway despite the fact that his Department recognise that proper contributions have been paid by both him and his employer; the reason that he has been allowed to sign for so long and that no payments have been made to him; if he will now direct that immediate payments be made, both weekly and arrears to him; the date on which these payments will be made; if he can justify in respect of the long period of time that he has been signing; and if he will make a statement on the matter.

A person who has exhausted 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 insurable employment after 156 days of benefit have been drawn are counted for this purpose. The person concerned exhausted his entitlement to 390 days unemployment benefit on 10 December 1984. He produced a form P45 which showed that he had been employed on a part time basis after the exhaustion of 156 days of unemployment. Extensive inquiries had to be made to establish that the employment was insurable at the appropriate contribution rate for the purpose of requalifying for unemployment benefit.

A person who is a landholder but does not satisfy the contribution condition of having 78 contributions paid in a three year period is not entitled to unemployment benefit if the income from the holding exceeds £2 daily. In the course of inquiries it emerged that the person concerned is a beneficial occupier of land and as he did not satisfy the contribution condition of having 78 contributions paid in a three year period, the income from his holding was investigated and it exceeded £2 daily. Accordingly, his claim to unemployment benefit was disallowed and he has been notified of the decision. He was advised of his right to apply for a qualification certificate but has not done so.

78.

asked the Minister for Social Welfare the reason an old age pension has not been paid to a person (details supplied) in County Galway who has been an applicant for a long period of time; if he will now direct his Department to make an immediate payment; the reasons for the long delay; the weekly amount to be paid; the total arrears that will be paid; the date on which these payments will be made; and if he will make a statement on the matter.

Following a review of the old age pension entitlements of the person concerned it was discovered that she had means from capital which had not been previously disclosed. She was overpaid £2,875 in the period from 30 September 1978 to 2 May 1985. The latest assessment of her means, consisting of the weekly value of capital and a one-third intestacy share in a holding entitles her to pension at the weekly rate of £28. The amount overpaid is being recovered by withholding arrears of £755 for the period 3 May 1985 to 7 November 1985 and by withholding £6 from her current pension entitlement, and a pension of £22 is accordingly being paid to her. The appropriate pension book payable from 8 November 1985 issued on 5 November 1985. The delay in finalising her current entitlement was due, mainly, to difficulty in establishing her means since 1978.

79.

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

The unemployment assistance claim of the person concerned has been referred to a social welfare officer for investigation of her means. These inquiries are proving protracted, but it is expected that they will be completed within the next two weeks. As soon as inquiries are completed her means will be assessed and her entitlement to unemployment assistance will be determined in the light of the amount of means assessed against her.

80.

asked the Minister for Social Welfare whether there is any lower age limit for prescribed relatives to be eligible for the prescribed relative's allowance where all other conditions are satisfied.

The legislation relating to the payment of this allowance does not provide for such an age limit. In practice, however, as regard would be had to the capacity of the relative to provide the full-time care and attention which the scheme requires, payment would not be approved in the case of a relative under the school leaving age of 15 years.

81.

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

The old age pension case of the person concerned is currently under investigation. On completion of inquiries the case will be referred to a deciding officer and the claimant will be notified of the decision without delay.

82.

asked the Minister for Social Welfare when the oral hearing of the unemployment assistance appeal by a person (details supplied) in Dublin 11 will take place.

Arising out of contentions made by the person concerned in support of his appeal against the assessment of £17.90 means, 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 of his means. It is a matter for the appeals officer whether he grants an oral hearing or not 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 applicant is at present entitled to unemployment assistance at £60.85 weekly being the appropriate rate in his case of £78.75 less means of £17.90. His rate of unemployment assistance will be reviewed in the light of the decision of the appeals officer.

83.

(Limerick West) asked the Minister for Social Welfare when a decision will be made by an appeals officer in respect of an application for unemployment assistance from a person (details supplied) in County Limerick.

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 did not exceed the statutory limit. He failed to furnish full particulars of his home circumstances. He appealed against the disallowance and the case was referred to an appeals officer who, however, required further information and it was necessary to refer the papers again to a social welfare officer. The inquiries are now completed and arrangements are being made to refer the case to an appeals officer for determination at the earliest available opportunity. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

84.

asked the Minister for Social Welfare when a decision will be made concerning the application for an old age pension by a person (details supplied) in Dublin 22.

It has been decided that the person concerned is entitled to old age pension at the weekly rate of £7.40 which includes living alone allowance of £3.40 from 4 October 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 issued on 23 October 1985.

85.

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

The person concerned was assessed with means of £33.65 weekly derived from profit from his holding, with effect from 17 April 1985, His means exceeded the maximum rate of unemployment assistance payable to him at that time and accordingly his claim was disallowed.

However, from 3 July when the maximum rate increased he was entitled to the weekly rate of £0.15 being the appropriate rate in his case of £33.80 less means of £33.65. Due to an oversight it was omitted to bring his claim into payment. Arrangements have been made to have the matter rectified and arrears due from 3 July 1985 will be paid next week.

Weekly payments of £0.15 will continue to be made as they become due. He appealed against the means assessment and, arising from contention made in support of his appeal, the case was referred to a social welfare officer for further inquiries. When the inquiries are completed his case will be referred to an appeals officer for determination of his means and the rate of unemployment assistance payable will be reviewed in the light of the decision of the appeals officer.

86.

asked the Minister for Social Welfare if an decision has yet been made on the claim by a person (details supplied) in County Offaly for unemployment assistance where the application was made ten weeks ago.

The person concerned claimed unemployment assistance on 2 September 1985 and his case was referred to a social welfare officer for investigation of his means. These inquiries were completed recently and arrangements are being made to submit his case to a deciding officer for assessment of his means. His entitlement to unemployment assistance will be determined in the light of the amount of means assessed against him.

87.

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

Before the entitlement of the person concerned to unemployment assistance could be determined it was necessary to have her claim referred to a social welfare officer for investigation of her means. The inquiries were recently completed and she was assessed with means of £1.50 weekly derived from the value of board and lodging in her parents' home. She is, accordingly, entitled to unemployment assistance at the weekly rate of £30.25 from 16 August 1985, being the appropriate rate in her case of £31.75 less means of £1.50. Weekly payments will commence this week. She was in receipt of supplementary welfare allowance pending the outcome of her claim and when the amount to be recouped to her local health board is known the balance of any arrears due will be paid to her. Weekly payments will continue to be made as they become due.

88.

asked the Minister for Social Welfare if he will make a statement on the position of Irish citizens in receipt of British social welfare benefit; and if he will amend the existing regulations to enable them to apply for free electricity and other benefits.

Persons aged 66 or over who are receiving British social security retirement pensions may qualify for free electricity allowance, free television licence and free telephone rental allowance provided they satisfy the other conditions of the schemes.

These benefits are not available to persons who are receiving a British invalidity pension and there are practical difficulties in relation to their extension to this category because of differences between the British invalidity scheme and the Irish invalidity scheme which carries an entitlement to these benefits. Any such extension would, in any event, have significant cost implications and there are no proposals at this time to extend the free electricity allowance and other similar schemes in this way.

89.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry cannot get unemployment assistance at the full rate, in view of the fact that he has a very bad small holding and that he is in poor circumstances and if he will make a statement on the matter.

Following a review of the unemployment assistance claim of the person concerned he was assessed with means of £27.25 weekly derived from the value of capital and from the profit from his holding. He is, accordingly, entitled to unemployment assistance at £6.55 weekly being the appropriate rate in his case of £33.80 less means of £27.25. He appealed against the amount of means assessed against him and an appeals officer on 25 October 1985 also assessed his means at £27.25 weekly. He will be notified of this decision through his local office.

90.

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

The person concerned reapplied for unemployment assistance on 22 July 1985 and following inquiries his claim was allowed from that date at £84.65 weekly being the appropriate maximum rate payable to him. Arrears due were paid on 26 September 1985 and further weekly payments will be made as they become due.

91.

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

The person concerned was paid injury benefit from 25 January 1985 in respect of an incapacity resulting from an accident at work on 22 January 1985.

Following examination on 19 April 1985 by a medical referee who considered the claimant capable of work, payment of further benefit was disallowed. The claimant appealed against the decision and was re-examined on 20 June 1985 by a different medical referee who confirmed the earlier opinion. The appeal has been referred to the chief appeals officer and an oral hearing will be held as soon as possible.

92.

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

The appeal of the person concerned against the assessment of £18.85 means, derived from self-employment, has been dealt with by an appeals officer who has assessed his means at £6.90 weekly, affective from 6 May 1985.

He is, accordingly, entitled to unemployment assistance at £23.05 weekly being the appropriate rate in his case of £29.95 less means of £6.90 from 6 May 1985 to 2 July 1985 and £24.85 weekly, being the appropriate rate of £31.75 less means of £6.90, from 3 July 1985. All arrears due as a result of the means adjustment will be paid this week and weekly payments of £24.85 will continue to be made as they become due.

93.

asked the Minister for Social Welfare if he is satisfied that the proper calculations were made in assessing the means of a person (details supplied) in County Clare in view of the fact that third level students are given subsistence for a particular period.

The means of the person concerned were assessed at £30.70 weekly derived from the value of board and lodging on his parents' holding and from the maintenance portion of a student grant. Under the legislation governing the calculation of means for unemployment assistance, all income, and this includes the maintenance portion of a student grant, which a person may reasonably expect to receive during the succeeding year, in cash, is taken into account.

94.

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

The person concerned claimed a retirement pension on 1 April 1985. One of the qualifying conditions for receipt of a retirement pension under the 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 his year of entry into insurance under the Acts, whichever is the later, to the end of the last complete contribution year before reaching pension age. The person concerned does not satisfy this condition as he has no record of insurable employment in Ireland since the beginning of the 1953 contribution year. Neither did he qualify for old age contributory pension on reaching age 66 on 21 June 1985. A yearly average of at least 20 is required for this latter pension.

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. Since the person concerned has no record of Irish insurance in the relevant period he is not entitled to a pro rata pension from the Department. He is in receipt of a British retirement pension.

There is no record of receipt of a claim for a non-contributory old age pension from him. If he wishes to claim such a pension he should submit a completed claim form as soon as possible. A claim form can be obtained at any post office.

95.

asked the Minister for Social Welfare when arrears of a children's allowance will be paid to a person (details supplied) in County Louth.

The claimant in this case has already received payment in respect of the child in question up to and including June 1985. A further application for continuation of children's allowance in respect of the child was received on the 10 October 1985. The allowance has been awarded for the period July 1985 to November 1985 and the appropriate allowance book has been issued to the claimant's home address. The child in question reaches 18 years of age in November 1985 and is, therefore, not eligible for payment of allowance after that date.

96.

Mr. Coughlan

asked the Minister for Social Welfare when a decision will be given in respect of a person (details supplied) in County Donegal for unemployment assistance.

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 did not exceed the statutory limit. He failed to disclose particulars of his home circumstances. He was notified of the decision.

He appealed against the disallowance and the papers have recently been referred to a social welfare officer to afford him another opportunity to cooperate in the disclosure of his means. When the inquiries are completed the case will be referred to an appeals officer for determination of his means. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

97.

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

The person concerned reapplied for unemployment assistance on 27 August 1985 and the case was referred to a social welfare officer for investigation of his means. Inquiries have not yet been completed and when they are his case will be referred to a deciding officer for assessment of his means and his entitlement to unemployment assistance will be reviewed accordingly. In the meantime, as it has now come to light that the person concerned is the holder of a qualification certificate issued last year, arrangements have been made to put his claim into payment this week on the basis of the existing qualification certificate.

He is, accordingly, entitled to unemployment assistance at the weekly rate of £9.85, being the appropriate rate in his case of £79.50 less means of £69.65. A voucher for the arrears due from 27 August will be posted to him this week and weekly payments will continue as they become due.

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