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Dáil Éireann debate -
Thursday, 7 Nov 1985

Vol. 361 No. 7

Written Answers. - Social Welfare Benefits.

73.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway who is in receipt of maternity allowance only received £319.79.

The person concerned was entitled to payment under the general maternity scheme for the 12 week period from 24 June 1985 to 14 September 1985. She had, however, been paid unemployment benefit up to 30 July 1985 in this period. Maternity and unemployment benefits cannot be paid concurrently and she was therefore only due full weekly payment of £47.97 from 31 July 1985 until 14 September 1985 when her entitlement to benefit ceased. A cheque for £319.79 which represented maternity benefit due for the period 31 July 1985 to 14 September 1985 issued to her on 26 September 1985.

74.

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

The person concerned was assessed with means of £104.30 derived from the profit from his holding. He appealed against this decision and an appeals officer assessed his means at £103 weekly. He is, accordingly, in receipt of unemployment assistance at £15.65 weekly, being the appropriate rate in his case of £118.65 less means of £103.

75.

asked the Minister for Social Welfare if he will change a person (details supplied) in County Galway from disability benefit to an invalidity pension.

The person concerned has been in receipt of disability benefit since 13 November 1982. Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work.

To determine his entitlement to invalidity pension the person concerned was examined on 22 August 1985 by a medical referee who expressed the opinion that he was not permanently incapable of work and requested that he be referred for a further examination in February 1986. He is not, therefore, qualified for the receipt of invalidity pension.

76.

asked the Minister for Social Welfare the reason no decision has been reached on an appeal by a person (details supplied) in County Longford against disallowance of his application for unemployment assistance as this appeal was forwarded to his Department in August last.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his earnings, derived from self-employment as a painter and from the benefit from his holding exceeded the statutory limit. He appealed against the disallowance but an appeals officer also decided that his means exceeded the statutory limit, and he was notified of the decision on 1 July 1985. It is understood that the person concerned is in receipt of supplementary welfare allowances.

77.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Kerry who is signing now for the past ten weeks.

The person concerned claimed unemployment benefit from 22 August 1985. Inquiries had to be made to establish that she fulfilled the condition of being available for work before her entitlement to unemployment benefit could be determined.

These inquiries were recently completed and her claim was allowed at the maximum flat rate of unemployment benefit appropriate to a married woman, £34.70 weekly. A voucher for encashment at her local post office in respect of all arrears due issued to her on 29 October 1985. Further weekly payments will be made as they become due. Inquiries are being made at present to ascertain whether the person concerned may also be entitled to pay-related benefit.

78.

asked the Minister for Social Welfare the reason the appeals officer refused the application of a person (details supplied) in County Kerry in view of the fact that he either has handed over or is handing over his small holding to a member of the family who cannot afford to take up residence presently for financial reasons; and if he will make a statement on the matter

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 condition as to means. The assessment of his means comprising the estimated income from a holding and the weekly value of capital exceed the statutory limit for entitlement to pension. The transfer of his holding and the disposal of a large part of his capital have not been accepted for old age pension purposes.

79.

asked the Minister for Social Welfare the reason for the refusal of his Department to give full unemployment assistance entitlements to a person (details supplied) in County Clare in view of the extreme hardship being suffered by this family as they have no means of income outside the fishing season from 4 May to the third week in July.

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 has been informed of this decision by his local office. He has been issued with an appeal form. If he is dissatisfied with the disallowance it is open to him to complete and return the appeal form and his case will be submitted to an appeals officer for determination.

80.

asked the Minister for Social Welfare if he will reconcile the decision in the case of a person (details supplied) in County Cork whose appeal was rejected on the grounds that she was not incapable of work under the Social Welfare Act, 1981, during the period from 10 October 1984 to 25 September 1985, the date of her latest medical certificate, with the fact that she is presently awaiting admission to the Mercy Hospital, Cork, for tests with a view to further treating her conditions; and was her doctor contacted for medical evidence before the decision was made, especially when she postponed admission to hospital because of a medical examination by his Department on 9 October 1985.

Payment of disability benefit to the person concerned was disallowed from 10 October 1984 following an examination by a medical referee who expressed the opinion that she was capable of work.

She appealed against the disallowance and she was examined by a different medical referee on 29 November 1984 who also considered her to be capable of work. She was advised of this result and supplied with a form of appeal on 5 December 1984. The completed form was received in the Department on 4 March 1985.

The person concerned and her doctor were invited to attend an oral appeal hearing on 13 September 1985. However, her doctor did not attend the hearing and the appeals officer requested a further examination by a medical referee before determining the appeal.

She was again examined by a medical referee on 9 October 1985 and was again considered to be capable of work. The appeals officer then decided that on the basis of the evidence before him that she was not incapable of work from 10 October 1984 to 25 September 1985, the date of the latest medical evidence before him. His decision is final and can only be altered in the light of new facts or fresh evidence.

81.

asked the Minister for Social Welfare if he will restore free electricity to a person (details supplied) in County Kerry in view of the fact that she was afraid to tell the social welfare officer when he called that she was living alone as she did not recognise him as an official of his Department; and if he will make a statement on the matter.

The person concerned was visited by a social welfare officer who ascertained that her son, daughter-in-law and their family resided with her. As they did not come within the excepted categories for satisfying the living alone condition of the scheme her free electricity allowance was terminated. In the light of the information now furnished by the Deputy further inquiries will be made in the case and when these are completed, her entitlement to the allowance will be reviewed without delay.

82.

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

There is no record of receipt of a claim for a contributory old age pension from the person concerned. His entitlement to a non-contributory old age pension is at present under investigation. On completion of inquiries his case will be referred to a deciding officer for decision and he will be notified of the outcome without delay

83.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare who was widowed on 22 September 1985 did not receive the customary six weeks payment of an old age pension at death.

A payable order for £283.20 covering six weeks old age pension due on the death of her late husband is in the course of issue to the person concerned. The delay in this case was due to an oversight and any inconvenience caused is regretted.

84.

asked the Minister for Social Welfare when pay-related benefit and unemployment benefit will be paid to a person (details supplied) in County Carlow.

The person concerned claimed unemployment benefit from 1 October 1985. Inquiries had to be made to establish that she fulfilled the condition of being available for work before her entitlement to unemployment benefit could be determined.

These inquiries were recently completed and her claim was allowed, from the date of claim, at £34.70 weekly which is the maximum flat rate unemployment benefit payable to a married woman. All arrears due were paid to her on 15 October 1985. Inquiries, which will be completed as soon as possible, are being made to ascertain if she is entitled to pay-related benefit.

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