asked the Minister for Social Welfare when a person (details supplied) in County Kerry will be called for an oral hearing of his appeal against the decision to refuse to pay him unemployment assistance, in view of the fact that he is not residing in the family home and he does not work there; and if he will make a statement of the matter.
Written Answers. - Social Welfare Benefits.
187.
Following the recent completion of investigations into his means by the social welfare officer, the appeal of the person concerned was referred to an appeals officer. The applicant had however refused to co-operate with the social welfare officer in the investigation of his means and the appeals officer had no option in the circumstances but to disallow the appeal. The appeals officer decided accordingly on 8 November 1985.
188.
asked the Minister for Social Welfare the reason a person (details supplied) in County Tipperary has been refused pay-related benefit although he was paying full PRSI for the period 1983 to 1984; and if he will make a statement on the matter.
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 claimed unemployment benefit on 17 June 1985 having been self-employed for six months. His claim was allowed at the appropriate maximum weekly flat rate of £85. The 85 per cent limit applicable on his claim has been calculated at £79.33 based on his earnings in the income tax year 6 April 1984 to 5 April 1985 and as the rate of flat rate unemployment benefit exceeds this figure, pay-related benefit is not payable in this case.
189.
asked the Minister for Social Welfare if an unmarried mother (details supplied) in Dublin 13 is entitled to fuel vouchers; and if he will make a statement on the matter.
The Eastern Health Board is responsible for the administration of the national fuel scheme in the Dublin area and according to their records there is no trace of an application for a fuel allowance having been received from the person concerned. One of the conditions for receipt of a fuel allowance is that the applicant must be living alone or with excepted persons. From the information provided by the Deputy it appears that this condition may not be fulfilled. If the person concerned wishes to have her application examined she should apply in writing to the community welfare officer at the local health centre.
190.
asked the Minister for Social Welfare the basis on which a person (details supplied) in Dublin 13 has been assessed as having means of £10 per week; and if his Department will indicate the source from which such means are available to him and the reason they are now seeking recoupment of an alleged overpayment.
Following an oral hearing of his case on 21 October 1985 the person concerned was assessed by an appeals officer with means of £10 weekly, derived from self-employment as a karate instructor.
There is no overpayment in this case. However, pending the outcome of his appeal against the previous assessment of £56.30 means he was in receipt of supplementary welfare allowance and if any arrears of unemployment assistance are due to him they will be paid when the amount of supplementary welfare allowance which he received has been notified to his local office by the health board.
191.
Mr. Cowen
asked the Minister for Social Welfare when the unemployment assistance appeal of a person (details supplied) in County Offaly who is awaiting the issue of a qualification certificate as a matter of urgency will be decided.
The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from self-employment, exceeded the statutory limit. He appealed against the disallowance on 30 October 1985 and arrangements are being made to submit his case to an appeals officer who will deal with it at the first available opportunity. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.
192.
Mr. Cowen
asked the Minister for Social Welfare if he will confirm that all payments of unemployment benefit due to a person (details supplied) in County Offaly has now been paid up to date as a result of his application for unemployment benefit from 22 August 1985.
The person concerned claimed unemployment benefit on 22 August 1985 and as he is a landholder inquiries had to be made to establish whether he satisfied the contribution condition of having 78 paid contributions in a three year period. When these inquiries were completed his claim was allowed at £35.35 weekly, being the appropriate rate payable in his case. In addition he qualified for pay-related benefit of £8.57 weekly based on his earnings in the relevant income tax year 6 April 1983 to 5 April 1984.
He is a postal claimant and an order for encashment at his local post office issued to him on 10 October 1985 paying all arrears due less the amount of unemployment assistance already paid to him. He is at present in receipt of combined weekly payment of £43.92 comprising flat rate unemployment benefit of £35.35 and pay-related benefit of £8.57.
193.
Mr. Cowen
asked the Minister for Social Welfare if a person (details supplied) in County Offaly is receiving his full entitlement as a married man with two children on unemployment benefit.
The person concerned claimed unemployment benefit on 11 January 1985 and his claim was allowed at the weekly flat rate unemployment benefit of £70.25, being the maximum rate payable to a man claiming in respect of a wife and one child dependant.
On the 26 June 1985 he was paid an increase of £9.90 in respect of a second child and payment of unemployment benefit continued at the weekly rate of £80.15 increasing to £85 from 4 July 1985. He exhausted 156 days of benefit on 17 July 1985 and as he did not fulfil the contribution condition of having 280 paid contributions in a seven year period for continuous payment of unemployment benefit at the maximum rate, his weekly rate of unemployment benefit was reduced from £85 to £73.85.
Entitlement to pay-related benefit with flat rate unemployment benefit is subject to the condition that the weekly rate 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 85 per cent applicable in this case has been calculated at £83.26 and accordingly the weekly amount of pay-related benefit to which the person concerned was entitled was limited to £13.01 from 11 January 1985 to £3.11 from 26 June 1985, to nil from 4 July 1985 and to £9.41 from 17 July 1985. He is at present in receipt of a combined weekly payment of £83.26 and further payments will be made as they become due.
194.
Mr. Cowen
asked the Minister for Social Welfare when a person (details supplied) in County Offaly will receive his entitlements to unemployment assistance.
A claimant for unemployment benefit who is a landholder but does not satisfy the contribution condition of having 78 paid contributions in either the last three complete contribution years immediately preceding the date of his claim or in the three years immediately preceding that date, is not entitled to unemployment benefit if the income from his holding exceeds £2 daily.
The person concerned who is a seasonal worker in Bord na Móna is also a landholder. He does not satisfy the contribution condition in the last three complete contribution years as he had only 76 contributions during this period. He has been requested to furnish a P45 in order to ascertain whether he satisfies the contribution condition in the three years immediately preceding his claim. He was also requested on 29 August 1985 and 10 September 1985 to furnish particulars regarding his holding to establish whether the profit from it exceeds £2 daily. He has not replied to date. His entitlement to unemployment benefit will be considered when the information requested has been furnished. The person concerned has not applied for unemployment assistance but it is open to him to do so.
195.
Mr. Cowen
asked the Minister for Social Welfare when the unemployment assistance application of a person (details supplied) in County Offaly will be processed with a view to him obtaining receipt of unemployment assistance as soon as possible.
The person concerned reapplied for unemployment assistance on 7 October 1985 and was paid on the basis of a qualification certificate he held from an earlier period. His means were assessed at £28.85 weekly derived from the profit from his holding. He is, accordingly, entitled to unemployment assistance at the weekly rate of £25.85 being the appropriate rate in his case of £54.80 less means of £28.85.
It also recently came to light that due to an oversight at his local office the person concerned was not paid unemployment assistance for the period 13 March 1985 to 3 June 1985, and the arrears due for both that period and for the present claim were posted to him on 7 November 1985. Weekly payments will continue to be made as they become due.
195.
Mr. Cowen
asked the Minister for Social Welfare when a person (details supplied) in County Offaly will obtain receipt of smallholders' assistance.
The person concerned applied for unemployment assistance on 15 October 1985 and the case was referred to a social welfare officer for investigation of his means. When these inquiries are completed the entitlement of the person concerned to unemployment assistance will be determined in the light of the means assessed against him.
197.
Mr. Cowen
asked the Minister for Social Welfare when a decision on an unemployment assistance appeal will be given in the case of a person (details supplied) in County Offaly.
Arising out of contentions made by the person concerned in support of his appeal of 11 September 1985 against the assessment of £96.15 means his case was referred to a social welfare officer for further inquiries. The inquiries were completed recently and his case was submitted to an appeals officer for determination. His appeal will be dealt with at the first available opportunity and 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 £3.65 weekly, being the appropriate rate in his case of £99.80 less means of £96.15.
198.
Mr. Cowen
asked the Minister for Social Welfare if he will ensure the restoration of £12 per week deducted from a recipient of unemployment assistance (details supplied) in County Offaly as a result of his son reaching 18 years on 9 October 1985, as the boy is continuing in fulltime education at third level.
An increase in the rate of unemployment assistance payable in respect of a qualified child terminates in all cases when the child attains the age of 18 years.
The person concerned was in receipt of unemployment assistance when the child referred to in the details supplied attained the age of 18 years on 7 October 1985. The rate of unemployment assistance payable to the applicant was reduced from £86.45 weekly to £78.75 weekly with effect from that date.
Children's allowance in respect of the child in question was paid until June 1984, the period up to which his attendance in fulltime education was certified. If the child resumed full time education a continuation of childrens allowance would be payable in respect of the child in question up to his 18th birthday. An application form for this purpose is available at any post office.
199.
Mr. Cowen
asked the Minister for Social Welfare if the level of payment of smallholders' assistance to a recipient (details supplied) in County Offaly will be restored to the level payable before an assessment made in May 1985.
Following reinvestigation of his unemployment assistance claim the means of the person concerned were assessed from 26 June 1985 at £50.25 weekly derived from the profit from his holding. He is, accordingly in receipt of unemployment assistance at £34.40 weekly being the appropriate rate in his case of £84.65 less means of £50.25. If he is dissatisfied with the amount of means assessed against him it is open to him to appeal and have his means determined by an appeals officer. A form for this purpose can be obtained at his local office.
200.
Mr. Cowen
asked the Minister for Social Welfare when payments of a living alone allowance commenced to a person (details supplied) in County Offaly.
The person concerned is in receipt of old age contributory pension since 23 November 1984. There is no record of receipt of a claim for a living alone allowance from him. The Deputy's recent representations have been treated as a claim for the allowance and the local social welfare officer has been asked to investigate his entitlement. A decision will be made when the officer's report is received.
201.
Mr. Cowen
asked the Minister for Social Welfare when the unemployment assistance appeal of a person (details supplied) in County Offaly will be processed.
The person concerned is at present in receipt of unemployment assistance at the weekly rate of £35.05, being the appropriate rate in his case of £62.95 less means of £27.90, derived from the value of capital. He was issued with an appeal form on 8 November 1985 to enable him to appeal against the amount of means assessed against him. When he returns the form his appeal will be referred 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.
202.
asked the Minister for Social Welfare in view of the incorrect information given to Deputy Crowley in answer to Parliamentary Question No. 125 of 30 October 1985 regarding a person (details supplied) in County Cork and his application for invalidity pension, if he will state what became of this application and when a decision will be made on it.
A form on which to claim invalidity pension was forwarded to the person concerned on 30 October 1985, as indicated in reply to the Deputy's question of that date. This form was received back in the Department on 5 November 1985. The pension has been awarded from 7 November 1985. A pension book payable from 5 December 1985 will be issued in the near future to the designated post office of payment. Arrears in respect of the period from 7 November 1985 to 4 December 1985, less the amount of disability benefit paid during that period, will be paid by payable order. There is no trace in the Department's record of the receipt of an earlier claim form from the person concerned.
203.
asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Galway.
Following reinvestigation of the means of the person concerned his claim to unemployment assistance was disallowed on the grounds that the means assessed against him of £36 weekly, derived from the value of board and lodging on his father's holding, exceeded the statutory limit.
He appealed against this decision and an appeals officer, on 17 October 1985, also assessed his means at £36 weekly and accordingly his claim to unemployment assistance continues to be disallowed. He has ceased to sign at his local office since 15 October 1985.
204.
asked the Minister for Social Welfare when a decision will be made on an appeal for payment of unemployment assistance to a person (details supplied) in County Galway.
Entitlement to unemployment assistance is subject to the condition that an applicant must be available for and genuinely seeking work. The application of the person concerned was disallowed from 16 April 1985 on the grounds that he was not available for work.
He appealed against the disallowance and an appeals officer on 19 September 1985 also decided that he was not available for work and he was notified accordingly on 25 September 1985. He ceased to sign as unemployed after 17 September 1985.
205.
asked the Minister for Social Welfare when a decision will be made on a claim for unemployment assistance by a person (details supplied) in County Galway.
The social welfare officer investigating the means of the person concerned has now completed his inquiries and arrangements are being made to have his case submitted to a deciding officer who will assess his means, as soon as possible. The entitlement of the person concerned to unemployment assistance will be determined in the light of the amount of means assessed against him and any arrears of unemployment assistance due to him will be paid as soon as possible.
206.
asked the Minister for Social Welfare when a decision will be made on an appeal for increased unemployment assistance payment to a person (details supplied) in County Galway.
The appeal of the person concerned against the means assessment of £13.80 weekly derived from the value of board and lodging on his brother's holding has now been dealt with by an appeals officer who has reduced his means assessment to £5 weekly, effective from 18 February 1985. Accordingly, the person concerned is entitled to unemployment assistance at £24.95 weekly being the appropriate rate in his case of £29.95 less means of £5 from 18 February 1985 to 2 July 1985, increased to £26.75 from 3 July 1985 being the appropriate rate of £31.75 less means of £5. All adjusting arrears due to him as a result of the reduction in the means assessment will be paid to him this week and weekly payments of £26.75 will continue to be made as they become due.
207.
asked the Minister for Social Welfare when a decision will be made on an appeal for increased payment of unemployment assistance to a person (details supplied) in County Galway.
The appeal of the person concerned against the assessment of £46.75 means was recently decided by an appeals officer who reduced the assessment of means against him to £36.35 weekly effective from 24 April 1985. He is, accordingly, entitled to unemployment assistance at £35.90 weekly being the appropriate rate in his case of £72.25 less means of £36.35 from 24 April 1985 to 2 July 1985, increased to £40.60 weekly being the appropriate rate of £76.95 less means of £36.35, from 3 July 1985. All adjusting arrears due to him will be paid this week and weekly payments of £40.60 will continue to be made as they become due.
208.
asked the Minister for Social Welfare when an oral hearing will be granted to a person (details supplied) in County Galway in connection with his application for unemployment assistance.
An appeals officer has decided to grant an oral hearing of his case to the person concerned. The hearing will be held at the first available opportunity, and the person concerned will be notified of the date and venue for the hearing. He is at present in receipt of unemployment assistance at £20.40 weekly, being the appropriate rate in his case of £100.05 less means of £79.65. Weekly payments are continuing to be made as they become due.
209.
asked the Minister for Social Welfare when pay-related benefit will be paid to a person (details supplied) in County Meath who has been in receipt of flat rate unemployment benefit at Trim employment exchange for the past seven weeks.
Pay-related benefit is calculated on the basis of reckonable weekly earnings during the relevant tax year and entitlement to this 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, since the beginning of the income tax year in which the claim is made.
The entitlement of the person concerned could not be determined until inquiries had been made to establish his earnings in the relevant tax year 6 April 1983 to 5 April 1984 and the 85 per cent limit applicable in his case.
These inquiries have recently been completed and on the basis of his earnings in the relevant tax year and the 85 per cent limit he is entitled to pay-related benefit at the rate of £21.66 weekly. Arrangements have been made to pay all arrears due this week. Further combined weekly payments at £106.66 being flat rate unemployment benefit, £85, and pay-related benefit £21.66, will be made as they become due.
210.
Mr. Cowen
asked the Minister for Social Welfare if a person (details supplied) in County Offaly receiving a disabled person's maintenance allowance can be allowed to have her sister accompanying her when using her free travel pass instead of her mother having that entitlement as at present.
Under the free travel scheme the only person who may travel free when accompanying the pass holder is a spouse. In the circumstances the sister of the person concerned may not travel free when accompanying her. Her mother may, however, accompany her as she is over 66 years of age and holds a free travel pass in her own right.
211.
asked the Minister for Social Welfare the reason an invalidity pension has not been granted to a person (details supplied) in County Tipperary; when this will be granted; and the amount which will be paid.
The person concerned is in receipt of disability benefit from 21 September 1981. Payment has been made to 16 November 1985. A claim form for invalidity pension has been forwarded to her. However, her husband is also in receipt of an old age contributory pension at the married rate of £84.20. Regulations provide that an increase in old age contributory pension is not payable in respect of a wife who is receiving invalidity pension.
Should the person concerned be awarded an invalidity pension payment would be made at the weekly rate of £39.90 per week, that is the rate appropriate to a married woman who is living with her husband. His old age contributory pension would therefore be reduced to the single rate of £51.40 per week. Their combined income from the Department of Social Welfare of £118.60 would be reduced by £27.30. However, all invalidity pensioners are entitled to a free travel pass.
The position has been explained to the person concerned and if she wishes to claim the pension she should complete the form and return it to the Department.
212.
asked the Minister for Social Welfare if unemployment benefit is payable to a person (details supplied) in County Mayo.
Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions paid or credited in the governing contribution year.
The person concerned claimed unemployment benefit on 25 November 1984 and as she was a part time worker inquiries had to be made to establish if her employment during the contribution period 6 April 1982 to 5 April 1983 was insurable at a class providing cover against unemployment. These inquiries were recently completed and it has been established that she has only 20 contributions paid during this period which provide cover for unemployment benefit. In addition, she has 17 other contributions paid on her behalf during this contribution period which do not provide cover against unemployment and accordingly her claim to unemployment benefit has been disallowed. Arrangements are being made to notify the claimant of this decision.
213.
asked the Minister for Social Welfare when an appeal in a case for unemployment assistance will be heard for a person (details supplied) in County Mayo.
The appeal of the person concerned against the means assessment of £14 weekly, derived from the profit from his holding, has now been dealt with by an appeals officer who has reduced the means assessment to £10 weekly with effect from 17 July 1985. The person concerned is accordingly entitled to unemployment assistance from 17 July at £42.90 weekly being the appropriate rate in his case of £52.90 less means of £10. All adjusting arrears due will be paid this week and weekly payments of £42.90 will continue to be made as they become due.