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Dáil Éireann debate -
Tuesday, 26 Nov 1985

Vol. 362 No. 1

Written Answers. - Social Welfare Benefits.

132.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork who was signing on for a number of weeks had means of £32.80 assessed against him.

The person concerned was assessed with means of £32.80 weekly derived from the profit from his holding. His means exceeded the maximum rate of unemployment assistance payable to him and accordingly his claim was disallowed. He appealed against the disallowance but an appeals officer also assessed his means at £32.80 weekly, and the person concerned was notified of the decision. If he considers that his means have changed since the last investigation it is open to him to apply for a review of his means. A form for this purpose may be obtained at his local employment office.

133.

(Limerick West) asked the Minister for Social Welfare when payment of arrears of unemployment benefit will be made to a person (details supplied) in County Limerick.

The person concerned claimed unemployment benefit on 22 May 1985. His claim was allowed at the appropriate rate applicable in his case from that date. However, he applied for permission to sign retrospectively as unemployed from 4 September 1984 to 21 May 1985. Having considered the explanation furnished by him, permission was recently granted to him to sign as unemployed during that period. A voucher issued to him last week for encashment at his local post office, in respect of all arrears of unemployment benefit due for the period in question less an amount which was refunded to the health board in respect of supplementary welfare allowance he received for the same period. The person concerned is entitled to unemployment benefit at the weekly rate of £107.20 and further weekly payments will be made as they become due.

134.

asked the Minister for Social Welfare when a person (details supplied) in County Monaghan will receive a children's allowance.

According to the Department's records the claimant in this case is in receipt of allowance at the rate of £12.05 per month in respect of the child in question. Payment in respect of this child will continue to February 1986 when she will reach 18 years of age.

An application form to enable the person concerned to claim continuation of children's allowance in respect of a child who reached 16 years of age in May last was recently issued in response to representations from the Deputy. When the completed from is returned, her entitlement will be reviewed and she will be notified of the outcome as soon as possible.

135.

asked the Minister for Social Welfare when a decision will be given to a person (details supplied) in County Limerick on his application for an invalidity pension.

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 30 October 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 July 1986. He is not therefore qualified for the receipt of invalidity pension.

136.

asked the Minister for Social Welfare the up-to-date position in respect of the application of a person (details supplied) in County Limerick for retirement pension.

The person concerned submitted a claim for a retirement pension on 23 October 1985. One of the qualifying conditions for receipt of this pension 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, whichever is the later, to the end of the last complete contribution year before reaching pension age. The Department's records show that the person concerned had a total of 188 reckonable contributions in the relevant period which, in his case, is from 5 January 1953 to 5 April 1985. This is equal to a yearly average of only five and he does not, therefore, qualify for a retirement pension. Neither will he qualify for an old age contributory pension at age 66; a yearly average of at least 20 is required for this latter pension. Depending on his means, he may qualify for an old age non-contributory pension when he reaches age 66 on 24 October 1986. A claim form for a non-contributory pension can be obtained at any post office and should be submitted to the Department approximately four months before he reaches age 66.

137.

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

Following reinvestigation of his unemployment assistance claim, the means of the person concerned were assessed at £46.55 weekly, derived from the profit from his holding. He is, accordingly, entitled to unemployment assistance at £59.70 weekly being the appropriate rate in his case of £106.25 less means of £46.55. He appealed against the means assessment and arising from contentions made by him in support of his appeal the papers were returned to the social welfare officer for further inquiries. When the inquiries are completed the case will be referred to an appeals officer and the rate of unemployment assistance payable to him will be determined in the light of the decision of the appeals officer.

138.

asked the Minister for Social Welfare the reason an invalidity pension has not been granted to a person (details supplied) in County Tipperary; and when this will be granted.

Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned claimed disability benefit from 18 October 1980. He is not qualified for benefit as regulations provide that where a claimant has no contributions paid or credited for any two consecutive contribution years preceding his claim, he cannot qualify for payment of disability benefit, or the award of credited contributions in respect of periods of incapacity for work, until he has a further 26 weeks of insurable employment for which the appropriate contributions have been paid.

According to the records of the Department, the person concerned had less than 156 contributions paid. He also has no contributions paid or credited in the years 1972 and 1973 and has not had 26 weeks of insurable imployment since then. Accordingly, he cannot be considered for disability benefit, invalidity pension or for the award of credited contributions in respect of unemployment or incapacity for work.

He is presently in receipt of supplementary welfare allowance from the South Eastern Health Board at the weekly rate of £31.80.

139.

asked the Minister for Social Welfare the reason a person (details supplied) in County Tipperary is not yet receiving an invalidity pension as he has been disabled for a number of years.

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.

140.

asked the Minister for Social Welfare when an oral appeal will be carried out in the case of a person (details supplied) in County Mayo who is claiming unemployment assistance.

The appeal of the person concerned against the means of £29.15 assessed against him was submitted to an appeals officer for determination. The appeals officer considered that he had sufficient information to decide the case without an oral hearing and on 15 January 1985 also assessed the applicant with means of £29.15 weekly derived from the profit from his holding. He is, accordingly, entitled to unemployment assistance at £47.80 weekly being the appropriate rate in his case of £76.95, less means of £29.15. Under new arrangements introduced some months ago it is open to the person concerned to reapply for an oral hearing. In view of the length of time which has expired since the last review it will first be necessary to have his means reinvestigated. If he wishes to pursue this course of action a form for this purpose can be obtained at his local employment office. In the meantime, weekly payments will continue to be made as they become due.

141.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 7 whose rent was increased from 81p per week to £15 per week has been refused a rent allowance; and if he will review the case.

The rent allowance payable to the person concerned was disallowed in January 1985 as his means of £119 weekly did not entitle him to an allowance. He was notified accordingly on 9 January 1985. No further application has been received in this case but it would appear from the information available that his present means would not entitle him to an allowance.

142.

asked the Minister for Social Welfare if he will reconsider the disallowance of unemployment assistance for a person (details supplied) in County Wexford in view of a misunderstanding which arose in relation to his availability for work and arrange another oral medical referee hearing for that person.

Entitlement to unemployment assistance is subject to the condition that an applicant must be available for and genuinely seeking employment. The person concerned failed to attend for interview with the National Manpower Service and subsequently his claim for unemployment assistance was disallowed on and from 9 October 1985 on the grounds that he was not genuinely seeking employment. It is open to him to appeal against the disallowance of his claim and a form for this purpose may be obtained from his local office.

143.

asked the Minister for Social Welfare if the same social welfare arrangement which exists with the UK also exists for Belgium; if so, if a person (details supplied) in County Wexford is entitled to unemployment benefit or any other relevant benefit based on her Belgian credits and contributions; and where can she be best advised as regards which type of social welfare claim she should make.

The EC Regulations on Social Security for migrant workers is applicable to persons claiming benefit who work and travel between all member states. Accordingly the same provisions apply to an applicant for benefit between this country and Belgium as would apply between this country and the United Kingdom.

The person concerned applied for unemployment benefit and in accordance with the relevant EC Regulation her entitlement for benefit was transferred to this country with effect from 1 October 1985 and she is at present in receipt of weekly payment at £83.64. Subject to her satisfying the requirements of remaining unemployed and being available for but continue to be paid unemployment benefit until 31 December 1985 when she is due to exhaust her entitlement. If she remains unemployed and available for work after 31 December 1985 she would be entitled to claim unemployment assistance subject to her being the holder of a qualification certificate. She has already applied for a qualification certificate and her case is at present being investigated after which her entitlement to unemployment assistance from 1 January 1986 will be determined in the light of the outcome of the inquiries.

She has been furnished with an application from to enable her to claim deserted wives benefit or allowance which she should complete and return to this Department. If she requires any further information about her entitlements the manager at her local branch employment office will be pleased to discuss and advise her on the matter.

144.

asked the Minister for Social Welfare when a single woman's allowance will be paid to a person (details supplied) in County Cork.

The claim of the person concerned for single woman's allowance was disallowed on the grounds that her means exceeded the statutory limit. Her weekly means derived from earnings were assessed at £37.18. She appealed against the disallowance and her case has been referred to an appeals officer for decision at the earliest available opportunity.

145.

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

It has been decided by an appeals officer that the person concerned is not entitled to an old age pension on the grounds that his means were not fully disclosed. If he now wishes to co-operate with the social welfare officer he should notify the Department to that effect and his case will be re-investigated.

146.

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

A free television licence cannot be granted to the person concerned as, on the information available, she is in receipt of a United Kingdom invalidity pension which is not a qualifying payment for this benefit.

147.

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

There is no record in the Department of receipt of an application for a free telephone rental allowance from the person concerned. An application from was issued to her on 21 November 1985. On receipt of the completed application in the Department an early decision will be given in the case and she will be notified of the outcome.

148.

asked the Minister for Social Welfare if he will expedite an appeal for unemployment assistance on behalf of a person (details supplied) in County Cork.

The person concerned claimed unemployment assistance on 17 June 1985 and was assessed with means of £26.25, weekly derived from board and lodgings on her parents holding. She was accordingly, paid unemployment assistance from 17 June 1985 at £3.70 weekly, being the appropriate rate in her case of £29.95 less means of £26.25, increased from 3 July 1985 to £5.50, being the appropriate rate of £31.75 less means of £26.25. She ceased to sign as unemployed after 31 August 1985. The person concerned appealed against the amount of means assessed against her and her case will be considered by an appeals officer at the earliest available opportunity. The rate of unemployment assistance payable will be reviewed in the light of the decision of the appeals officer.

149.

asked the Minister for Social Welfare if he will expedite a claim for unemployment assistance on behalf of a person (details supplied) in County Cork.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to disclose details of his means, he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance and arising from his appeal, the papers were returned to the social welfare officer to afford the person concerned a further opportunity to co-operate in the investigation of his means. When the inquiries are completed, the case will be referred to an appeals officer and his entitlement to unemployment assistance will be determined in the light of the amount of means assessed against him.

150.

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

Entitlement to unemployment assistance is subject to the condition that an applicant must be available for and genuinely seeking work. The person concerned was paid unemployment assistance from 6 October 1981 to 3 September 1985. His claim was disallowed from 4 September 1985 on the grounds that he was not available for or genuinely seeking work. He appealed against the disallowance and arrangements are being made to have his case submitted to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

151.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Meath who is signing at Maynooth employment exchange.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish details of his means he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance and his case has been referred to a social welfare officer, to give him another opportunity to co-operate in the investigation of his means. If the person concerned co-operates his means will be assessed and his entitlement to unemployment assistance will be determined in the light of the amount of means assessed against him.

152.

asked the Minister for Social Welfare when additional children's allowance payments will be issued to a person (details supplied) in County Wexford in respect of their additional child as they have sent the birth certificate to the Department on three occasions already.

Despite a thorough search of the Department's records there is, unfortunately, no trace of the receipt in the Department of a claim for children's allowance for the child referred to. An application form has accordingly been issued for completion. When the form is returned to the Department with the necessary documentation the claim will be decided and any allowance due will be issued promptly.

153.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford had her unemployment assistance reduced; and if this decision will be reconsidered in view of the person's circumstances.

Following reinvestigation of the unemployment assistance claim of the person concerned she was assessed with means of £9.60 weekly, effective from 31 July 1985. She is, accordingly, in receipt of unemployment assistance at £24.20 being the appropriate rate in her case of £33.80 less means of £9.60. If she is dissatisfied with the amount of means assessed against her it is open to her to appeal and have her means determined by an appeals officer. A form for this purpose can be obtained at her local office.

154.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin is only being paid unemployment assistance at the rate of £11 per week; and if he will agree that this is inadequate under the circumstances given.

In accordance with the provisions of the legislation governing the unemployment assistance scheme, the value of the benefit derived by an applicant from board and lodgings in the home of a parent must be taken into account in the assessment of means. The person concerned was assessed with means of £23.65 weekly, derived from the value of board and lodgings in his parents home. He is, accordingly, entitled to unemployment assistance at £11.30 weekly being the appropriate rate in his case of £34.95 less means of £23.65. Weekly payments at this rate will continue to be made as they become due. He recently appealed against the means assessment and arrangements are being made to refer his case to an appeals officer for determination. The rate of unemployment assistance payable to the person concerned will be reviewed in the light of the decision of the appeals officer.

155.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 5 who applied for dentures about two years ago has to date received no satisfaction.

The person concerned claimed dental benefit on 13 April 1983 and 24 August 1983. She attended different dentists on these dates. She is qualified for dental benefit. The treatment was approved and the dentist and the person concerned were informed on each occasion. She did not, however, return to have the treatment completed. She has now been advised again to contact her dentist with a view to having the treatment completed.

156.

asked the Minister for Social Welfare if his Department has made a decision in the case of a person (details supplied) in Dublin 5 who was in receipt of disability benefit and who furnished additional medical evidence in July 1985 as an appeal against the decision by his Department to terminate payments of disability benefit to her.

It was decided by an appeals officer that the person concerned was not incapable of work from 21 November 1984 to 25 February 1985. The appeals officer's decision is final and may only be altered in the light of new evidence which was not before him at the time of making his decision. The additional medical evidence which the Deputy submitted on the claimant's behalf was referred to the appeals officer for consideration. Having considered this evidence the appeals officer decided that a revision of his previous decision was not warranted in this case.

157.

asked the Minister for Social Welfare if his Department has decided to renew payments of disability benefit to a person (details supplied) in Dublin 5 as her local doctor is adamant that she is still incapable of work; and if he will make a statement on the matter.

Where a person has less than 156 contributions paid since entry into insurable employment, entitlement to disability benefit is limited to 52 weeks. According to the records of the Department the person concerned has only 90 contributions paid on her behalf since entry into insurance. She claimed disability benefit from 29 April 1983 to 6 July 1983 and from 2 August 1983 to date. Her 52 week entitlement to payment of benefit became exhausted on 29 May 1984. In order to requalify for disability benefit it will be necessary for her to have at least a further 13 weeks of insurable employment for which the appropriate contributions are paid.

158.

asked the Minister for Social Welfare the reason an increase in social welfare has not been granted to a person (details supplied) in County Galway; if he will direct his Department to restore the assistance to its proper figure immediately; the reasons for the long delay in having his appeal dealt with; the date on which a decision will be made; the increase to be granted; the total arrears that will be paid; and if he will make a statement on the matter.

The person concerned was assessed with effect from 11 July 1984 with means of £76.90 weekly, derived from the profit from his holding. He appealed against the amount of means assessed against him and the case was referred to an appeals officer for determination. The appeals officer, however, required further information and it was necessary therefore to return the case to the social welfare officer. The inquiries, which were extensive, were completed in October 1985. The appeals officer, on 1 November 1985, also assessed the means of the person concerned at £76.90 weekly and he has been notified accordingly. He is entitled to unemployment assistance at the weekly rate of £35.55, being the appropriate rate in his case of £112.45 less means of £76.90. Weekly payments will continue to be made as they become due.

159.

asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Offaly, who is signing on at Edenderry employment exchange since last March.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish details of his means he failed to show that his means did not exceed the statutory limit. He appealed against this decision and an appeals officer on 1 October 1985 also disallowed his claim. In the absence of fresh evidence or new facts the decision of an appeals officer is final.

160.

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

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. A local officer of the Department has been requested to establish the composition of the applicants household. On receipt of his reply, a decision will be given in the case and the applicant will be notified of the outcome.

161.

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

During a routine investigation of the old age pension entitlements of the person concerned, it was found that his means had increased since the date of the previous assessment. His means comprising half the weekly value of a holding and capital now exceed the statutory limit for entitlement to pension. Accordingly, the social welfare officer recommended that the person's pension be withdrawn. His old age pension book has been recalled and when this is received the matter will be referred to a deciding officer for decision. If he is dissatisfied with the deciding officer's decision he may appeal against it within 21 days.

162.

asked the Minister for Social Welfare the reason for the delay in approving a free telephone rental allowance for a person (details supplied) in County Waterford.

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 in receipt of a qualifying payment and is residing with his wife, who is not, from the medical evidence furnished permanently incapacitated as required by the scheme. His application, which was received on 24 October 1984 was therefore rejected and he was notified accordingly on 28 January 1985. A fresh application form was issued to him in August 1985 in response to representations from the Deputy. If the applicant's circumstances have changed he should complete this form and return it to the Department.

163.

asked the Minister for Social Welfare the circumstances in which an application for unemployment benefit was refused to a person (details supplied) in County Laois; and the additional effort which should have been made by her to convince his Department that she had unsuccessfully tried to find alternative employment.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit on 3 September 1985 but following the completion of inquiries her claim was disallowed on the grounds that as she was not genuinely seeking work, she was not available for work. She appealed against the disallowance and attended an oral hearing on 6 November 1985 but the appeals officer also decided that she was not available for employment. She was notified of this decision on 20 November 1985.

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