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Dáil Éireann debate -
Wednesday, 22 Jan 1986

Vol. 363 No. 1

Written Answers. - Social Welfare Benefits.

215.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kilkenny recently had his unemployment assistance reduced.

Following investigation by a social welfare officer the means of the person concerned were assessed at £8.15 weekly, derived from self employment as a plasterer. He appealed against the means assessment and an appeals officer also assessed his means at £8.15 weekly. He is, accordingly, entitled to unemployment assistance at the weekly rate of £50.20, being the appropriate rate in his case of £58.35 less means of £8.15. On 15 January 1986 the person concerned applied for a review of his means. The case has been referred to the social welfare officer for investigation and the rate of unemployment assistance payable will be reviewed in the light of the outcome of the investigation.

216.

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

Following investigation of the unemployment assistance claim of the person concerned, she was assessed with nil means, with effect from 10 October 1985. She is, accordingly, entitled to unemployment assistance at the maximum appropriate weekly rate of £32.75. However, due to an oversight she was paid at a lower rate with effect from 10 October 1985 and arrears on that basis were paid on 19 December 1985. The error has now been rectified and arrangements have been made with her local office for payment of adjusting arrears this week. Weekly payments of £32.75 will continue to be made as they become due.

217.

asked the Minister for Social Welfare the present position regarding payment of unemployment benefit to a person (details supplied) in County Kilkenny.

A person who has exhausted his 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 appropriate 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 31 December 1985 and according to the Department's records, has only 12 weeks of insurable employment since 10 January 1985, when 156 days benefit were drawn. He applied for unemployment assistance on 1 January 1986 and his claim was allowed at the appropriate maximum rate of £92.35 weekly from that date. Weekly payments will continue to be made as they become due.

218.

asked the Minister for Social Welfare if the application for unemployment assistance payments of a person (details supplied) in County Wexford will be reconsidered in view of his recent appeal and the fact that his means have now been reassessed.

Arising out of contentions made by the person concerned in support of his appeal against the disallowance of his unemployment assistance claim, his case has been referred to a social welfare officer for further investigation. When these inquiries are completed, his case will be submitted to an appeals officer for determination and his entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

219.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kilkenny is required to furnish details and a certificate of his uncle's earnings, as he is residing with the family since he returned from England recently.

Entitlement to unemployment assistance is dependent on an applicant being the holder of a qualification certificate and to obtain a qualification certificate an applicant must satisfy certain conditions, including an assessment of means. In accordance with the provisions of the legislation governing the unemployment assistance scheme, the value of any benefit or privilege derived by an applicant from any source must be taken into account in the assessment of means. It is, accordingly, necessary to establish the value to the applicant of any board and lodging which he enjoys and the details of the earnings in question are required for that purpose. The unemployment assistance claim of the person concerned is at present with the social welfare officer for the investigation of his means. His entitlement to unemployment assistance will be determined in the light of the social welfare officer's report.

220.

asked the Minister for Social Welfare when a deserted wife's allowance will be granted to a person (details supplied) in County Kerry.

The claim of the person concerned is being investigated by a local officer of the Department. It is expected that investigations will shortly be completed and a decision in her case will then be given.

221.

asked the Minister for Social Welfare if he will approve an application for unemployment benefit from a person (details supplied) in County Laois.

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions paid or credited at the appropriate rate in the governing contribution year. The person concerned claimed unemployment benefit from 18 March 1985. Her claim was disallowed on the grounds that she had insufficient contributions paid or credited during the contribution period 6 April 1983 to 5 April 1984 which governed her entitlement to unemployment benefit from 18 March 1985.

She continued to sign the unemployed register and inquiries are being made at present to establish if she satisfies the contribution condition during the contribution period 6 April 1984 to 5 April 1985 which governs her entitlement to unemployment benefit from 6 January 1986. When these inquiries are completed her entitlement to unemployment benefit will be determined.

222.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded a non-contributory old age pension and, if so, when and at what rate.

The old age pension case of the person concerned is at present under investigation. On completion of inquiries the case will be referred to a deciding officer for decision. The person concerned will be notified of the outcome without delay.

223.

asked the Minister for Social Welfare if he will approve an application for unemployment assistance from a person (details supplied) in County Laois.

The person concerned recently applied for unemployment assistance and his case was referred to a social welfare officer for investigation of his means. When the inquiries are completed his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.

224.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be considered for an invalidity pension.

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.

225.

asked the Minister for Social Welfare if a person (details supplied) in County Westmeath who wishes to transfer from a disability pension to an invalidity pension may do so; and if he will arrange that the necessary forms and documentation be sent directly to him.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. Arrangements are being made to have the person concerned examined by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

226.

asked the Minister for Social Welfare the present position regarding the application for a widow's pension on behalf of a person (details supplied) in County Westmeath.

Following a review of her financial circumstances, a non-contributory widow's pension has now been awarded to the person concerned at the weekly rate of £10.50 with effect from 22 March 1985, and at the increased rate of £13.15 with effect from 12 July 1985. These are the rates of pension payable to a widow under 66 years of age with no qualified children and whose weekly means exceed £34 but do not exceed £36. Her means, derived from a farm holding and the value of capital, were assessed at £35.29 a week.

A pension book with orders payable from 4 October 1985 was issued to the designated post office on 15 January 1986 for collection by her and she was notified accordingly. Arrears of pension for the period from 22 March 1985 to 3 October 1985 will be sent direct to her by payable order within a few days. The inconvenience caused by the delay in dealing with this case is regretted.

227.

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

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 in his case. He appealed against the disallowance and the appeals officer on 9 January 1986 assessed his means as nil, with effect from 17 August 1984.

The person concerned had claimed unemployment assistance as a married man with one child dependant on 17 August 1984 and ceased to sign on 25 June 1985. He reapplied for unemployment assistance as a single man on 10 September 1985. He is, accordingly, entitled to unemployment assistance at the weekly rate of £59.40 from 17 August 1984 to 25 June 1985 and at £31.75 weekly from 10 September 1985. All arrears due, less supplementary welfare allowance advanced to him, will be paid this week, and weekly payments of £31.75 will continue as they become due.

228.

asked the Minister for Social Welfare if unemployment assistance payments will be made to a person (details supplied) in County Wexford in view of the continuous claim he has made; who has no other independent means and is genuinely seeking work.

Following investigation of his unemployment assistance claim the means of the person concerned were assessed at £34 weekly, derived from the value of board and lodging on his brother's holding. His means exceeded the maximum rate of unemployment assistance payable to him and accordingly his claim was disallowed. He appealed against the disallowance and an appeals officer also assessed his means at £34 weekly. He was notified of the appeals officer's 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 office.

229.

asked the Minister for Social Welfare the reason a deserted wife's allowance has been refused in respect of a person (details supplied) in County Cork.

One of the contribution conditions for receipt of deserted wife's benefit requires that a minimum yearly average of 24 contributions be paid or credited, on either her own or her husband's insurance record from the date of entry into insurance to the end of the last complete contribution year prior to desertion. Alternatively, this condition may be satisfied if there is an average of at least 39 contributions in either the last three or five years before the desertion date. This condition is not satisfied in the case of the person concerned.

Her entitlement to deserted wife's allowance was also investigated. She was assessed with weekly means of £68.04, derived from earnings plus capital, which exceeds the statutory limit of £46 applicable to a woman with no qualified child residing with her. She was notified of the decision on 17 December 1985, and of her right to appeal if she was dissatisfied with the decision.

230.

asked the Minister for Social Welfare the reason disability benefit payments have not yet been made to a person (details supplied) in County Tipperary; when payments will be made; and the amount which will be paid.

The person concerned claimed disability benefit from 21 October 1985. One of the conditions for payment of that benefit is that at least 26 contributions must be paid at the appropriate rate since entry into insurable employment. A claimant must also have a minimum of 26 contributions paid or credited in the contribution year which governs her claim. The person concerned is not qualified for benefit as she has only 15 contributions paid at the appropriate rate since entry into insurable employment in November 1984.

231.

asked the Minister for Social Welfare the reason a maternity allowance was not paid to a person (details supplied) in County Tipperary; and when this will be paid.

The person concerned was awarded an unmarried mother's allowance from 11 April 1985 at the weekly rate of £51.25 while she was in receipt of maternity benefit under the general scheme from 5 February 1985 to 25 May 1985 at the weekly rate of £37.25. She was entitled only to half the full rate of maternity benefit for the period from the date of the award of the unmarried mother's allowance until 25 May 1985 when her entitlement to maternity benefit ceased as full maternity benefit and unmarried mother's allowance cannot be paid concurrently. A total of £121.90 was withheld from the arrears of unmarried mother's allowance as an offset against the full rate maternity benefit that had been paid.

232.

asked the Minister for Social Welfare the reason an invalidity pension has not yet been granted to a person (details supplied) in County Tipperary as he has been on long term disability benefit for over four years; when this will be granted; and the amount which will be paid.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. Arrangements are being made to have the person concerned examined by a medical referee on 4 February 1986. His entitlement to invalidity pension will be reviewed in the light of the report of this examination. The current weekly rate of invalidity pension appropriate to a married man and five qualified children is £125.30.

233.

asked the Minister for Social Welfare the reason unemployment assistance has not yet been granted on appeal to a person (details supplied) in County Tipperary; and when this will be granted.

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 appealed against the disallowance of his claim and it was decided to afford him a further opportunity to co-operate in the disclosure of his means, prior to referral of his case to an appeals officer. Despite being notified, he failed to make himself available for interview and the social welfare officer's report could not be completed.

The appeal papers of the person concerned have recently been referred to an appeals officer and a decision will be given in his case at the earliest available opportunity. The person concerned ceased to sign at his local office on 3 October 1985 and resumed work. He applied for unemployment benefit on 7 January 1985. He has been requested to furnish a P45 and further consideration will be given to his unemployment benefit claim on receipt of same.

234.

asked the Minister for Social Welfare when an unmarried mother's allowance will be sanctioned and payment commenced to a person (details supplied) in County Westmeath.

247.

asked the Minister for Social Welfare the present position regarding sanction and payment of an unmarried mother's allowance to a person (details supplied) in County Westmeath.

It is proposed to take Question Nos. 234 and 247 together.

The person concerned has been awarded an unmarried mother's allowance with effect from 5 September 1985, the Thursday following the birth of her child. An allowance book with orders payable from 23 January 1986 has been sent to the designated post office for collection by her and she has been notified accordingly. Arrears for the period from 5 September 1985 to 22 January 1986 will be sent direct to the claimant shortly by payable order.

235.

asked the Minister for Social Welfare the reason for the dismissal of the unemployment assistance appeal case on behalf of a person (details supplied) in County Westmeath; and the alternatives now available to him to obtain a review of his existing farming situation which is extremely precarious.

Following investigation of the unemployment assistance claim of the person concerned, he was assessed with means of £91.30 weekly, derived from the profit from his holding. He appealed against this decision and an appeals officer, on 6 December 1985, also assessed him with means of £91.30. He is, accordingly, in receipt of unemployment assistance at £4.30 weekly, being the appropriate rate in his case of £95.60 less means of £91.30. If he considers that his means have changed it is open to him to request a review. A form for this purpose can be obtained from his local office.

236.

asked the Minister for Social Welfare the present situation with regard to the disability benefit appeal case put forward by a person (details supplied) in County Westmeath and if he is aware that this person has a certifiable medical condition for which he is presently being hospitalised.

The person concerned was paid disability benefit to 28 October 1985 after which date payment was disallowed following an examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance of benefit and was examined by a different medical referee who also expressed the opinion that he was capable of work. His appeal has been referred to an appeals officer who proposes to hold an oral hearing of his claim as soon as possible.

The person concerned has not indicated that he is at present a patient in hospital and accordingly the decision to disallow benefit remains unaltered. If, however, he is now hospitalised, payment for the duration of his stay in hospital can be made on receipt of the appropriate medical certification.

237.

asked the Minister for Social Welfare if he will arrange to pay unemployment benefit to a person (details supplied) in County Cork.

The person concerned exhausted his entitlement to unemployment benefit on 30 September 1985 and following a short period of employment he again claimed unemployment benefit on 18 November 1985. He was asked to furnish a P45 on 18 November 1985 and on two subsequent occasions in order to ascertain whether he had sufficient contributions to requalify for unemployment benefit but to date he has failed to do so. His entitlement to unemployment benefit will be examined when the necessary documentation has been furnished.

The person concerned also made a claim for unemployment assistance on 18 November 1985 and following investigation his means were assessed at £7 weekly, derived mainly from the profit from his holding. He is, accordingly, entitled to unemployment assistance at the weekly rate of £85.35, being the appropriate rate payable in his case of £92.35 less means of £7. Arrangements have been made with his local employment office to pay all arrears due this week and weekly payments will continue to be made as they become due.

238.

asked the Minister for Social Welfare the reason unemployment assistance has been terminated in the case of a person (details supplied) in County Galway; if he is aware of this person's serious financial circumstances; if he will restore payment of this assistance, complete with all arrears immediately; the date on which this will be done; and if he will make a statement on the matter.

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 appealed against the disallowance of his unemployment assistance claim and arising from contentions made in support of his appeal the case has been returned to the social welfare officer to afford him another opportunity to disclose his means. When the inquiries are completed his case will be referred to an appeals officer for determination and his entitlement to unemployment assistance will be determined in the light of the outcome of his appeal. It is understood that the person concerned is at present in receipt of supplementary welfare allowance.

239.

asked the Minister for Social Welfare the reason for the delay in payment of a deserted wife's allowance to a person (details supplied) in County Limerick; when this money will be paid; and if he will make a statement on the matter.

A deserted wife's benefit payment book was issued to the person concerned on 14 October 1985. Following the completion of inquiries, arrears from 20 June 1985 have now been issued to her less supplementary welfare allowance and unemployment assistance paid to her in the adjustment period.

240.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare is not in receipt of unemployment benefit.

A person who has exhausted her entitlement to unemployment benefit cannot requalify for benefit until she 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 was in receipt of unemployment benefit up to 7 December 1985 when she exhausted her entitlement to 312 days benefit. According to the Department's records she had no insurable employment after the 156th day of her benefit claim and consequently her claim was disallowed. She continues to sign the unemployed register for credited contributions.

241.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare did not receive an unmarried mother's allowance.

One of the conditions for the receipt of a social assistance allowance by an unmarried mother is that the claimant and any other person must not be cohabiting as man and wife. The claim of the person concerned, which was received in June 1983, was refused as the deciding officer held that she did not satisfy this condition. She was notified of this decision and of her right to appeal if she was dissatisfied with it, but no appeal was received from her.

242.

asked the Minister for Social Welfare when a person (details supplied) in County Clare will be paid his unemployment assistance which he applied for on 16 October 1985.

The unemployment assistance claim of the person concerned was referred to a social welfare officer for investigation of his means. It has now come to light that the papers were lost in postal transit to the social welfare officer. Arrangements have been made to prepare duplicate papers which will be referred to the social welfare officer who will deal with the case urgently. 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 due will be paid at the earliest possible opportunity.

243.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare was not paid unemployment assistance in respect of the claims made prior to 11 November 1985.

Following investigation of his unemployment assistance claim of 5 July 1985 the means of the person concerned were assessed at £3.50 weekly, derived from the value of board and lodging on his father's holding. He is, accordingly, entitled to unemployment assistance at £28.25 weekly, being the appropriate rate in his case of £31.75 less means of £3.50. Due to an oversight, which is regretted, payment on the claim was made with effect from 6 November 1985. The error has now been rectified and arrangements have been made with his local office to pay arrears due from 5 July 1985 to 5 November 1985 this week. Further weekly payments will continue to be made as they become due.

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