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Dáil Éireann debate -
Wednesday, 22 Jan 1986

Vol. 363 No. 1

Written Answers. - Social Welfare Benefits.

254.

asked the Minister for Social Welfare the reason a person (details supplied) in County Monaghan was refused unemployment benefit.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for work. The claim of the person concerned was disallowed on and from 19 November 1985 on the grounds that she was not available for employment. She appealed against the disallowance and attended an oral hearing of her case on 13 January 1986. The appeals officer allowed her appeal. Arrangements have been made to issue, this week, an order for encashment at her local post office in respect of all arrears due. Further weekly payments at the appropriate weekly rate of £33.65 will continue to be made as they become due.

255.

asked the Minister for Social Welfare when a person (details supplied) in County Monaghan will receive an old age pension.

The old age pension entitlement of the person concerned has been partially investigated. The social welfare officer has requested details regarding the transfer of a holding. When this information comes to hand the case will be referred to a deciding officer for decision. The person concerned will be notified of the outcome without delay.

256.

asked the Minister for Social Welfare when a person (details supplied) in County Cavan will receive a contributory old age pension.

There are no contributions recorded in respect of the person concerned under the insurance number supplied by her on her claim form and efforts to trace any other insurance number in respect of her have not been successful.

The circumstances were explained to her brother when he called recently to the Department and an inquiry on the subject has been sent to the employer named on the claim form. The local social welfare officer has also been asked to investigate her insurance position as quickly as possible and her claim will be considered further when his report is received.

257.

asked the Minister for Social Welfare the reason for the reduction in the rate of widow's pension of a person (details supplied) in County Westmeath; if he is aware that her son is still attending a third level institution; if she is entitled to free fuel and electricity; and if he will undertake to have her case reviewed.

The person concerned had been in receipt of widow's non-contributory pension at the weekly rate of £54.40 in respect of herself and one qualified child. Her son attained 21 years on 18 November 1985 and he can no longer be regarded as a qualified child from that date. Accordingly, her rate of widow's pension was reduced to £39.15 a week. This is the appropriate rate of pension payable to a widow under 66 years of age with no qualified children and whose weekly means exceed £8 but do not exceed £10. Her means, derived from a farm holding, were assessed at £8.07 a week.

Her case has been sent to a social welfare officer for re-investigation. When a report on her present circumstances is received, her case will be reviewed and she will be notified of the outcome. She may qualify for a fuel allowance under the national fuel scheme, administered in her area by the Midland Health Board, provided she is living alone or only with certain excepted persons and satisfies the health board that she is unable to provide for her heating needs. She does not qualify for the free electricity allowance as she has not yet attained age 66.

258.

asked the Minister for Social Welfare the reason the appeal for payment of unemployment benefit was refused on behalf of a person (details supplied) in County Westmeath.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking full time employment. When the person concerned claimed unemployment benefit on 4 October 1985 she stated that she was on extended leave from work and that she was not seeking work. Consequently her claim was disallowed. She appealed against the disallowance and she attended an oral hearing of her case on 2 January 1986 but the appeals officer also decided that she was not available for employment. She ceased to sign the unemployed register from 17 October 1985.

259.

asked the Minister for Social Welfare when social welfare benefit will be paid to a person (details supplied) in County Wexford.

The person concerned claimed disability benefit from 21 May 1985 to 25 November 1985 when he was certified as being fit to resume work. He was not entitled to payment as there was no record of contributions, paid or credited, on his behalf, recorded during the tax year 1983-84, which governed his claim.

His British record was obtained and it has been established that his claim is proper to the Department of Health and Social Security. All papers referring to his claim have been forwarded to their overseas branch at Newcastle-upon-Tyne.

260.

asked the Minister for Social Welfare when arrears of deserted wife's benefit due to a person (details supplied) in County Wexford will be paid.

The arrears in question, less supplementary welfare allowance advanced by the health board in the arrears period, will be issued to the person concerned in the next few days. The inconvenience caused by the delay in dealing with this matter is regretted.

261.

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

The person concerned claimed children's allowance in respect of her two children in August 1985. She furnished evidence of age in respect of one child and payment of allowance in respect of this child was made with effect from September. At the time, she indicated that she would forward evidence of age in respect of her second child. To date, there is no record of the receipt of this evidence but as soon as it is received, the appropriate additional payment will be made.

262.

asked the Minister for Social Welfare the reason the unemployment assistance of a person (details supplied) in Dublin 12 was discontinued; and if arrangements can now be made as a matter of urgency to reinstate the assistance for her as she is in urgent financial need.

The person concerned was paid unemployment assistance from 24 September 1985 to 24 December 1985. She failed to sign the unemployed register, as requested, on 31 December 1985 and next attended for signing on 8 January 1986. Payment was made from 8 January 1986 and weekly payments are continuing as they become due. If she wishes to sign the unemployed register retrospectively for the period 25 December 1985 to 7 January 1986 it will be necessary for her to make formal application to that effect. The position will be explained to her when she next attends the local office.

263.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin I who won her appeal for unemployment benefit did not receive arrears for the period 13 September to 17 December 1985 although she supplied the required signatures from employers to verify that she was available for and seeking employment during that time; and if he will review the position.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking full time employment. The person concerned claimed unemployment benefit on 20 September 1985 and her claim was disallowed on the grounds that she was not available for employment. She appealed against this decision and attended an oral hearing of the case on 15 November 1985. The appeals officer also decided that she was not available for employment. The person concerned signed off the unemployed register on 20 November 1985. She made a repeat application for unemployment benefit on 17 December 1985 and this claim was allowed at the appropriate weekly rate of £34.70 flat rate unemployment benefit. Weekly payments of this amount have been made to date and will continue as they become due.

264.

asked the Minister for Social Welfare if immediate arrangements will be made to assess the means of a person (details supplied) in County Galway as he is at present signing the unemployment assistance register.

The person concerned reapplied for unemployment assistance on 22 November 1985 and was paid on the basis of an existing qualification certificate, showing means of £4.80. He is, accordingly, entitled to unemployment assistance at £26.95 weekly, being the appropriate maximum rate payable in his case of £31.75 less means of £4.80. The papers in this case have been referred to a social welfare officer for re-investigation of means. The rate of unemployment assistance payable to the person concerned will be reviewed in the light of the outcome of the investigation.

265.

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

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 average net weekly earnings of a claimant in the current tax year.

The person concerned claimed unemployment benefit on 22 April 1985 and on the basis of his income from 6 April 1985 to the date of his claim the 85 per cent limit was calculated at £35.19 weekly. Accordingly, he is entitled to payment of £34.50 flat rate unemployment benefit and £0.69 pay-related benefit from 22 April 1985. From 4 July 1985 his unemployment benefit was increased to £36.55 weekly and as the rate of flat rate unemployment benefit exceeded the 85 per cent limit no pay-related benefit was payable from that date. Weekly payments at the rate of £36.55 will continue to be made as they become due.

266.

asked the Minister for Social Welfare if he will expedite an early decision on the appeal of a person (details supplied) in County Laois to have disability benefit restored to her.

The person concerned was paid disability benefit to 22 June 1985 after which date payment was disallowed following an examination by a medical referee who expressed the opinion that she was capable of work. She appealed against the disallowance of benefit and was examined by a different medical referee who also expressed the opinion that she was capable of work. Her appeal has been referred to an appeals officer who proposes to hold an oral hearing of her claim as soon as possible.

267.

asked the Minister for Social Welfare the reason for the reduction in the unemployment assistance of a person (details supplied) in County Tipperary; and if he will have this claim reviewed and payment restored to its original rate.

Following reinvestigation of the unemployment assistance claim of the person concerned, his means with effect from 16 October 1985 were assessed at £60.50 weekly, derived from the profit from his holding. He is, accordingly, entitled to unemployment assistance at £39.55 weekly, being the appropriate maximum rate payable in his case of £100.05 less means of £60.50. If he is dissatisfied with this decision, it is open to him to appeal and have his means determined by an appeals officer. A form for this purpose may be obtained at his local office.

268.

asked the Minister for Social Welfare the reason for the delay in paying a deserted wife's allowance to a person (details supplied) in County Cork.

The claim of the person concerned to a deserted wife's payment is at present under investigation. The claimant has been visited by a local officer of the Department but it is also necessary to have her husband interviewed in order to ascertain his version of the circumstances which led to the marriage breakdown. It is expected that an officer will call on the husband in this regard within the next few days. When these inquiries are completed and the officers' reports received, a decision will be given and the claimant will be notified of the outcome without delay. Meanwhile she is in receipt of a small payment of supplementary welfare allowance from the Southern Health Board.

269.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is not receiving the maximum rate of unemployment assistance.

The person concerned exhausted his entitlement to unemployment benefit on 13 October 1985 and claimed unemployment assistance on 14 October 1985. Following investigation of his unemployment assistance claim he was assessed with means of £6.70 weekly derived from the profit from his holding. He is, accordingly, entitled to unemployment assistance of £85.65 weekly, being the appropriate maximum rate in his case of £92.35 less means of £6.70. He has not, to date, appealed against the means assessment and it is open to him to do so. A form for this purpose may be obtained from his local employment office.

270.

asked the Minister for Social Welfare the reason payment of disability benefit has been discontinued to a person (details supplied) in County Tipperary as she suffers from osterporosis; and when disability benefit will be restored.

The person concerned claimed disability benefit from 27 November 1982 and payment was issued to 27 April 1985. Payment was disallowed from 29 April 1985 following 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 another medical referee on 29 October 1985 who also considered her to be capable of work. However, her case was reviewed on receipt of additional medical evidence and payment was restored on 2 January 1986. Arrears cheques were issued to her on 2 January 1986 and on 7 January 1986 and all benefit payable has been issued to 25 January 1986. Further payments will be issued to her at weekly intervals on receipt of monthly medical certificates.

271.

asked the Minister for Social Welfare the reason a person (details supplied) in County Offaly is receiving only £29.65 single woman's allowance and not the full amount.

The person concerned is at present in receipt of a single woman's allowance at the weekly rate of £29.65, which is the rate payable to a person with weekly means greater than £7 but less than £9. She has been assessed with weekly means of £8.65 derived from benefit of board and lodgings on her sister's holding. She appealed against the decision on 19 December 1985 and her case was referred to an appeals officer for decision, at the earliest available opportunity.

272.

asked the Minister for Social Welfare the means which were assessed against a person (details supplied) in County Cork in relation to her widow's pension.

Following a review of her financial circumstances the widow's non-contributory pension of the person concerned was reduced to £39.15 a week with effect from 16 August 1985, increased to £43.40 a week (including £3.40 living alone allowance) with effect from 18 October 1985 when she attained 66 years. These are the rates of pension payable to a widow with no qualified children and whose weekly means exceed £8 but do not exceed £10. Her means, derived from the capital value of a house, were assessed at £8.50 a week.

She appealed against this decision but the appeal was disallowed by an appeals officer on 22 November 1985 and she was notified accordingly. The decision of an appeals officer is final and conclusive and is only subject to review in the light of new facts or fresh evidence.

273.

asked the Minister for Social Welfare when unemployment assistance will be restored on appeal to a person (details supplied) in County Kerry; and if he will make a statement on the matter, setting out the present position on his appeal.

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 details requested from him regarding his parents holding, on which he resides. He appealed against the disallowance but an appeals officer also decided that he failed to furnish particulars of his means and disallowed his appeal. Notification of the disallowance has issued to the person concerned.

274.

asked the Minister for Social Welfare the regulations which prescribe that in the case of an application for a prescribed relative's allowance that the prescribed relative who farms a small holding is not deemed to be in a position to provide full time care and attention as in the case of a person (details supplied) in County Kerry; and if he will make a statement explaining recent decisions on these lines.

The conditions for receipt of prescribed relative's allowance require that the pensioner must be so incapacitated as to require full time care and attention and that a prescribed relative must be residing with the pensioner for the purposes of providing that full time care and attention. The legislation does not define what constitutes full time care and attention and each case is, therefore, decided on its merits having regard to the particular circumstances. In this case it was considered that the prescribed relative was engaged to such an extent in running a holding that he could not reasonably be considered to be in a position to provide full time care and attention. Consequently, it was decided that the allowance could not continue in payment.

An appeal against this decision was referred to an appeals officer who has requested further inquiries before giving his decision. When these inquiries are completed the matter will be resubmitted to the appeals officer and the person concerned will be notified of the outcome without delay.

275.

asked the Minister for Social Welfare if he will give details of the means amounting to £50 weekly which were assessed against a person (details supplied) in County Kerry in connection with his application for unemployment assistance of which he was in receipt up to 13 November 1984.

The person concerned was in receipt of unemployment assistance up to 13 November 1984 when he ceased signing due to illness. His means were subsequently investigated on a factual basis and he was assessed from 20 March 1985 with means of £50 weekly but to date has not reapplied for unemployment assistance, although it is open to him to do so if he considers that he fulfills the conditions for receipt of same.

In assessing the means of the person concerned the deciding officer took into consideration the gross yearly income of the farm at £17,312 less expenses amounting to £14,699 incurred in earning that income leaving a net profit, taken as £2,600 per annum or £50 weekly.

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