asked the Minister for Social Welfare if arrangements will be made to issue a children's allowance book in respect of five children to a person (details supplied) in County Dublin; and if this can now be done, having regard to her poor financial circumstances and as she is in urgent need for her children of the appropriate allowance for the five children which she has.
Written Answers. - Social Welfare Benefits.
137.
The person concerned is at present in receipt of children's allowance at the monthly rate of £36.15 in respect of three of her five qualified children. The balance of her entitlement is being withheld with her consent to offset an overpayment of social assistance allowance which was made to her in the period February 1974 to August 1977.
In view of the Deputy's representations it has been decided to increase the monthly allowance paid to the rate appropriate for four qualified children. The balance of £12.05 will be withheld to complete recovery of the overpayment. The appropriate allowance book has been issued.
138.
asked the Minister for Social Welfare the reason for the delay in paying unemployment benefit to a person (details supplied) in County Cork.
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 contribution period governing entitlement to benefit.
The person concerned claimed unemployment benefit on 25 November 1985. According to the Department's records, he does not satisfy the condition of having 26 paid or credited contributions during the period 6 April 1983 to 5 April 1984, which governs entitlement to benefit on this claim. Inquiries are, however, being made to establish whether his employment during the relevant period was insurable at a class providing cover against unemployment. These inquiries will be completed as soon as possible and entitlement to unemployment benefit will then be determined.
In the meantime, the person concerned is in receipt of unemployment assistance at £86.55 weekly being the appropriate maximum rate payable in his case of £86.75 less means assessed against him of £0.20.
139.
asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford is to have disability benefit discontinued in view of the fact that he maintains he has in excess of three years PRSI contributions and that he is due to return to hospital shortly.
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 85 contributions paid on his behalf since entry into insurance. He claimed disability benefit from 4 February 1985 and was paid to 5 February 1986 after which date his 52 week entitlement became exhausted. In order to requalify for disability benefit it would be necessary for him to have at least a further 13 weeks of insurable employment for which the appropriate contributions are paid. The person concerned was requested on 29 January 1986 to furnish details of his insurance record to the Department and on the basis of the information now supplied by the Deputy investigations into his record have been initiated. His entitlement to further benefit will be reviewed on the completion of these investigations.
In the meantime if his means are insufficient to meet his needs he should contact his local community welfare officer with a view to claiming supplementary welfare allowance.
140.
asked the Minister for Social Welfare the current weekly social welfare payments due to a person (details supplied) in County Lough; the rate of benefit payable to him up to 3 January 1986; the deductions which are being made from his benefit each week; the reasons for these deductions; the payment, if any, outstanding to him; the reason he was paid for five children instead of four up to 3 January 1986; the reason he should have to make a rebate of £1,160.82 to the Department when any error which occurred was not his; and if he is aware of the consistent problems which have occurred regarding payments to him.
Due to an administrative error the person concerned was overpaid disability benefit of £1,160.82 in respect of the periods from 28 June 1982 to 18 May 1985 and from 14 October 1985 to 26 October 1985 as he was paid at the maximum weekly rate for a married man with five children when he had only four children at the time.
Disability benefit arrears of £388.13 for the periods from 20 May 1985 to 12 October 1985 and from 28 October 1985 to 2 November 1985 were withheld and offset against the overpayment leaving a balance of £772.69 which is being recovered by means of weekly deductions of £3 per week with effect from 25 November 1985.
The person concerned was also paid a total of £380 supplementary welfare allowance in 1985 which is reimbursable to the health board and further weekly deductions of £7.06 are being made from his disability benefit claim for this purpose.
He was entitled to disability benefit at the weekly rate of £102.40 the maximum rate appropriate to a married man with four dependent children (less £10.06 deductions) up to 3 January 1986 when he claimed for an additional child.
He is presently entitled to disability benefit at the weekly rate of £111.10, the maximum amount payable to a married man with five dependent children (less £10.06 deductions) and cheques for £101.04 are issued at weekly intervals on receipt of monthly medical certificates while he continues to remain unfit for work.
141.
asked the Minister for Social Welfare when an invalidity pension will be paid to a person (details supplied) in County Mayo.
The person concerned has been awarded an invalidity pension from 6 February 1986, the Thursday following completion of claim form. A pension book payable from 6 March 1986 will be issued to the designated post office of payment and arrears in respect of the period from 6 February 1986 to 5 March 1986, less the amount of disability benefit paid during that period, will be paid by payable order.
142.
asked the Minister for Social Welfare if a person (details supplied) in County Laois is in receipt of the correct rate of unemployment assistance.
The person concerned reapplied for unemployment assistance on 2 December 1985 and his claim was authorised on the basis of an existing qualification certificate, with recorded means of £38.45 weekly. He is, accordingly, in receipt of unemployment assistance at £24.50 weekly, being the appropriate maximum rate payable in his case of £62.95 less means of £38.45.
Arrangements have been made with the local office to have the papers in this case referred to a social welfare officer for reinvestigation of means. When these inquiries are completed the rate of unemployment assistance payable to the person concerned will be reviewed in the light of the means assessed against him. Weekly payments will continue to be made as they become due.
143.
asked the Minister for Social Welfare the reason for the delay in processing an application for unemployment assistance from a person (details supplied) in Dublin 1 who has been disallowed disability benefit over two months ago; and when the assistance will be paid.
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 claimed unemployment benefit on 9 January 1984 and was subsequently in continuous receipt of either unemployment benefit, maternity benefit of disability benefit. When she made a repeat claim for unemployment benefit on 14 November 1985 she had already exhausted 259 days entitlement to unemployment benefit as her previous claim for unemployment benefit on 9 January 1984 was linked through her disability benefit and maternity benefit claims. She claimed unemployment benefit for the period to 15 January 1986 when she exhausted her entitlement to 312 days benefit. Payment of arrears of unemployment benefit for the period 14 November 1985 to 15 January 1986 was withheld pending the completion of inquiries regarding concurrent drawing of unemployment benefit and disability benefit. On completion of these inquiries all arrears of unemployment benefit due, amounting to £289.30 were paid on 16 January 1986.
144.
asked the Minister for Social Welfare when a decision will be made on the application for unemployment assistance made by a person (details supplied) in Dublin 7.
Following investigation of his unemployment assistance claim the means of the person concerned were assessed at nil, with effect from 8 January 1986. He is, accordingly, entitled to unemployment assistance at the maximum weekly rate payable in his case of £32.75 and weekly payments commenced on 12 February 1986. The person concerned was in receipt of supplementary welfare allowance pending the outcome of his claim. When the amount to be recouped to his health board from the arrears of unemployment assistance is known, the residue, if any, will then be paid to the person concerned. Further weekly payments of £32.75 will continue to be made as they become due.
145.
asked the Minister for Social Welfare when the appeal for disability benefit of a person (details supplied) in Dublin 7 will be heard.
The person concerned was paid disability benefit to 15 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 on 4 December 1985 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 on 24 February 1986.
146.
asked the Minister for Social Welfare the reason payment of disability has been discontinued in the case of a person (details supplied) in County Galway despite the fact that he was born with an obvious disability and was seriously injured some time ago; the reason that weekly medical certs are necessary when monthly certs should be more than sufficient; if she will now direct her Department to make immediate weekly payments including arrears to this person; the date on which this will be done; and if she will make a statement on the matter.
The person concerned was paid disability benefit to 28 November 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 and arrangements have been made to have him examined by a different medical referee on 24 February 1986. His entitlement to benefit will then be reviewed in the light of the medical referee's report.
It is important that the person concerned should continue to submit weekly medical certificates pending the outcome of his appeal so that the appeals officer will have the appropriate medical evidence on which to base his judgment of the case. Monthly certificates are allowable only in certain cases related to the nature of the incapacity and the duration of the claim. They are not appropriate in the case of a person in respect of whom entitlement to benefit has been disallowed.
147.
asked the Minister for Social Welfare the reason the maximum and correct rate of unemployment assistance has not been paid to a person (details supplied) in County Galway; the up to date position pertaining to this application; if she will direct her Department to make an immediate payment including all arrears; the date on which this will be done; and if she will make a statement on the matter.
The person concerned is at present in receipt of unemployment assistance at the appropriate maximum weekly rate payable in his case, of £86.75. Arrears amounting to £469.92 were recouped to his local health board in respect of supplementary welfare allowance advanced to him pending a decision on his unemployment assistance claim. The balance of the arrears due was paid to him on 17 December 1985. Further weekly payments of £86.75 will continue to be made as they become due.
148.
asked the Minister for Social Welfare the reasons unemployment benefit has not been paid to a person (details supplied) in County Galway despite the fact that he has been paying class A rate stamps for a long period of time; the employment record and contribution class of this person; if she will make immediate weekly payments to this person; the date on which this will be done; the amount that will be paid weekly including all arrears; and if she will make a statement on the matter.
An applicant for unemployment benefit who is a landholder but does not satisfy the contribution condition of having 78 paid contributions at a class that provides cover against unemployment in a three year period, is not entitled to unemployment benefit if the income from his holding exceeds £2 daily. The person concerned is a landowner who, on his claim for unemployment benefit of 15 December 1984, did not satisfy the contribution condition of having 78 paid contributions at a class that provides cover against unemployment, in a three year period. According to the Department's records the claimant had only 49 appropriate contributions paid during this period. The profit from his holding was also deemed to exceed £2 daily and, accordingly, his claim for unemployment benefit should have been disallowed at that stage.
However, due to an oversight at the local office it was not realised that the claimant was a landowner until May 1985 and payment of unemployment benefit was made up to that date. When it was discovered that he was a landowner payment was suspended and inquiries were made to establish if he satisfied the special conditions applicable to a landowner. When these investigations were completed his claim for unemployment benefit was disallowed. He was notified of the decision and a form to enable him to appeal against this decision was issued to him on request. The appeal form has not been returned to date. The person concerned was also advised of his right to apply for a qualification certificate for unemployment assistance purposes but has not done so.
149.
asked the Minister for Social Welfare the reason unemployment assistance is not being paid to a person (details supplied) in County Galway despite the fact that he has no property or income of any type; if she will make payments including arrears; the amounts of each; the date on which this will be done; and if she will make a statement on the matter.
Following investigation of his unemployment assistance claim the means of the person concerned were assessed at £31.90 weekly derived from the value of board and lodging on his brother's holding. The means assessed exceeded the maximum rate of unemployment assistance payable in his case and, accordingly, his claim was disallowed. He appealed against the disallowance and following further investigation an appeals officer assessed his means at £26.60 weekly. Verification is required from the person concerned regarding the period of unemployment in his case and the appropriate documentation has issued to him for this purpose. When it is returned to his local office his claim will be authorised for payment at £5.15 weekly, being the appropriate maximum rate payable in his case of £31.75 less means of £26.60. Any arrears due will be paid to him.
150.
asked the Minister for Social Welfare if she will arrange to pay unemployment benefit to a person (details supplied) in County Cork.
A claimant for unemployment benefit who is a landholder but does not satisfy the contribution condition of having 78 contributions paid in a three year period is not entitled to unemployment benefit if the income from his holding exceeds £2 daily. The person concerned is a landholder who does not satisfy the contribution condition of having 78 paid contributions in a three year period. Accordingly, inquiries are being made to establish whether the profit from his holding exceeds £2 daily. His entitlement to unemployment benefit will be decided in the light of the outcome of these inquiries. The person concerned has not applied for unemployment assistance but it is open to him to do so.
151.
asked the Minister for Social Welfare if she will arrange to pay the maximum rate of unemployment assistance to a person (details supplied) in County Cork.
Following a review, the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the profit from his holding, exceeded the maximum rate of unemployment assistance payable to him. He appealed against the disallowance 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 these inquiries, which will be completed as soon as possible, are completed, his case will be referred to an appeals officer for determination of his means at the earliest available opportunity. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the appeals officer's decision.
152.
asked the Minister for Social Welfare if she will arrange to pay unemployment assistance to a person (details supplied) in County Cork.
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 particulars of a holding owned by him. He appealed on 10 February 1986 against the disallowance and arrangements are being made to refer his case to an appeals officer for determination of means. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer. A new benefit year commenced on 6 January 1986 and the person concerned then qualified for unemployment benefit on the basis of his contributions in the contribution period 6 April 1984 to 5 April 1985. He was in receipt of unemployment benefit at the appropriate rate of £38.05 weekly when he ceased to sign as unemployed on 14 January 1986.
153.
asked the Minister for Social Welfare if she will arrange to pay unemployment benefit to a person (details supplied) in County Cork.
A claimant for unemployment benefit who is a landholder but does not satisfy the contribution condition of having 78 paid contributions in a three year period is not entitled to unemployment benefit if the income from his holding exceeds £2 daily. According to the Department's records, the person concerned, who is a landholder does not satisfy that contribution condition and inquiries are being made to establish whether the profit from his holding exceeds £2 daily. His entitlement to unemployment benefit will be determined when the social welfare officer's inquiries are completed.
The person concerned claimed unemployment assistance and his claim was put into payment on the basis of an existing qualification certificate with recorded means of £19.20. He is, accordingly, in receipt of unemployment assistance at £14.60 weekly, being the appropriate maximum rate payable in his case of £33.80 less means of £19.20. All arrears of unemployment assistance due have been paid to him and further weekly payments will continue to be made as they become due. His means will be re-assessed when the social welfare officer completes his inquiries.
154.
asked the Minister for Social Welfare the reason for the delay in the payment of unemployment assistance to a person (details supplied) in County Waterford.
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. The person concerned claimed unemployment assistance on 11 November 1985 and the papers were referred to the social welfare officer for investigation of her means. Following completion of the inquiries she was assessed with nil means and notification of the decision issued to the local office. Unfortunately, however, the notification was mislaid in postal transit but when the loss came to light a duplicate notification was issued. The person concerned is entitled to unemployment assistance at the appropriate maximum weekly rate of £31.75 from 11 November 1985. All arrears due, together with the current week, will be paid this week and further weekly payments will continue to be made as they become due.
155.
asked the Minister for Social Welfare the reason disability benefit is not being paid to a person (details supplied) in County Carlow.
The person concerned claimed disability benefit from 28 December 1985 to 18 January 1986 but is not entitled to payment as he had not the required minimum of 26 contributions paid or credited in the 1983-84 and 1984-85 contribution years which governed his claim. He has only five contributions registered in the 1983-84 contribution year and 20 contributions registered in the 1984-85 contribution year. If he had any additional contributions in these years, he should forward evidence to this effect and the position will be reviewed.
156.
asked the Minister for Social Welfare the reason unemployment assistance was reduced in the case of a person (details supplied) in County Roscommon; and if she will give a breakdown of his means.
The person concerned was in receipt of unemployment assistance at £73.15 weekly, being the appropriate maximum rate payable in his case of £92.35 less means of £19.20, up to 21 January 1986 when one of his children reached 18 years of age. From 22 January 1986 he has been in receipt of unemployment assistance at £65.45 weekly, being the appropriate maximum rate for an applicant with an adult dependant and three child dependants, of £84.65, less means of £19.20. The means of the person concerned, which were assessed in July 1984, are derived from the profit from his holding. The profit was calculated on the basis of a gross income of £2,000 per annum, less £1,000 per annum by way of expenses incurred in earning that income. Accordingly he was deemed to enjoy a profit of £1,000 per annum, or £19.20 per week from his holding. Further weekly payments of £65.45 will continue to be made as they become due.
157.
asked the Minister for Social Welfare when a decision will be reached on an appeal for an increase in unemployment assistance for a person (details supplied) in County Roscommon; and if she will give a breakdown of how his means were assessed.
The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the profit from his holding, exceeded the statutory limit. He appealed against the disallowance and an appeals officer on 1 April 1985 assessed his means at £57 weekly, with effect from 12 December 1984. All arrears due were paid on 9 April 1985 and the person concerned is at present in receipt of unemployment assistance of £49.25 weekly, being the appropriate maximum rate payable in his case of £106.25 less means of £57. The person concerned recently applied for a review of his means and all the claim papers were referred to a social welfare officer for reinvestigation. As a result, in the time available, it has not been possible to obtain a breakdown of how the means in this case were assessed. When these inquiries, which will be completed as soon as possible, are completed his means will be reassessed and the rate of unemployment assistance payable will be reviewed accordingly. A comprehensive statement, giving details of all the items on which the reassessment is based, will be issued to the person concerned.
158.
asked the Minister for Social Welfare if she will give a precise breakdown of means for a person (details supplied) in County Roscommon for the purpose of unemployment benefit; and the reason benefit was refused in this case.
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 recently appealed against the disallowance of his claim and arising from contentions made by him in support of the appeal the papers were returned to the social welfare officer for further inquiries. As a result, in the time available, it has not been possible to obtain a breakdown of how the means in this case were assessed.
When the inquiries, which will be completed as soon as possible, are completed the case will be submitted to an appeals officer for determination of means, at the earliest available opportunity.
159.
asked the Minister for Social Welfare the reason unemployment assistance was not granted to a person (details supplied) in County Roscommon; and if she will give a breakdown of how his means were assessed for unemployment assistance purposes.
The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the value of board and lodging on his mother's holding exceeded the statutory limit.
He appealed against the disallowance of his claim, and arising from contentions made by him in support of his appeal the papers were returned to the social welfare office for further inquiries. It then transpired that the person concerned was the joint owner and full beneficial occupier of a holding adjoining, and being worked as one unit with, his mother's holding.
The yearly income of the combined holding was estimated at £12,700 while the expenses incurred in earning that income were estimated at £5,700 leaving a net yearly profit of £7,000. The person concerned was considered to enjoy benefit to the value of 38 per cent of the profit from the combined holding.
The papers were submitted to an appeals officer who assessed the means at £2,660 yearly or £51.15 weekly. Accordingly, as the means assessed against him exceed the maximum rate of unemployment assistance payable in his case, his claim was disallowed. The person concerned was notified of this decision on 24 April 1985 and he ceased to sign as unemployed on 30 April 1985.
160.
asked the Minister for Social Welfare the present position regarding the application for disability benefit of a person (details supplied) in County Donegal.
Where a person has less than 156 contributions paid since entry into insurable employment, entitlement to disability benefit is limited to 52 weeks.
The person concerned claimed disability benefit from 23 April 1985. According to the records of the Department she has only a total of 50 contributions paid since entry into insurable employment and she exhausted her 52 week entitlement on 12 April 1980.
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.
161
asked the Minister for Social Welfare the present position regarding the appeal for unemployment benefit of a person (details supplied) in County Donegal.
The person concerned appealed against the means assessment on his unemployment assistance claim and an oral hearing was held on 16 July 1985. Following the oral hearing an appeals officer assessed his means at £30.75 weekly, derived from the profit from his holding. He is, accordingly, entitled to unemployment assistance at £3.05 weekly being the appropriate maximum rate payable in his case of £33.80 less means of £30.75.
The person concerned recently applied for a review of his means and the papers were referred to a social welfare officer for reinvestigation. When the inquiries are completed his means will be assessed and the rate of unemployment assistance payable will be reviewed accordingly. Further weekly payments of £3.05 will continue to be made as they become due.
162.
asked the Minister for Social Welfare the present position with regard to an application for a disability grant from a person (details supplied) in County Galway.
Payment of disability benefit to the person concerned was initially disallowed for the statutory period of six weeks from 9 December 1985 to 18 January 1986 as he failed to attend for examination by a medical referee of the Department. Payment was again disallowed from 22 January 1986 following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and arrangements are being made to have him examined by a different medical referee on 28 February 1986. His entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.
He incurred an overpayment of £342.34 in respect of the period from 3 October to 2 December 1985 as he was detained in prison during this period and was not entitled to payment of benefit. A total of £13.17 has been recovered leaving £319.17 still outstanding to the Department.
163.
asked the Minister for Social Welfare if she will consider reducing the rate of deduction for an overpayment from disability benefit payments of a person (details supplied) in County Wexford in view of the hardship caused by the rate of deduction at present; if she will ensure that all outstanding payments are issued up-to-date for the person concerned; and if he will be considered for monthly certificates and an invalidity pension.
Payment of disability benefit to the person concerned was disallowed from 4 February 1985 when a medical referee expressed the opinion that he was capable of work. He appealed against this decision and was examined by a different medical referee who considered him to be incapable of work. Benefit was restored with effect from 4 February 1985.
He had claimed both unemployment benefit and supplementary welfare allowance during the period of his appeal and there were insufficient areas of disability benefit to offset against both overpayments leaving £414.22 outstanding to the South Eastern Health Board. This amount was being recovered by deduction from weekly payments of disability benefit at the rate of £16.59. The deduction has since been reduced to £13.02 and the overpayment will be fully recovered on 4 August 1986.
Arrangements have also been made to have future disability benefit issued at weekly intervals on receipt of monthly medical certificates while he remains unfit for work.
To qualify for an invalidity pension a person must be permanently incapable of work. Arrangements are being made to have him examined by a medical referee of the Department and his entitlement to invalidity pension will be reviewed when the result of the examination is known.
164.
asked the Minister for Social Welfare the reason a person (details supplied) in County Kilkenny was recently issued with a bill of £320.41 for 40 days repayment by Waterford Labour Exchange when the previous summons was down to ten days; the reason for the discrepancy between Waterford and Dublin; and the reason Deputy Crotty's representations of 15 October 1985, with relevant documents, have not received the necessary attention or a reply to date.
The person concerned claimed unemployment benefit for a total of 40 days between 26 March 1983 and 3 January 1984 while he was working. As a result he was paid unemployment benefit and pay-related benefit amounting to £320.41 to which he was not entitled.
It was decided to take legal proceedings against him in respect of 11 of the days on which he worked while claiming benefit. The charge was confined to 11 days because by the time all the necessary evidence was assembled the remaining 29 days were outside the time limit within which prosecutions must be taken. Subsequently it was decided not to proceed with the legal proceedings. However, the overpayment assessed in respect of the 40 days on which the person concerned worked and claimed benefit is still recoverable and should be repaid to the Department.
It is regretted that due to an oversight the Deputy's representations were not replied to and arrangements have been made to issue a reply immediately.
165.
asked the Minister for Social Welfare the present position regarding a claim for unemployment assistance on behalf of a person (details supplied) in County Donegal.
The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the benefit from his wife's earnings, exceeded the statutory limit in his case.
He appealed against the disallowance and on 24 January 1986 an appeals officer also decided that his means derived from benefit from his wife's earnings exceeded the statutory limit. He was notified of this decision on 12 February, 1986.
166.
asked the Minister for Social Welfare when four weeks arrears of unemployment benefit with pay-related benefit due to a person (details supplied) in County Kildare will be paid.
The person concerned claimed unemployment benefit on 25 September 1985 and his claim was authorised at the appropriate weekly rate of unemployment benefit applicable in his case of £111.10 reducing to £102.40 from 5 December 1985, when a child dependant reached the age of 18 years.
In addition he was entitled to pay-related benefit of £37.55 weekly from 16 October 1985 and all arrears due were paid on 20 December 1985.
The person concerned ceased to sign as unemployed on 28 January 1986. He was, at that time in receipt of combined weekly payments' of £129.95 weekly, that is, entitlement to a combined payment of £139.95 less the sum of £10 weekly being deducted towards recovery of an overpayment of £167.02 assessed in respect of an irregular unemployment benefit claim, earlier in 1985.
167.
asked the Minister for Social Welfare the reason a person (details supplied) in County Offaly was not in receipt of the maximum rate of unemployment assistance from 13 March 1985, to 31 December 1985.
Following investigation of the unemployment assistance claim of the person concerned, she was assessed with means of £19.90 weekly, derived from the value of board and lodging in her parents' home. She is, accordingly, in receipt of unemployment assistance at £11.85 weekly being the appropriate maximum rate payable in her case of £31.75 less means of £19.90.
Further weekly payments will continue to be made as they become due. The person concerned did not appeal against the means assessment but it is open to her to do so. A form for this purpose may be ob ained at her local office.
168.
asked the Minister for Social Welfare the reason a person (details supplied) in County Galway has not been sanctioned unemployment assistance.
Entitlement to unemployment assistance is subject to the condition that an applicant must be available for and genuinely seeking work.
The person concerned re-applied for unemployment assistance on 11 November 1985, following a period in employment. She was written to, on two occasions to establish the reason her employment terminated on 1 November 1985 and whether she was available for and genuinely seeking further employment.
When the person concerned replies to these inquiries her entitlement to unemployment assistance from 11 November 1985 will be considered.
169.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford currently receiving unemployment benefits is entitled to pay-related benefit; and, if so, at what rate and when it will be paid.
Entitlement to pay-related benefit with the flat rate unemployment is based on a person's reckonable weekly earning in the relevant income-tax period. The person concerned claimed unemployment benefit on 2 December 1985 and was allowed flat rate unemployment benefit at the appropriate maximum weekly rate of £74.50.
Inquiries had to be made to ascertain his earnings in the relevant income tax period 6 April 1983 to 5 April 1984. These inquiries have now been completed and pay-related benefit has been allowed at the weekly rate of £42.75. Arrangements have been made for the payment of all arrears due this week and further combined weekly payments of £117.25 will continue to be made as they become due.
170.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded a free telephone rental allowance.
To qualify for a free telephone rental allowance a person in receipt of a qualifying pension 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. In this case both the person concerned and his wife are in receipt of qualifying payments so either one can qualify for the allowance provided the other is incapacitated as required by the scheme.
An application for the allowance was received on 29 January 1986. However, the medical evidence furnished in support of the application was insufficient to enable a decision to be given in the case. Accordingly, the applicant has been requested to furnish more comprehensive medical evidence and when this is received an early decision will be given and he will be notified of the outcome.
171.
asked the Minister for Social Welfare the reason a free electricity allowance was withdrawn from a person (details supplied) in County Carlow.
From the information recently furnished by the person concerned he is residing with his son and does not come within the excepted categories for satisfying the living alone condition of the scheme. The allowance was therefore withdrawn in his case.
In the light of the information now furnished by the Deputy a local officer of the Department has been requested to visit the person concerned and furnish a report on the composition of his household. On receipt of his reply the person's entitlement to the allowance will be reviewed and he will be notified of the outcome.
172.
asked the Minister for Social Welfare whether a person (details supplied) in County Galway is entitled to pay-related benefit.
The person concerned claimed unemployment benefit on 18 October 1985 and is in receipt of £39.50 weekly, which is the maximum appropriate rate payable in respect of a single person. Pay-related benefit is calculated on the basis of reckonable weekly earnings during the relevant tax year. The person concerned had insufficient earnings during the tax period 6 April 1983 to 5 April 1984, which is the relevant period in respect of his claim, and accordingly he is not entitled to pay-related benefit.
173.
asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is not in receipt of a full retirement pension; and the reason he is not in receipt of a living alone allowance.
The person concerned is in receipt of a retirement pension at the personal rate of £50.65 per week. This is the rate appropriate to his yearly average of 42 reckonable contributions over the period from the beginning of the 1963 contribution year to 5 April 1985. He had a total of 936 reckonable contributions in this period. A yearly average of at least 48 reckonable contributions is required to qualify for the pension at the maximum rate which is £51.40 per week at present. A living alone allowance is only payable to a pension recipient from age 66 upwards. He should submit a claim for this allowance shortly before he reaches age 66 on 4 January 1987.
174.
asked the Minister for Social Welfare if she will reconsider the disallowance of unemployment assistance to a person (details supplied) in County Cork in view of a misunderstanding which arose in the declaration of his means which he claims to have fully disclosed; and if she will arrange a further inquiry on his behalf.
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 following further inquiries an appeals officer also decided that by failing to furnish details of his means, he failed to show that his means did not exceed the statutory limit. The person concerned, who was notified of the appeal officer's decision, has not been in touch with his local office since 21 May 1985. It is open to him to make a fresh application for unemployment assistance and his means would then be investigated again. A form for this purpose may be obtained at his local office.
175.
asked the Minister for Social Welfare if she will expedite an appeal for increased unemployment assistance by a person (details supplied) in County Cork.
Following a review, the unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from the value of board and lodging on his son's holding exceeded the maximum rate payable in his case. He was notified of the decision on 12 February 1986 and was issued with an appeal form but to date he has not returned it. When it is returned the papers will be submitted to an appeals officer for determination of his means, at the earliest available opportunity. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the decision of the appeals officer.
176.
asked the Minister for Social Welfare the reason for the delay in the payment of free telephone rental to a person (details supplied) in County Cork.
The application for a free telephone rental allowance from the person concerned has been approved. Telecom Éireann have been notified accordingly and will arrange to apply the allowance from the date telephone service is provided to the person concerned.
177.
asked the Minister for Social Welfare if unemployment assistance will be paid to a person (details supplied) in County Cork; and, if so, when.
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.
The entitlement of the person concerned to unemployment assistance cannot be determined until inquiries, which are extensive, regarding his means are completed by the social welfare officer. It is anticipated that the inquiries will be completed this week, and arrangements will then be made to refer the papers to a deciding officer for assessment of means. The entitlement of the person concerned to unemployment assistance will be determined in the light of the means assessed against him.
178.
asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Cork and if she will expedite the claim as he is signing the register since April 1985.
Following investigation of his unemployment assistance claim the means of the person concerned were assessed at £32.15 weekly derived from the value of board and lodgings in his parents' home, from self-employment and from the value of capital. The means assessed exceeded the maximum rate of unemployment assistance payable in his case and accordingly his claim was disallowed.
He appealed against the disallowance and arising from contentions made by him in support of his appeal his case was returned to the social welfare officer for further inquiries. When the inquiries are completed his papers will be submitted to an appeals officer for determination of means and his entitlement to unemployment assistance will be reviewed in the light of the outcome. He ceased signing as unemployed on 4 January 1986.
179.
asked the Minister for Social Welfare if disability benefit will be paid to a person (details supplied) in County Cork.
The person concerned was last insurably employed in the United Kingdom. Under the EC Regulations his claim for sickness benefit is, therefore, the responsibility of the Department of Health and Social Security, Newcastle-upon-Tyne. Accordingly, the claim and medical certification were forwarded to the UK authorities on 13 August 1985. Further medical evidence was forwarded to the DHSS as it became available.
The UK authorities have been contacted in the matter and have advised that the claim has now been paid up to 19 February 1986.
180.
asked the Minister for Social Welfare the reason for the delay in dealing with an appeal for unemployment assistance by a person (details supplied) in County Cork; and if she will arrange to have this paid immediately.
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 this decision and arising from contentions made by him in support of his appeal the papers were returned to the social welfare officer for further inquiries.
These inquiries, which were extensive, were recently completed and a deciding officer in a revised decision, assessed his means at £10.55 weekly, effective from 29 July 1985. His means are derived from the value of board and lodgings on his father's holding.
The person concerned is, accordingly, entitled to unemployment assistance at £21.20 weekly being the appropriate maximum rate payable in his case of £31.75 less means of £10.55. Payments will commence, and all arrears due to him will be paid this week.
181.
asked the Minister for Social Welfare the circumstances in which increased unemployment assistance was refused to a person (details supplied) in County Cork in view of the fact that he had disclosed all details of his income.
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 and the case was returned to the social welfare officer for further inquiries, as he indicated a willingness to disclose his means. On completion of the inquiries an appeals officer assessed his means at £23 weekly derived from the profit from his holding.
The person concerned was, accordingly, entitled to unemployment assistance at £44.05 weekly being the appropriate maximum rate payable in his case of £67.05 less means of £23. All arrears due were paid on 20 November 1985 and weekly payments of £44.05 continued until 30 December 1985 when he reached 66 years and therefore no longer fulfilled the conditions for receipt of unemployment assistance.
182.
asked the Minister for Social Welfare the reason the rate of unemployment assistance being paid to a person (details supplied) in County Cork has been reduced to £24.20 a week when he is entitled to an increased allowance; and if she will agree that this is inadequate under the present circumstances.
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. Following investigation of his unemployment assistance claim the means of the person concerned were assessed at £9.60 weekly, derived from the value of board and lodgings in his parents' home. He appealed against the means assessment but an appeals officer also assessed his means at £9.60 weekly. He is, accordingly, entitled to unemployment assistance at £24.20 weekly being the appropriate maximum rate payable in his case of £33.80 less means of £9.60.
The person concerned recently applied to have his means reviewed and the case was referred to a social welfare officer for investigation. When the inquiries are completed the rate of unemployment assistance payable to the person concerned will be reviewed in the light of the means assessed against him. Further weekly payments of £24.20 will continue to be made as they become due.
183.
asked the Minister for Social Welfare if unemployment assistance will be paid to a person (details supplied) in County Cork.
The person concerned claimed unemployment benefit from 17 September 1985 but, following the completion of inquiries, her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and attended an oral hearing of her case on 14 November 1985. The appeals officer also decided that she was not available for employment. She continued to sign the unemployment register and following further inquiries her claim was allowed from 15 November 1985 as she satisfied the required conditions for receipt of unemployment benefit from that date.
The person concerned is a postal applicant and an order, for encashment at her local post office, in respect of payment to week ending 28 January 1986 was issued to her on 30 January 1986. Further weekly payments of £37.57, comprising flat rate unemployment benefit of £34.70 and pay-related benefit of £2.87, have been made to date and will continue as they become due.
184.
asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Cork who is signing on since last November.
The entitlement of the person concerned to unemployment assistance could not be determined until an investigation of her means had been carried out by a social welfare officer. The inquiries were recently completed and her papers were then submitted to a deciding officer who assessed her with nil means, with effect from 4 November 1985. She is, accordingly, entitled to unemployment assistance at the appropriate maximum rate payable in her case of £31.75 weekly. Weekly payments will commence this week and all arrears due will also be paid.
185.
asked the Minister for Social Welfare if she will accept that in the case of a person (details supplied) in Dublin 17 whose reckonable earnings are only £12 short of entitlement to pay-related benefit, the margin is so small as to merit his inclusion during the period of his receipt of disability benefit; if, in the event of a refusal this claimant is entitled to an appeal; and if she will make a statement on the matter.
The person concerned is not entitled to pay-related benefit during his current disability benefit claim, as the relevant legislation provides that pay-related benefit cannot be added to flat rate benefit to an extent which would cause his total weekly payments to exceed 75 per cent of average weekly earnings in the relevant income tax year. The percentage of reckonable earnings which determines the upper limit of pay-related benefit payable in conjunction with disability benefit is provided for in the Social Welfare (Pay-Related Benefit) Regulations, 1979, as amended by the Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations, 1984.
In the case of the person concerned, the relevant income tax year is 1983-84 in which 75 per cent of his average weekly earnings was £36.57. He is in receipt of flat rate benefit at the weekly rate of £102.40 and therefore, is not entitled to pay-related benefit. There is therefore, no basis for a formal appeal in this case.
186.
asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Carlow.
Entitlement to unemployment benefit is subject to the condition that a claimant must be available for employment.
The person concerned claimed unemployment benefit on 30 December 1985. Inquiries had to be made to establish if she satisfied this condition, and following the completion of these inquiries, her claim was disallowed on the grounds that she was not available for employment.
Arrangements have been made to advise her of this decision as soon as possible and also to advise her of her right to appeal against the decision
187.
asked the Minister for Social Welfare if she will expedite a decision in relation to unemployment assistance for a person (details supplied) in County Roscommon.
The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the letting value of his holding, exceeded the maximum rate of unemployment assistance payable in his case.
He appealed against the amount of means assessed against him and, arising from contentions made by him in support of his appeal, the case was returned to the social welfare officer for further inquiries. These inquiries proved to be very protracted but they have now been completed and the case has been referred to an appeals officer for determination, at the earliest available opportunity. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the decision of the appeals officer.
188.
asked the Minister for Social Welfare if she will confirm the date of approval of a free telephone rental allowance for a person (details supplied) in County Roscommon.
The person concerned applied for free telephone rental allowance in 1983 and the application was approved at that time from 24 May 1983. Telecom Éireann have confirmed that the allowance has been applied to the person's account since that date.
189.
asked the Minister for Social Welfare the reason for the delay in the appeal for unemployment assistance of a person (details supplied) in County Roscommon.
The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the profit from his holding, exceeded the statutory limit. The person concerned was issued with an appeal form, which was returned to the Department on 12 December 1985. Arising from contentions made by the person concerned in support of his appeal, the papers have been returned to the social welfare officer for further inquiries. Every effort is being made to ensure that there are no avoidable delays in dealing with this case and when the inquiries are completed the papers will be referred to an appeals officer for determination of means, at the earliest available opportunity. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the decision of the appeals officer.
190.
asked the Minister for Social Welfare if she will expedite an appeal for unemployment assistance in respect of a person (details supplied) in County Roscommon.
The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from self-employment exceeded the statutory limit in his case. He recently appealed against the decision and arising from contentions made by him in support of his appeal the papers were returned to the social welfare officer for further inquiries. It is anticipated that these inquiries will be completed shortly and arrangements will then be made for the submission of the papers to an appeals officer for determination of means. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the decision of the appeals officer.
191.
asked the Minister for Social Welfare if a decision has been made in the case of a person (details supplied) in Dublin 13 who applied for unemployment assistance; and if she will make a statement on the matter.
Entitlement to unemployment benefit is subject to the condition that a person must have not less than 26 contributions paid since the date of entry into insurable employment. According to the Department's records the person concerned has only 13 contributions paid since entry into insurable employment and consequently her claim for unemployment benefit was disallowed. However, the person concerned stated that she had been employed for four months up to November 1983 in respect of which period the Department has no record of contributions paid. Inquiries are being made to establish if contributions were payable in respect of that employment, at a class which provides cover against unemployment. On completion of the inquiries, her entitlement to unemployment benefit will be re-examined. The delay in this case is regretted.