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Dáil Éireann debate -
Thursday, 20 Feb 1986

Vol. 363 No. 15

Written Answers. - Social Welfare Benefits.

55.

asked the Minister for Social Welfare the reason for the long delay in the issue of a new children's allowance book to a person (details supplied) in County Westmeath as she reported the loss of her children's allowance book last October and since then she has heard nothing on the matter.

The person in question reported the loss of her children's allowance book and change of address to the Department on 27 November 1985. Due to a clerical error the replacement allowance book was issued to her old address. A replacement book has now been issued to her at the correct address.

56.

asked the Minister for Social Welfare the reason for the delay in the hearing of the oral appeal in respect of disability benefit in the case of a person (details supplied) in County Westmeath.

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 on 12 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 as soon as possible. It has not yet been possible to arrange a specific date for the hearing due to the large volume of appeals on hand. However the person concerned will be notified accordingly as soon as the necessary arrangements have been completed.

57.

asked the Minister for Social Welfare the reason the son of a person (details supplied) in County Westmeath has been cut off the father's benefit: if she is aware that the son is in full time education still, or how it is intended that the father will continue to care for him on his diminished income; and if she will give full details and consideration to this matter.

Social Welfare regulations provide that the increase in disability benefit for a child dependant is payable only where the dependent child is under 18 years of age.

The person concerned claimed disability benefit from 31 January 1983 and payment was issued at the maximum rate appropriate to a married man with four dependent children. From 26 December 1985 his weekly rate of payment was reduced from £102.40 to £93.70, the maximum rate appropriate to a married man with three child dependants, as his eldest son attained 18 years of age on that date.

If his means are insufficient to meet his needs he should contact his local community welfare officer who may be able to assist him.

58.

asked the Minister for Social Welfare the reason for the delay in the payment of back-dated benefits to a person (details supplied) in County Westmeath.

The person concerned claimed disability benefit from 11 February 1985 and payment was issued to 5 August 1985. Payment was disallowed from 6 August 1985 following examination by a medical referee who expressed the opinion that she was capable of work.

She appealed against the disallowance and her case was referred to the appeals officer for determination. The appeals officer decided that she was incapable of work from 6 August 1985 to 2 December 1985 the date of the latest medical certificate before him and was entitled to be paid disability benefit in respect of this period. Entitlement to disability benefit was restored from 6 August 1985. However, no arrears were payble as he had claimed and was paid unemployment benefit up to 15 January 1986. All benefit payable from 16 January 1986 to 11 February 1986, the date fo the latest medical certificate received, has been issued.

59.

asked the Minister for Social Welfare if he will initiate fresh procedures in the case of a person (details supplied) in County Westmeath whose social welfare benefits have been discontinued since last August.

The person concerned was paid disability benefit to 3 August 1985 after which date payment was disallowed following an examination by a medical referee who expresed 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.

60.

asked the Minister for Social Welfare if a decision can be reached in the case of a person (details supplied) in County Westmeath to ascertain the category for which she is eligible to qualify for social benefits.

Entitlement to unemployment assistance is subject to the condition that an applicant must be available for and genuinely seeking employment. The person concerned claimed unemployment assistance from 23 October 1985 to 8 January 1986 but her claim was disallowed on the grounds that she was not available for and genuinely seeking work.

She again claimed unemployment assistance on 10 February 1986, and she also appealed against the disallowance. Arrangements are being made to have her case submitted to an appeals officer for determination. Her entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer. It is understood that the person concerned is in receipt of supplementary welfare allowance.

61.

asked the Minister for Social Welfare if the case of a person (details supplied) in County Westmeath could be reviewed for insurable employment.

Employment is insurable under the Social Welfare Acts if it is under a contract of service. Such a contract exists where there is an employer-employee relationship, the employer having the right of control, direction and dismissal over the employee.

Particulars of the employment of the person concerned submitted by him to the Department did not indicate the existence of such a relationship. He stated that the business for which he worked was set up by himself and another person and there was no evidence that he was subject to control, direction or dismissal in the employment. A deciding officer held that he was not employed under contract of service and that employment from January 1983 to September 1983 was not insurable employment.

The person concerned was notified of this decision on 8 January 1986 and advised that if he was dissatisfied he could appeal against it by notifying the Department in writing within 21 days. To date no such notification has been received but if he submits an appeal against the decision his case will be reviewed by an appeals officer.

The person concerned had paid contributions at the Class A rate for part of the 1982-83 and 1983-84 contribution year. He has been advised of his entitlement to a refund of these contributions and this will be arranged shortly if he does not indicate that he wishes to have his case reviewed by an appeals officer. If he appeals, the refund procedure will be delayed until the appeals officer has given his decision.

62.

asked the Minister for Social Welfare if she will consider, as a matter of urgency, the appeal case for unemployment assistance of a person (details supplied) in County Westmeath; and if she is aware that the decision will impose severe hardship on this family.

Following reinvestigation of his unemployment assistance claim the means of the person concerned were assessed, with effect from 15 January 1986, at £44.20 weekly, derived from the beneficial occupation of a holding.

He is, accordingly, entitled to unemployment assistance at £32.75 weekly being the appropriate maximum rate payable in his case of £76.95 less means of £44.20.

He appealed against the means assessment and arising from contentions made by him in support of his appeal, the papers were returned to the social welfare officer for further inquiries.

The inquiries will be completed as soon as possible and the papers will then be submitted to an appeals officer who will determine the means, at the first available opportunity. The rate of unemployment assistance payable will be reviewed in the light of the decision of the appeals officer. Further weekly payments of £32.75 will continue to be made as they become due.

63.

asked the Minister for Social Welfare the result of the appeal case of a person (details supplied) in County Westmeath.

An appeals officer decided that the person concerned was not incapable of work within the meaning of the Social Welfare Acts during the period from 14 May 1984 to 1 April 1985 (the date of the latest medical certificate before him at that time) and is not entitled to be paid disability benefit in respect of that period. An appeals officer's decision is final and may only be altered in the light of new facts or fresh evidence.

The person concerned has continued to submit medical certificates and, accordingly, he was examined again by a different medical referee on 22 January 1986. He was again considered to be capable of work.

He was informed of the result of this examination and was supplied with a form on which to set out the grounds for appeal if he wishes to have his case referred to an appeals officer for determination.

64.

asked the Minister for Social Welfare when the appeal case will be heard for a person (details supplied) in County Westmeath; and the reason for the delay.

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 she was capable of work. She appealed against the disallowance of benefit and was examined by a different medical referee on 12 December 1985 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. It is not yet possible to supply a specific date for the hearing due to the large volume of appeals on hand. However the person concerned will be notified accordingly as soon as the necessary arrangements have been completed.

65.

asked the Minister for Social Welfare if serious consideration will be given to the appeal case of a person (details supplied) in County Westmeath because of his medical condition.

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.

66.

asked the Minister for Social Welfare if the correct amount of pay-related income is presently being received from a person (details supplied) in County Westmeath.

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 benefit and income tax rebate may not exceed 85 per cent of the net average weekly earnings of a claimant. The 85 per cent limit applicable to the person concerned was calculated at £95.25 and as the flat rate of unemployment benefit payable, since 28 October 1985, is £102.40 per week, pay-related benefit is not payable in this case.

67.

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

It has not been possible to trace receipt of a claim for unemployment benefit or assistance which refers to the person named in the details supplied. Further inquiries in the matter will be made if the Deputy will furnish additional information to enable the person concerned to be identified.

68.

asked the Minister for Social Welfare when a death grant will be paid to a person (details supplied) in County Galway.

The person concerned is not entitled to a death grant in respect of her late mother-in-law.

One of the conditions for receipt of the grant is that the deceased or spouse of the deceased, must have had at least 26 contributions paid since 1 October 1970, the year in which the death grant scheme was introduced. Entitlement to the grant in this case is based on the insurance record of her late father-in-law who died in 1965, before the death grants scheme was introduced.

69.

asked the Minister for Social Welfare the present position with regard to an appeal against the decision with regard to his unemployment assistance from a person (details supplied) in County Galway.

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed, with effect from 29 January 1986, with means of £102.50 weekly, derived from the profit from his holding and from the value of capital. He is, accordingly, in receipt of unemployment assistance of £3.75 weekly being the appropriate maximum rate payable in his case of £106.25 less means of £102.50.

The person concerned was issued with an appeal form on 17 February 1986. When it is returned to his local office his papers will be submitted to an appeals officer for determination of means. The rate of unemployment assistance payable will then be reviewed in the light of the appeals officer's decision.

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