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Dáil Éireann debate -
Tuesday, 25 Feb 1986

Vol. 364 No. 1

Written Answers. - Social Welfare Benefits.

174.

asked the Minister for Social Welfare the reason for the delay in recommencing payment of disability benefit to a person (details supplied) in County Galway.

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 57 contributions paid on his behalf since entry into insurance. He claimed disability benefit from 8 January 1976 and was paid to 11 January 1977 after which date his 52 week entitlement became exhausted. He has submitted medical certificates up to 4 February 1986 and credited contributions have been allowed.

In order to requalify for disability benefit it will be necessary for him to have at least a further 13 weeks of insurable employment for which the appropriate contributions are paid. He has been notified that he is not entitled to payment of disability benefit.

175.

asked the Minister for Social Welfare when a decision will be made on an appeal by a person (details supplied) in County Clare in relation to his unemployment assistance claim.

Following investigation of the unemployment assistance claim of the person concerned, he was assessed with means of £50 weekly, derived from selfemployment as a fisherman. He is, accordingly, in receipt of unemployment assistance at £12.95 weekly, being the appropriate maximum rate payable in his case of £62.95 less means of £50.

The person concerned appealed on 12 February 1986 against the means assessment and arising from contentions made by him in support of the appeal, the papers were returned to the social welfare officer for further inquiries. When these inquiries are completed the case will be submitted to an appeals officer for determination, at the earliest available opportunity. The rate of unemployment assistance payable will be reviewed in the light of the decision of the appeals officer.

176.

asked the Minister for Social Welfare when arrears of disability benefit and occupational injury benefit will be paid to a person (details supplied) in County Kerry in view of the fact that he is still attending the orthopaedic clinic in the Tralee regional hospital.

The person concerned claimed disability benefit from 28 August 1981 and payment was issued to 22 June 1985. Payment was disallowed from 24 June 1985 following examination by a medical referee who expressed the opinion that he was capable of work.

He appealed against the disallowance and was examined by a different medical referee who also expressed the opinion that he was capable of work. His case was then referred to an appeals officer who upheld the decision to disallow payment of disability benefit from 24 June 1985 to 1 December 1985, the date of the latest medical certificate before him. The decision of the appeals officer is final and can only be altered in the light of new facts or fresh evidence. The person concerned did not apply for occupational injury benefit.

177.

asked the Minister for Social Welfare when a person (details supplied) in County Kerry will be paid in respect of her husband and two children as dependants in her unemployment benefit.

Under the legislation governing the unemployment benefit scheme the husband and children of the person concerned are not regarded as her dependants and, accordingly, she is not entitled to payment of unemployment benefit in respect of them.

She claimed unemployment benefit on 2 December 1985 and her claim was allowed at £34.70 weekly, the rate appropriate to a married woman. In addition she is in receipt of £12.58 per week pay-related benefit. Further combined weekly payments of £47.28 will continue to be made as they become due.

178.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Kerry who is signing on since last December.

Following investigation of the unemployment assistance claim of the person concerned, he was assessed, with effect from 24 December 1985, with nil means. He is, accordingly, entitled to unemployment assistance at the appropriate maximum weekly rate of £33.80, and all arrears due from 24 December 1985 were paid to him on 20 February 1986. Further weekly payments of £33.80 will continue to be made as they become due.

Question No. 179 postponed.

180.

asked the Minister for Social Welfare the reason for the delay in paying unemployment assistance to a person (details supplied) in County Kerry in view of the fact that he cannot obtain work and has no income; and if she will make a statement on the matter indicating when he may expect to receive payment.

Entitlement to unemployment assistance is subject to the condition that a person must be available for and genuinely seeking work.

The claim of the person concerned was disallowed from 25 September 1985 on the grounds that he was not genuinely seeking work. He appealed against the disallowance and at an oral hearing on 6 February 1986 he was given an opportunity to present his case. The appeals officer, however, also decided that he was not genuinely seeking work and the person concerned was notified of this decision.

He continued to sign the unemployed register and his claim will again be reviewed in the near future.

181.

asked the Minister for Social Welfare the basis on which it was decided that a woman (details supplied) in County Monaghan was unavailable for work.

The person concerned claimed unemployment benefit from 10 December 1985 but her claim was disallowed on the grounds that she was not available for employment. She had not made any specific efforts to secure employment. She appealed against the disallowance and at the oral appeal hearing, on 16 January 1986, she was given the opportunity to present her case. The appeals officer also decided that she was not available for employment. She continued to sign the unemployed register after the date of the appeals officer's decision and inquiries are being made at present to establish whether she now fulfils the condition of being available for employment. When these inquiries are completed, her entitlement to unemployment benefit from 17 January 1986 will be determined.

182.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Kerry who is signing on since Christmas, when his entitlement to unemployment benefit was exhausted.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, assessed at £57.40 weekly, derived from the value of capital and from a pension, exceeded the maximum rate of unemployment assistance payable in his case.

He has not appealed against the means assessment to date, and it is open to him to do so. A form for this purpose may be obtained from his local employment office.

183.

asked the Minister for Social Welfare when a person (details supplied) in County Kerry will be paid unemployment benefit or assistance as she is unemployed since 8 December 1985.

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions paid or credited in the governing contribution year.

The person concerned claimed unemployment benefit on 11 December 1985. Inquiries are being made to establish whether she fulfils the condition of having 26 contributions paid or credited in the relevant income tax period 6 April 1983 to 5 April 1984.

These inquiries will be completed as soon as possible and her entitlement to unemployment benefit will be determined in the light of the outcome. In the meantime she has been advised of her possible entitlement to unemployment assistance.

Question No. 184 postponed.

185.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Kerry and the reason for the 12 months delay in deciding this appeal.

Following reinvestigation, the unemployment assistance claim of the person concerned was disallowed from 6 February 1985 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 means assessment but on 10 April 1985, an appeals officer also assessed him with means exceeding the statutory limit.

The person concerned was notified of the appeals officer's decision on 6 May 1985. He reapplied for unemployment assistance on 9 August 1985 and the case was referred to a social welfare officer for investigation.

The person concerned failed, however, to co-operate with the social welfare officer and his claim was, accordingly, 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 was notified of the decision on 10 February 1986, and of his right to appeal against it.

186.

asked the Minister for Social Welfare when unemployment assistance at the maximum rate will be paid to a person (details supplied) in County Kerry who leased his land to his son for non-pecuniary consideration; and the cause for the long delay in finalising this case.

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed with means of £46 weekly derived from the profit from his holding. He is, accordingly, currently in receipt of unemployment assistance at £54.05 weekly being the appropriate maximum rate payable in his case of £100.05 less means of £46.

The papers in this case were returned to the social welfare officer for reinvestigation in August 1985. These inquiries have been very protracted because the social welfare officer was not furnished with the information necessary to complete his report. It is expected, however, that the inquiries will be completed very shortly and his case will then be referred to a deciding officer for a review of his means. The rate of unemployment assistance payable to the person will be reviewed in the light of the means assessed against him.

187.

asked the Minister for Social Welfare if she will arrange for the payment of arrears of unemployment assistance to a person (details supplied) in County Laois.

There is no trace of an application for unemployment assistance from the person concerned. Her husband is, however, in receipt of unemployment assistance at the weekly rate of £84.65 which is the rate appropriate to an applicant with an adult dependant and three child dependants, whose means are assessed at nil.

He has not, to date, claimed for an extra child dependant, but it is open to him to do so. A form for this purpose may be obtained at his local employment office.

188.

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

It has not been possible to trace receipt of a claim for unemployment 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.

189.

asked the Minister for Social Welfare if she will grant an unemployment assistance allowance to a person (details supplied) in County Laois.

When the person concerned claimed an increase in respect of his wife and child on 4 January 1986, he indicated that his wife had previously applied for social assistance allowance. It has now been established that she subsequently withdrew her application for social assistance allowance and, accordingly, an increase in respect of dependants has been allowed to the person concerned from 4 January 1986. All arrears due will be paid this week. Further weekly payments of £67.05, being the appropriate maximum rate for a married man with one child, will continue to be made as they become due.

190.

asked the Minister for Social Welfare is she will make a decision on the application for unemployment assistance from a person (details supplied) in County Laois.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the profit from his holding, and from self-employment, exceeded the statutory limit. He recently appealed against the disallowance and the case was submitted to an appeals officer for determination of means. The appeals officer has decided to hold an oral hearing and the person concerned will be notified when the venue and date have been arranged. 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 when a decision will be made on the appeal of a person (details supplied) in County Kerry concerning the means assessed against him for unemployment assistance due to the fact that he is no longer residing at home.

Following investigation of his unemployment assistance claim, the means of the person concerned, derived from the value of board and lodging, were assessed at £19.55 weekly. He is, accordingly, in receipt of unemployment assistance at £13.20 weekly being the appropriate maximum rate payable in his case of £32.75, less means of £19.55. The person concerned applied to have his means reviewed and the papers were referred to a social welfare officer for reinvestigation. When the 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. Further weekly payments of £13.20 will continue to be made as they become due.

192.

asked the Minister for Social Welfare the reason for the delay in dealing with an application for unemployment assistance by a person (details supplied) in County Kerry; and if she will arrange to have this paid immediately.

The person concerned applied for unemployment assistance on 21 October 1985 and her case was referred to a social welfare officer for investigation of her means. The social welfare officer could not complete his report as the person concerned failed to supply particulars, which were considered by the investigation officer to be relevant. However, a deciding officer has afforded the person concerned a further opportunity to co-operate and the papers have again been returned to the social welfare officer. When the inquiries are completed by the social welfare officer the entitlement of the person concerned to unemployment assistance will be determined in the light of his report.

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