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Dáil Éireann debate -
Tuesday, 11 Mar 1986

Vol. 364 No. 7

Written Answers. - Social Welfare Benefits.

99.

asked the Minister for Social Welfare the reason (details supplied) in County Waterford is no longer entitled to unemployment assistance.

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed with means of £63.40 weekly, derived from the benefit from his wife's earnings. He is, accordingly, in receipt of unemployment assistance of £3.65 weekly, being the appropriate maximum rate payable in his case of £67.05 less means of £63.40.

The person concerned applied for a review of his means on 10 February 1986 and the papers were referred to a social welfare officer for investigation. When these inquiries are completed his means will be reassessed and the rate of unemployment assistance payable to him will be reviewed accordingly.

100.

asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford has had the rate of unemployment assistance paid to him reduced.

Following reinvestigation of the unemployment assistance claim of the person he was assessed with means of £39.55 weekly from 22 January 1986, derived from self-employment from seasonal fishing. He is, accordingly, in receipt of unemployment assistance of £27.50 weekly, being the appropriate maximum rate payable in his case of £67.05 less means of £39.55.

He appealed on 7 February 1986 against the amount of means assessed against him and arising from contentions made in support of his appeal the papers were returned to the social welfare officer for further inquiries. When these inquiries are completed his case will be submitted to an appeals officer for determination and the rate of unemployment assistance payable to him will be reviewed in the light of the appeals officer's decision.

101.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be reconsidered for an invalidity pension in view of his very serious health condition and recent operations.

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.

102.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be considered for an invalidity pension; and if so, if she will expedite approval.

Disability benefit is in payment to the person concerned since 18 February 1985 when he became incapable of work through illness.

Invalidity pension had been awarded from 20 February 1986. A pension book payable from 3 April 1986 will be issued to the designated post office of payment and arrears in respect of the period from 20 February 1986 to 2 April 1986, less the amount of disability benefit paid during that period, will be paid by payable order.

103.

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

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.

104.

asked the Minister for Social Welfare the reason for the refusal to pay disability benefit to a person (details supplied) in County Limerick; and when this will be restored.

Payment of disability benefit to the person concerned was disallowed from 18 January 1986 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 found him to be incapable of work.

Accordingly, payment of benefit has been restored and all benefit payable in respect of his claim from 27 February 1986, less the amount of supplementary welfare allowance advanced by the Mid-Western Health Board, has been issued to date. No arrears were payable in respect of the period from 18 January to 26 February 1986 as in the meantime he had claimed an equivalent amount in unemployment benefit.

105.

asked the Minister for Social Welfare the reason for the refusal to pay arrears of unemployment benefit to a person (details supplied) in County Limerick; and when this will be paid.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for employment.

The person concerned claimed unemployment benefit from 2 January 1986 and on the information available, her claim was disallowed by a deciding officer on the grounds that she was not available for employment.

She appealed against the disallowance and her case is listed for oral hearing on 13 March 1986. Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

106.

asked the Minister for Social Welfare the reason for the dealy in payment of unemployment benefit to a person (details supplied) in County Limerick; and when this will be paid.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for employment. The person concerned claimed unemployment benefit on 31 December 1985. Following the completion of inquiries made to establish whether she satisfied this condition, her claim was disallowed on the grounds that she was not available for employment. The person concerned has been notified of the decision and of her right to appeal against it, if dissatisfied.

107.

asked the Minister for Social Welfare the reason for the delay in the payment of unemployment benefit or assistance to a person (details supplied) in County Monaghan.

Following the exhaustion of his entitlement to 390 days unemployment benefit on 1 November 1985 the person concerned applied for unemployment assitance. His claim 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 supply particulars of his home circumstances. He has been notified accordingly and advised of his right to appeal against the disallowance but has not done so, to date.

108.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Meath who has been signing at Trim exchange since 4 February 1986.

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 conditions, including an assessment of means. The person concerned who has been signing at his local office for credited contributions since 21 September 1984 only became eligible for unemployment assistance when he became 18 years of age on 4 February 1986.

Due to an oversight, however, he was issued with an application form for unemployment assistance only last week. When this form is returned his application will be referred to a social welfare officer for investigation of his means. When these inquiries, which will be completed as soon as possible, are completed, his entitlement to unemployment assistance will be determined in the light of the amount of means assessed against him. The oversight in this case is regretted.

109.

asked the Minister for Social Welfare the amount of arrears due to a person (details supplied) in Dublin 1 for unemployment assistance.

The person concerned claimed unemployment benefit from 11 June 1984 to 22 June 1985 and was paid 318 days benefit during that period. She then claimed disability benefit from 24 June 1985 to 30 September 1985 when she was found capable of work by the medical referee.

She then claimed disability benefit from 24 June 1985 to 30 September 1985 when she was found capable of work by the medical referee. She next attended at her local office for the purpose of reclaiming unemployment benefit on 1 November 1985 and stated that since her disability benefit claim had ceased she had been in receipt of supplementary welfare allowance from the health board. Her unemployment benefit claim of 1 November 1985 linked to her previous unemployment benefit claim and accordingly she was paid to 22 January 1986, at which date she exhausted her entitlement to the maximum duration of 390 days benefit.

In December 1985, she requested permission to sign the unemployed register retrospectively for the period 1 October 1985 to 31 October 1985. Her request was granted and arrears of £397.88 unemployment benefit plus pay-related benefit were due for this period. However, as a result of her request to sign-back being granted, her entitlement to 390 days unemployment benefit was exhausted on 5 December 1985 instead of 22 January 1986. This resulted in an overpayment of £149.59, being the difference between the unemployment assistance which she would have been due from 6 December 1985 to 22 January 1986 and the unemployment benefit plus pay-related benefit which was actually paid for this period. In addition she had received a total of £222.25 supplementary welfare allowance from the health board in respect of the period 1 October 1985 to 31 October 1985.

Therefore, a total amount of £371.84 (£149.59 overpayment plus £222.25 advances of supplementary welfare allowance) was deducted from unemployment benefit plus pay-related benefit arrears due amounting to £397.88, leaving a balance of £26.04 which was paid to her on 5 February 1986. She continues to sign the unemployed register and is at present in receipt of £34.95 unemployment assistance weekly, which is the maximum rate payable to a single person.

110.

asked the Minister for Social Welfare when a person (details supplied) in Dublin 13 will receive unemployment assistance as he signed on initially for about five to six weeks around October of last year; and if she will make a statement on the matter.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £13 weekly, derived from the benefit of board and lodging in his parents' home. He is, accordingly, entitled to unemployment assistance of £19.75 weekly being the appropriate maximum rate payable in his case of £32.75 less means of £13.

The person concerned reapplied for unemployment assistance on 4 March 1986 and on the following day the arrears due in respect of the period 8 October to 6 November 1985 were paid to him. Weekly payments of £19.75 will be made as they become due.

111.

asked the Minister for Social Welfare if an oral hearing for unemployment assistance will be granted to a person (details supplied) in County Galway.

Following investigation of his unemployment assistance claim, the person concerned was assessed with means of £78.85 weekly, derived from the profit from his holding.

His means exceeded the maximum rate of unemployment assistance payable to him and, accordingly, his claim was disallowed. He was advised of his right to appeal, by way of letter, in September 1985, but did not do so and ceased signing at his local office on 15 October 1985.

It is open to the person concerned to apply to have his means reinvestigated and a form for this purpose may be obtained at his local office. It would then be open to him, if dissatisfied with the means assessed against him, to request an oral hearing in his case.

112.

Mr. Coughlan

asked the Minister for Social Welfare when arrears of unemployment benefit will be paid to a person (details supplied) in County Donegal.

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 30 December 1985 but according to the Department's records he does not satisfy the contribution condition of having 26 contributions paid or credited in the contribution period 6 April 1983 to 5 April 1984 which governs his entitlement to unemployment benefit from 30 December 1985.

When he attended at his local office on 30 December 1985 he stated that he had been employed during the period 6 April 1983 to 5 April 1984. He was asked to furnish details of his employment, from his employer, during this period but has failed to reply to date.

Inquiries are being made regarding the apparent non-payment of contributions by his employer and when these inquiries are completed his entitlement to unemployment benefit will be reviewed. The person concerned has been advised to claim unemployment assistance pending the outcome of the inquiries regarding the apparent non-payment of contributions.

113.

asked the Social Welfare when a decision will be made in relation to an application for an invalidity pension made by a person (details supplied) in County Limerick.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned was examined on 5 February 1986 by a medical referee who did not consider him to be permanently incapable of work. A deciding officer has decided that he is not therefore entitled to invalidity pension.

114.

asked the Minister for Social Welfare the reason pay related benefit payments were not made to a person (details supplied) in County Cork.

The person concerned claimed disability benefit from 18 September 1985 and all benefit payable has been issued to 19 October 1985, after which date he was certified fit to resume work.

He was not entitled to pay-related benefit as the amount of disability benefit payable in his case exceeded 75 per cent of his average reckonable weekly earnings in the 1983-84 tax year which governed his claim.

115.

asked the Minister for Social Welfare if she will restore unemployment assistance payments to a person (details supplied) in County Cork.

Following reinvestigation, 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 in his case. If he is dissatisfied with the amount of means assessed against him it is open to him to appeal and have his means determined by an appeals officer. A form for this purpose may be obtained from his local office.

116.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kilkenny is receiving only £8 weekly in unemployment assistance despite the family circumstances and if she will give a breakdown of the means assessed against him.

Following investigation of the unemployment assistance claim of the person concerned, he was assessed with means of £22.35 weekly, derived from the benefit of board and lodging in his parents' home. He is, accordingly, in receipt of unemployment assistance of £9.40 weekly being the appropriate maximum rate payable in his case £31.75 less means of £22.35.

The legislation governing this scheme, provides that the means of a person for unemployment assistance purposes must take account of the yearly value of any benefit or privilege enjoyed by him. The purpose of the assessment for board and lodgings of applicants living with relatives is to achieve a degree of equity as between applicants living in relatively better-off circumstances and those whose circumstances are poor.

Where the head of the family is a wage earner, the method of assessing the value of board and lodgings is to deduct from net parental income, that is the gross income less income tax and PRSI contributions, an amount to cover such outgoings as rent or mortgage repayments. In addition, a parental allowance is deducted and the remainder of net parental income is divided among the non-earning members of the household to arrive at the value of board and lodgings.

To alleviate the position of applicants from small families who often fared badly under the method described above, it is provided that an applicant's share of the net household income should not be regarded as more than a maximum of 12½ per cent of that income.

The net parental income, less rent, in this case amounted to £178.91 weekly and with the application of the 12½ per cent limitation described above, a deciding officer assessed the means of the person concerned at £22.35 weekly. If the person concerned wishes to appeal against the means assessment, he should complete and return the appeal form already issued to him.

117.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kilkenny who has been signing on for unemployment benefit since 1 January 1986, is only in receipt of £38.05 and has no entitlement to pay-related benefit in view of the fact that her earnings were £113 per week.

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

The person concerned claimed unemployment benefit from 30 December 1985. Her claim was disallowed on the grounds that she had only 24 paid contributions during the contribution period 6 April 1983 to 5 April 1984 which governed the entitlement to unemployment benefit from 30 December 1985.

A new benefit year commenced on 6 January 1986 and her claim was authorised at £38.05 weekly, the appropriate rate payable to a single person who has 44 contributions during the contribution period 6 April 1984 to 5 April 1985 which governs entitlement to unemployment benefit from 6 January 1986. Inquiries are being made at present with the Department of Health and Social Security to establish whether any contributions were paid on her behalf during the governing contribution year 6 April 1984 to 5 April 1985, while in the United Kingdom. When these inquiries are completed, her possible entitlement to a higher rate of unemployment benefit will be determined.

Entitlement to pay-related benefit, and the amount of pay-related benefit payable, are determined on the basis of reckonable earnings in the relevant income tax year. The relevant income tax year for unemployment benefit claims commencing during 1985 is the income tax year 1983-84. The person concerned is not entitled to pay-related benefit on her present claim as she had insufficient earnings during the relevant period.

118.

asked the Minister for Social Welfare the present position regarding unemployment benefit payable to a person (details supplied) in County Cork; the number of stamps she has; and if her latest stamps have been taken into account.

Entitlement to unemployment benefit is subject to the conditions that a person must have at least 26 contributions paid since entry into insurable employment and must also have at least 26 contributions paid or credited in the governing contribution year.

The person concerned claimed unemployment benefit on the 3 September 1985. She furnished a P.45 which showed only 22 contributions paid in the current contribution period and as the Department has no record of any previous contributions paid in respect of her, she was asked to furnish details of her employment prior to 6 April 1985, but she has not replied to date. A letter was also issued to her employer requesting details of the employment but they have not replied to date. When the person concerned furnishes details of her employment her entitlement to unemployment benefit will be determined. In the meantime she is in receipt of unemployment assistance at the weekly rate of £22.15 being the appropriate rate payable to a single person with means of £9.60 assessed against her.

119.

asked the Minister for Social Welfare if she will arrange to have a person (details supplied) in County Kilkenny transferred to an invalidity pension.

The person concerned has been in receipt of disability benefit since 9 December 1985. Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. In order that a person may be considered permanently incapable of work, it is necessary for him to, inter alia, have been continuously incapable of work for a period of one year. Therefore the earliest date on which the claimant can qualify for invalidity pension is 9 December 1986.

120.

asked the Minister for Social Welfare arising out of Parliamentary Question No. 39 of Wednesday 29 January 1986 the reason a person (details supplied) in County Kerry is not in receipt of disability benefit; and if she will now reconsider her decision as AnCO have now paid contributions on his behalf.

The person concerned has submitted a statement from AnCO which shows that he obtained 15 J1 contributions in the period from 13 May 1985 to 23 August 1985. J1 contributions are payable in respect of employments of a subsidiary nature or of inconsiderable extent and are not reckonable for disability benefit purposes.

In order to requalify for payment it is necessary for him to resume insurable employment for which contributions are payable at Classes A, E, F, G, H or N for a minimum of 13 weeks.

121.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry will not receive unemployment benefit.

The person concerned was paid unemployment benefit from 25 April 1985. On 8 November 1985 she claimed maternity allowance and consequently payment of unemployment benefit ceased. However for the period she claimed maternity allowance she was already paid unemployment benefit and arrangements have been made to treat the amount of unemployment benefit paid in respect of the period 19 August 1985 to 26 October 1985 as paid on account of maternity allowance. Payment of unemployment benefit has been restored and all arrears due will be paid this week. The delay in restoring payment of unemployment benefit is regretted. Further weekly payments will be made as they become due.

122.

asked the Minister for Social Welfare the reason a person (details supplied) in County Monaghan is receiving a reduced rate of disability benefit.

The person concerned claimed disability benefit from 6 November 1985 and payment has been issued to 3 March 1986, the date of the latest medical certificate received.

He incurred an overpayment of £118.50 during a previous disability benefit claim from 20 November 1983 to 30 September 1985. This amount is being recovered by weekly deductions of £6 from his current entitlement. A balance of £16.50 is still outstanding. Payment of disability benefit will continue to be issued to the person concerned while he remains medically incapable of work.

123.

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

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for employment. The person concerned claimed unemployment benefit from 13 November 1985 and on the basis of the information available, her claim was disallowed by a deciding officer on the grounds that she was not available for employment.

She appealed against the disallowance and attended an oral hearing on 12 February 1986, at which she was given the opportunity of presenting her case, but the appeals officer also decided that she was not available for employment. She was notified of this decision on 14 February 1986.

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