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Dáil Éireann debate -
Wednesday, 12 Mar 1986

Vol. 364 No. 8

Written Answers. - Social Welfare Benefits.

55.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be given a decision on his disability benefit.

The person concerned was paid disability benefit to 25 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 of benefit and, accordingly, he was again examined by a different medical referee on 6 January 1986. He was again considered to be capable of work.

He was informed of the position and was supplied with a form on which to set out the grounds for appeal if he wished to have his case referred to an appeals officer for determination. A duplicate form was issued to the person concerned on 10 March 1986. His case will be reviewed on receipt of this form.

56.

asked the Minister for Social Welfare the reason payment of unemployment assistance/benefit has been delayed to a person (details supplied) in County Meath; and if she will make a statement on the matter.

The person concerned claimed unemployment benefit on 18 December 1985. Following inquiries her claim was disallowed for a period of six weeks from her last date of employment on 9 December 1985 on the grounds that she had lost her employment through her own misconduct. The claim was allowed from 20 January 1986 at a weekly rate of unemployment benefit of £39.50 which is the maximum rate payable to a single person.

All arrears due, less the amount of supplementary welfare allowance advanced to her pending the outcome of her claim, were paid on 21 February 1986. She ceased to sign as unemployed on 8 February 1986. Inquiries, which will be completed as soon as possible, are being made to ascertain whether she is entitled to pay-related benefit for this period.

57.

Mr. Coughlan

asked the Minister for Social Welfare in view of a recent High Court ruling that skippers of fishing vessels are not classed as employers, but rather as partners, the position regarding payment of unemployment benefit or disability benefit to fishermen who have paid Class A insurance contributions; and if she will make a statement on the matter, bearing in mind the chaos which the cessation of such payments will create in areas such as Killybegs where fishermen are employed on a seasonal basis and rely on unemployment benefit for the remainder of the year.

It is presumed that the Deputy is referring to the insurability position of whole time share fishermen who normally pay Class A insurance contributions. Any whole time share fisherman who has paid Class A insurance contributions will continue to be eligible for the full range of social welfare benefits on the basis of contributions paid or credited in the contribution year governing entitlement to his claim, provided he satisfies the normal conditions for entitlement to the benefit claimed.

The question of the insurability of whole time share fishermen, following the recent High Court decision in a case taken by the Revenue Commissioners, will be examined by this Department immediately that ruling becomes available and as soon as the matter has been clarified an announcement will be made.

58.

Mr. Coughlan

asked the Minister for Social Welfare if she will outline the total amount of unemployment assistance and unemployment benefit paid during 1985 in each of the following counties; Donegal, Leitrim, Cavan, Monaghan and Louth.

Statistics are not maintained in a manner which would enable the information sought by the Deputy to be furnished.

59.

(Limerick West) asked the Minister for Social Welfare if she will arrange for the immediate examination by a different medical referee in respect of a claim for disability benefit from a person (details supplied) in County Limerick.

Payment of disability benefit to the person concerned was disallowed from 13 February 1986 following an 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 at an early date. His entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

60.

asked the Minister for Social Welfare if any decision has yet been made on the appeal by a person (details supplied) in County Kilkenny, against the decision of her Department to refuse to pay 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 on 29 November 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 at an oral appeal hearing on 25 February 1986, she was given the opportunity of presenting her case. The appeals officer, however, also decided that he was not available for employment and she was notified of that decision on 27 February 1986. The person concerned ceased to sign as unemployed after 27 February 1986.

61.

asked the Minister for Social Welfare the cause of the long delay in having unemployment benefit paid to a person (details supplied) in County Kilkenny.

A claimant for unemployment benefit who is a land holder but who 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. The person concerned, who is a land holder, applied for unemployment benefit on 3 January 1986. According to the Department's records he 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 has also applied for unemployment assistance and his claim was 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 means assessed against him. Pending decisions on his claims he has been advised of his possible entitlement to supplementary welfare allowance if his means are insufficient to meet his needs.

62.

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

Following a recent reinvestigation of his means, 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 has been notified accordingly. It is open to him to appeal against the means assessment and a form for this purpose may be obtained as his local employment office.

63.

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

The person concerned applied for unemployment assistance on 27 July 1984 but his claim was disallowed on the grounds that his means, derived from the profit from his holding, exceeded the statutory limit. He reapplied in May 1985 and the case was referred to the social welfare officer for investigation of his means. The inquiries are not yet completed because the person concerned has not supplied bank statements requested from him. When the relevant information is supplied his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.

64.

asked the Minister for Social Welfare the reason a person (details supplied) in County Dublin who has been three years on disability benefit and two years on long duration certificates, was refused an invalidity pension on the basis that he had not proved permanent inability to work; and if she will confirm that this matter is reviewed urgently.

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 19 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.

65.

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

Following reinvestigation of her unemployment assistance claim, the means of the person concerned were assessed at £48.05 weekly, derived from profit from her holding. Her means exceeded the maximum rate of unemployment assistance payable to her and, accordingly, her claim was disallowed.

She recently appealed against the disallowance but an appeals officer also assessed her means at £48.05 weekly. She was notified of the appeals officer's decision.

66.

asked the Minister for Social Welfare the reason for the delay in the payment of disability benefit to a person (details supplied) in County Louth; and when payment will be made.

The person concerned last claimed disability benefit from 9 February 1984 and all benefit payable was issued to 9 February 1985.

She has forwarded a claim form for disability benefit which was received in the Department on 24 January 1986. However, no supporting medical evidence has yet been received. The claimant has been asked to forward medical evidence covering her period of incapacity for work. On receipt of this information her claim will be reviewed.

67.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is not in receipt of a living alone allowance.

The person concerned has been in receipt of a retirement pension since 4 October 1984. His claim for a living alone allowance was received on 16 December 1985 and he has been awarded the allowance with effect from 19 December 1985, that is, the Thursday following receipt of his claim. A supplementary book containing orders payable from Thursday, 13 March 1986 has been issued to him. The arrears from 19 December 1985 to 12 March 1986 will be issued by payable order within the next few days.

68.

asked the Minister for Social Welfare if she will expediate sickness benefit due to a person (details supplied) in County Roscommon.

The person concerned claimed disability benefit from 14 January 1986. He submitted only one medical certificate indicating that he was incapable of work. Further medical evidence is necessary to establish the duration of incapacity before any payment can be made. He subsequently submitted another claim for disability benefit and indicated that he was incapable of work from 28 January 1986 but again submitted no further medical evidence.

He has been requested to submit medical evidence together with a statement from his employer covering the entire period of his incapacity. When this information comes to hand his claim will be dealt with without delay.

69.

asked the Minister for Social Welfare if she will expedite sickness benefit due to a person (details supplied) in County Roscommon.

All arrears of benefit payable to the person concerned were issued to him on 11 March 1986.

70.

asked the Minister for Social Welfare if she will expedite approval of unemployment assistance for a person (details supplied) in County Galway.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for employment. When the person concerned claimed unemployment benefit on 20 January 1986 he stated that he was not available for employment due to domestic circumstances and consequently his claim was disallowed.

He recently appealed against the disallowance and his case has been submitted to an appeals officer for determination, at the earliest available opportunity. The entitlement of the person concerned to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

71.

asked the Minister for Social Welfare if she will expedite the replacement of a children's allowance book for a person (details supplied) in County Roscommon.

There is no trace of the receipt in the Department of any communication from the person concerned in this matter. In the light of the Deputy's question, she has been requested to furnish further information and, on receipt of her reply, the appropriate action will be taken without delay.

72.

asked the Minister for Social Welfare the cause of the long delay in calling a person (details supplied) in County Kerry for an oral hearing of his appeal against the decision to grant him only £55 per week unemployment assistance; in view of the fact that he is married with three children and has only seven cows now; and if she will make a statement on the matter.

The person concerned applied for a review of his means in January 1986 and his papers were referred to a social welfare officer for investigation of his means. 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 determined accordingly. If dissatisfied with the means assessment it will be open to him to appeal and request an oral hearing.

The person concerned is at present in receipt of unemployment assistance of £55.80 weekly, being the appropriate maximum rate payable in his case of £84.65 less means of £28.85. Further weekly payments will continue to be made as they become due.

73.

asked the Minister for Social Welfare if she will arrange to pay arrears of disability benefit and restore payment to a person (details supplied) in County Cork in view of her very serious illnesses.

The person concerned was paid disability benefit to 30 June 1984, 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 and arrangements were made to have her examined by a different medical referee on the following dates: 18 April 1985, 19 September 1985, 17 October 1985 and 19 December 1985. She was unable to attend on any of these dates. Her appeal cannot be decided until a further examination by a different medical referee takes place. Accordingly, arrangements are again being made to have her examined by a medical referee at the earliest possible opportunity and her entitlement to benefit will be reviewed in the light of his report.

74.

asked the Minister for Social Welfare the reason unemployment benefit was refused to a person (details supplied) in County Wexford; and if she will arrange to have the claim reinvestigated.

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

The person concerned claimed unemployment benefit on 3 January 1986 but her claim was disallowed on the grounds that she was not available for employment. She recently appealed against the disallowance and arrangements are being made to have her case submitted to an appeals officer for determination.

Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

75.

asked the Minister for Social Welfare the reason unemployment assistance was not paid to a person (details supplied) in County Wexford.

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 supply full particulars of all capital held or invested by him. It is open to him to appeal against the disallowance. A form for this purpose may be obtained at his local office.

76.

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

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £19.20 weekly, derived from the benefit of board and lodging on his mother's holding. He is, accordingly, entitled to unemployment assistance of £14.60 weekly, being the appropriate maximum rate of £33.80, less means of £19.20. Arrangements have been made with his local office to pay all arrears due, this week. Weekly payments of £14.60 will continue to be made as they become due.

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