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Dáil Éireann debate -
Thursday, 13 Mar 1986

Vol. 364 No. 9

Written Answers. - Social Welfare Benefits.

43.

asked the Minister for Social Welfare the reason payment of disability benefit has been discontinued to a person (details supplied) in County Kilkenny; and if she will arrange to have the case reinvestigated with a view to having this benefit restored.

Payment of disability benefit to the person concerned was disallowed from 24 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.

44.

asked the Minister for Social Welfare if she will now arrange to have unemployment benefit paid to a person (details supplied) in County Kilkenny whose appeal was recently heard, who is available for work and should be entitled to this 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 20 November 1985 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 attended an oral hearing of her case on 25 February 1986. The appeals officer allowed her appeal and all arrears of unemployment benefit due from the date of her claim issued to her on 5 March 1986. Following the completion of inquiries, her entitlement to pay-related benefit has been established at £21.10 weekly and all arrears of pay-related benefit have now been issued to her. Combined weekly payments of £55.80 will be made as they become due.

45.

asked the Minister for Social Welfare if a decision has been made on an oral hearing appeal for a person (details supplied) in County Galway.

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, but following an oral hearing of his appeal on 25 February 1986 an appeals officer also decided that his means exceeded the statutory limit. The person concerned has been notified of the appeals officer's decision.

46.

asked the Minister for Social Welfare if she will investigate the claim for disablement benefit following an accident and subsequent dismissal from work in the case of a person (details supplied) in Dublin 11.

The person concerned was paid disablement benefit at the rate appropriate to 20 per cent disablement from 12 July 1985 resulting from an accident at work. He was also paid an increase of pension by way of unemployability supplement.

Following an examination by a medical referee of the Department on 9 January 1986 the extent of his disablement was reassessed at 8 per cent from 24 January for a period of seven months and it was also decided that he was no longer incapable of work. A cheque for the appropriate amount of gratuity was issued on 23 January and further unemployability supplement was disallowed. The beneficiary appealed against the decision and arrangements have been made for his further medical review on 21 March.

47.

asked the Minister for Social Welfare the reason for the refusal to pay unemployment assistance to a person (details supplied) in County Limerick; when this will be paid; and if she will make a statement on the matter.

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 applied for unemployment assistance on 1 July 1985 and her claim was referred to a social welfare officer for investigation of her means. She was not, however, available for interview when the social welfare officer called to her home. It is understood that she had left the State and consequently no further action could be taken on her application. If she is now available for interview she should inform her local office and arrangements will then be made to have her means investigated and assessed, and her entitlement to unemployment assistance determined accordingly, for the period 1 July 1985 to 2 August 1985 when she ceased to sign as unemployed. It is understood that the person concerned was in receipt of supplementary welfare allowance pending a decision on her claim.

48.

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

The person concerned was paid disablement benefit in respect of the period from 3 May 1974 to 21 August 1975 resulting from an accident at work on 23 May 1973. The claim was disallowed from 22 August 1975 following a medical examination which revealed no further loss of faculty. Following receipt of a fresh medical report the case was reviewed on 21 August 1985 and the extent of his disablement was assessed at 10 per cent for life. He accepted payment by pension rather than gratuity and payment has been made to date from 23 August 1985. It has been decided to backdate the award from 1 March 1985, three months before the submission of the fresh evidence and payment of the additional benefit is being made. His last claim for disability benefit was in respect of the period from 15 February 1986 to 1 March for which all payments issued without delay.

49.

asked the Minister for Social Welfare if she will expedite approval of payment of 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 profit from his holding, exceeded the statutory limit, in his case. He appealed against this decision but an appeals officer also decided that his means exceeded the statutory limit. He last signed the unemployment register on 26 November 1985.

However, following the receipt of further information regarding his case the matter was referred to a social welfare officer for further investigation. These inquiries have recently been completed and the case has been referred to an appeals officer for consideration, at the earliest available opportunity, as to whether there is evidence which would warrant a revision of the previous decision in this case. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

50.

Mr. Cowen

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Offaly who applied on 30 January 1986.

The person concerned claimed disability benefit from 29 January 1986. Payment of benefit was not authorised, however, as according to the records of the Department he has no contributions paid or credited in 1984-85, the contribution year governing his claim. He has been requested to forward details of any contributions he might have had in that year and when this information comes to hand his entitlement to disability benefit will be reviewed.

51.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork was not considered to be insurably employed in County Tipperary for the period from 19 October 1985 to 2 November 1985; and if she will give a positive decision on her appeal.

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.

The person concerned was employed for two weeks from 19 October 1985 to 2 November 1985 on relief work as a hairdresser in her mother's business while her mother was on holidays. Inquiries into the employment indicated that an employer-employee relationship did not exist. A deciding officer accordingly held that the employment was not under a contract of service and not insurable under the Social Welfare Acts. The person concerned appealed against the decision and her case has been referred to an appeals officer for determination.

52.

asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Louth against the disallowance of disability benefit will be decided on.

The person concerned was paid disability benefit to 9 January 1986 after which date benefit 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 his case was reexamined in the light of his subsequent hospitalisation. It was decided that payment should be restored from the date of disallowance. Accordingly, benefit has been restored from 10 January 1986 and any arrears payable will be issued shortly.

53.

asked the Minister for Social Welfare when unemployment assistance payments will be issued to a person (details supplied) in County Wexford; the reason for the delay in issuing payment; if he is entitled to free butter, milk, footwear vouchers; and if she agrees that unemployment assistance payments are not adequate to deal with the problems of widowers.

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 applied for unemployment assistance on 4 February 1986 and his claim was then referred to a social welfare officer for investigation of his means. The inquiries were recently completed and his means have been assessed at nil, with effect from 4 February 1986. He is, accordingly, entitled to unemployment assistance at the maximum weekly rate, appropriate in his case, of £68.30. Weekly payments will commence this week, with butter vouchers to which he is entitled, and when the amount of supplementary welfare allowance advanced to him by his local health board has been ascertained, the remainder of arrears of unemployment assistance due will be paid.

The footwear and milk schemes are operated by the health boards and if the person concerned wishes to apply under these schemes, he should contact the community welfare officer at his local health centre.

The structure and adequacy of social welfare benefits has been under consideration by the Commission on Social Welfare whose report is expected in the next month or so. The adequacy of the social welfare system will be reviewed in the light of the report of the commission.

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