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Dáil Éireann debate -
Tuesday, 15 Apr 1986

Vol. 365 No. 4

Written Answers. - Social Welfare Benefits.

148.

asked the Minister for Social Welfare the present position in regard to the unemployment assistance claim of a person (details supplied) in County Offaly; and if this person is in receipt of the correct rate of allowance.

Following investigation of his unemployment assistance claim, the means of the person concerned were assessed at £60 weekly, derived from income from self-employment. He is, accordingly, in receipt of unemployment assistance at £19.50 weekly, being the appropriate maximum rate payable in his case of £79.50 less means of £60.

The person concerned may be entitled to an increased rate of payment as it is noted that he has claimed only in respect of three dependent children while it appears that he has four children. He will be advised by his local office this week, to complete the appropriate form in respect of his fourth child.

149.

asked the Minister for Social Welfare the reasons unemployment assistance at the maximum amount is not being paid to a person (details supplied) in County Galway; if she will now make an immediate payment to this person; the date that this payment, including arrears, will be made; the amount of each; and if she will make a statement on the matter.

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 the value of capital, exceeded the statutory limit. He appealed against the disallowance and an oral appeal hearing of his case was held on 2 April 1986. Following the hearing the appeals officer also decided that his means exceeded the statutory limit and he is not, accordingly, entitled to unemployment assistance. The person concerned will be notified of the decision this week.

150.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Meath who is signing at Trim employment exchange.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £30.20 weekly, derived from the income from a shop and from the value of capital. He is, accordingly, entitled to unemployment assistance of £28.15 weekly, being the appropriate maximum rate payable in his case of £58.35 less means of £30.20. All arrears due were paid last week and weekly payments of £28.15 will continue to be made as they become due.

151.

asked the Minister for Social Welfare if any decision has yet been made on the second application by a person (details supplied) in County Laois for unemployment assistance, where the applicant's means were assessed by a social welfare officer on 13 February last.

An earlier 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 the case on 22 November 1985, an appeals officer also decided that his means exceeded the statutory limit.

He again claimed unemployment assistance on 20 January 1986 and was interviewed by the social welfare officer on 13 February 1986. The person concerned has been requested to furnish a statement from the creamery and on receipt of same the social welfare officer will complete his report. The entitlement of the person concerned to unemployment assistance will then be determined in the light of the means assessed against him.

152.

asked the Minister for Social Welfare if she will confirm that a person (details supplied) in County Kilkenny is in receipt of the correct amount of disability benefit.

The person concerned claimed disability benefit from 13 January 1986. He is entitled to payment at the weekly rate of £85, the maximum amount payable to a married man with two children. However, he was advanced £72.25 from the South-Eastern Health Board for the period from 20 to 25 January 1986 and ten weekly deductions of £7.22 are being made from his disability benefit entitlement in order to reimburse the health board.

Recovery will be completed on 28 April 1986 when payment of disability benefit will be restored to £85 per week. He is not entitled to pay-related benefit in addition to disability benefit as he has insufficient earnings to qualify him for payment.

153.

asked the Minister for Social Welfare when a decision will be made on an application for unemployment assistance by 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 self-employment and the value of board and lodging on his brother's holding, exceeded the maximum rate payable in his case. He appealed against the amount of means assessed against him but an appeals officer also decided that his means exceeded the maximum rate payable in his case. If the person concerned considers that his circumstances have changed it is open to him to apply for a review of his means. A form for this purpose may be obtained from his local office.

154.

asked the Minister for Social Welfare when a decision will be made on an application for unemployment assistance for a person (details supplied) in County Galway.

Following a reinvestigation in July 1985, the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from self-employment and from the profit from his holding, exceeded the statutory limit. He appealed against the disallowance and an appeals officer also decided that his means exceeded the statutory limit. If the person concerned considers that his means have changed since the last investigation, it is open to him to apply to have them reviewed. A form for this purpose may be obtained from his local office.

155.

asked the Minister for Social Welfare when a decision will be made on an application for unemployment assistance for a person (details supplied) in County Galway.

Following reinvestigation, the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the value of board and lodging on his father's holding, exceeded the maximum rate payable in his case.

He appealed against the disallowance and an appeals officer also decided that his means exceeded the maximum rate payable in his case. He was informed of the appeals officer's decision on 5 March 1986. If the person concerned considers that his circumstances have changed it is open to him to apply for a review of his means. A form for this purpose may be obtained from his local office.

156.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is receiving only £82.60 retirement pension as he considers his entitlement should be greater.

The person concerned is in receipt of retirement pension since 17 May 1984. The rate of £82.60 per week is the current rate appropriate to his yearly average of 37 reckonable contributions over the period from 5 January 1953 to 5 April 1984. He had a total of 1,152 contributions in this period. A yearly average of at least 48 reckonable contributions is required to qualify for the pension at the maximum rate which is £84.20 per week in the case of a pensioner with an adult dependant under age 66. He is also in receipt of a British retirement pension.

157.

asked the Minister for Social Welfare if, in view of more recent evidence available, unemployment assistance can now be paid to a person (details supplied) in Dublin 13; and when the first payment will issue.

Following the recent reinvestigation of the unemployment assistance claim of the person concerned he was assessed with nil means, effective from 4 July 1985. He is, accordingly, entitled to unemployment assistance at the maximum appropriate rate of £67.05 weekly. Arrangements have been made with his local office to commence payment this week and further weekly payments will continue to be made as they become due. It is understood that the person concerned was in receipt of supplementary welfare allowance pending a decision on his claim and when the amount to be recouped to the health board has been ascertained, the balance of the arrears of unemployment assistance will be paid to him.

158.

Mr. Cowen

asked the Minister for Social Welfare if she will allow a person (details supplied) in County Offaly to resume unemployment benefit instead of unemployment assistance, in view of the fact that he has the necessary contributions paid.

Under section 115 of the Social Welfare (Consolidation) Act, 1981, a person convicted of an offence in relation to unemployment benefit shall be disqualified for the receipt of unemployment benefit for a period of six months immediately following the date of the conviction.

The person concerned was convicted of an offence under section 115 of the Social Welfare (Consolidation) Act, 1981, in respect of charges relating to five specified days during the period from 18 July 1984 to 24 July 1984 when he signed the unemployed register when he was in fact working. In addition to being fined in respect of the offence, he was disqualified from receiving unemployment benefit for a period of six months from 23 January 1986 which is the day immediately following the date of his conviction. Accordingly, he cannot receive unemployment benefit until the six month period has expired.

In the meantime, if he has insufficient means to meet his needs, he may apply to his local health board for payment of supplementary welfare allowance.

159.

Mr. Cowen

asked the Minister for Social Welfare when an application for a contributory old age pension made by a person (details supplied) in County Offaly will be finalised and a pension book issued to him.

The person concerned reached age 66 on 9 December 1985 and claimed a contributory old age pension on 25 February 1986. He has been awarded the pension at the rate appropriate to his yearly average of 41 contributions with effect from 13 December 1985.

A contributory old age pension book containing orders payable at the appropriate rate from 4 April 1986 has been issued to the designated post office for collection by him and he has been notified accordingly. Arrears of contributory old age pension from 13 December 1985 to 3 April 1986 will be issued direct to him by payable order within the next few days.

160.

Mr. Cowen

asked the Minister for Social Welfare when an application for an invalidity pension made by a person (details supplied) in County Offaly will be processed with a view to issuing payment, in view of the fact that he was seen by the board of referees over eight weeks ago.

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 12 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.

161.

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

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for full time employment. The person concerned claimed unemployment benefit from 23 October 1985 and on the basis of the information available, his claim was disallowed by a deciding officer on the grounds that he was not available for full time employment.

He appealed against the disallowance and following an oral hearing of his case on 13 January 1986, the appeals officer also decided that he was not available for employment. He was notified of this decision on 15 January 1986. The person concerned ceased to sign as unemployed after 15 January 1986.

162.

asked the Minister for Social Welfare the reason arrears of children's allowance payments for two years have not been paid to a person (details supplied) in County Louth; and when payment will now be made.

Children's allowance was overpaid when the allowance for seven children continued to be cashed after six of them had left the State. The person concerned was invited to claim for the remaining child then living with him but there is no record of the receipt of a completed application from him.

The information now available suggests that this child is not living with the person concerned for some time. If, however, he submits a claim for the period the child was residing with him, his entitlement will be considered and he will be notified of the outcome.

162.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford was not entitled to pay-related benefit, and if this matter will be reconsidered.

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 unemployment benefit and income tax rebate may not exceed 85 per cent of the net average weekly earnings of a claimant.

The person concerned claimed unemployment benefit on 3 March 1986 and payment was made at the weekly rate of £74.50, being the maximum flat rate unemployment benefit payable to a married man with one child dependant. The 85 per cent limit applicable in his case was calculated at £69.55 weekly, and as the rate of flat rate unemployment benefit exceeded this figure, no pay-related benefit was payable. Further weekly payments of unemployment benefit at £74.50, will continue to be made as they become due.

164.

asked the Minister for Social Welfare the reason disability benefit was terminated in the case of a person (details supplied) in County Kildare despite the fact that her doctor at that time was adamant that she was unfit for work; and if she will make a statement on the matter.

Payment of disability benefit to the person concerned was disallowed from 6 February 1986 following an examination by a medical referee who expressed the opinion that she was capable of work. She appealed against the decision to disallow payment and arrangements are being made to have her examined by a different medical referee on 24 April 1986.

Her entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

165.

asked the Minister for Social Welfare when an old age pension or a widow's pension will be paid to a person (details supplied) in County Kildare who fails to qualify for a contributory pension, but who may qualify for a non-contributory pension.

The claim of the person concerned to a widow's pension is being examined at present. Title to contributory pension is dependent on her insurance record in the 1984-85 contribution year. She has been asked to supply details of her employment in this year but a reply has not been received to date.

In addition, the local social welfare officer has been asked to investigate her possible entitlement to non-contributory pension. In this connection the social welfare officer is awaiting certain details concerning her late husband's estate from her solicitor. As soon as the necessary information is to hand, a decision will be given and she will be notified of the outcome.

166.

asked the Minister for Social Welfare if she will reinvestigate the claim for unemployment assistance of a person (details supplied) in County Kilkenny who is in receipt of a reduced amount and who has no other income.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £61.50 weekly, derived from self-employment as a carpenter. He is, accordingly, in receipt of unemployment assistance of £38.30 weekly, being the appropriate maximum rate payable in his case of £99.80 less means of £61.50.

He appealed against the amount of means assessed against him and an appeals officer on 3 February 1986 also assessed him with means of £61.50 weekly. Arrangements have now been made with his local office to have his claim referred to a social welfare officer for reinvestigation and the rate of unemployment assistance payable will be reviewed in the light of the outcome of the inquiries.

167.

asked the Minister for Social Welfare when a decision will be reached on the application of a person (details supplied) in County Kilkenny for unemployment assistance in 1985 who has been signing on since his application.

Following investigation of the unemployment assistance claim of the person concerned, he was assessed with means of £30.75 weekly, derived from the value of board and lodgings on his father's holding. He appealed against the amount of means assessed against him but an appeals officer, on 22 November 1985, also assessed him with means of £30.75. The person concerned was notified of the decision.

He is, accordingly, in receipt of £3.05 weekly, being the appropriate maximum rate payable in his case of £33.80 less means of £30.75. If the person concerned considers that his circumstances have changed it is open to him to apply for a review of his means. A form for this purpose may be obtained from his local office.

168.

asked the Minister for Social Welfare the reason a person (details supplied) in County Westmeath has not been considered for insurable employment purposes.

The person concerned was employed for one week from 19 to 26 November 1984 by his brother-in-law as a farm labourer on the farm where they both resided.

Investigation of the employment showed that a genuine employer-employee relationship, where the employer has the right of control, direction and dismissal over the employee, did not exist in this case and a deciding officer held that the employment was therefore not insurable under the Social Welfare Acts. The person concerned has been notified accordingly and of his right to have his case reviewed by an appeals officer. To date however he has not indicated that he wishes to appeal.

169.

asked the Minister for Social Welfare when a decision on the unemployment assistance application made in November 1985, will be reached for a person (details supplied) in County Kilkenny.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £19.20 weekly, derived from the value of board and lodging on his parents holding. He is, accordingly, entitled to unemployment assistance of £12.55 weekly, being the appropriate maximum rate payable in his case, of £31.75 less means of £19.20.

All arrears due were paid to the person concerned on 25 March 1986 and weekly payments will continue to be made as they become due.

170.

asked the Minister for Social Welfare the reason a person (details supplied) in County Westmeath is receiving such a low rate of unemployment benefit; and if she will arrange to have an immediate investigation of his case.

The person concerned was in receipt of unemployment benefit up to 6 February 1986 when he had drawn his maximum entitlement of 390 days benefit. To requalify for unemployment benefit he requires at least a further 13 weeks contributions paid at the appropriate class providing cover against unemployment. He claimed unemployment assistance from 7 February 1986 and following investigation of his claim, he was assessed with means of £33 weekly, derived from the letting value of his land. He is, accordingly, in receipt of unemployment assistance of 80p weekly, being the appropriate maximum rate of £33.80 less means of £33. If the person concerned 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.

171.

asked the Minister for Social Welfare if she will investigate the case of a person (details supplied) in Dublin 5 who was deemed eligible for disability benefit at the rate of £45.12 for the period 8 November 1984 to 14 November 1984 and who is adamant that she never received the original cheque but acknowledged receipt of replacement cheque; if she will now accept that this person genuinely represented the facts of the case; and if she will make a statement on the matter.

The matter has been referred for urgent investigation by an inspector of the Department and the position will be further reviewed in the light of the inspector's report.

172.

asked the Minister for Social Welfare when an increased pension will be payable to a person (details supplied) in County Galway.

The person concerned is currently in receipt of old age pension at the weekly rate of £39.40 which includes £3.40 living alone allowance. This is the rate to which he is entitled having regard to the last assessment of his means, consisting of the weekly value of retained land and capital. The case has been referred to the social welfare officer for further investigation. On completion of inquiries, it will be referred for decision. The person concerned will be notified of the outcome.

173.

asked the Minister for Social Welfare when a decision will be made on an application for an increased old age pension made by a person (details supplied) in County Galway.

It has been decided by a deciding officer that the person concerned is not entitled to an old age pension from 28 February 1986 as he does not fulfil the statutory condition as to means. The assessment of his means consisting of half the weekly value of capital and a holding — the transfer of which has not been accepted for old age pension purposes — exceed the statutory limit for entitlement to pension. The person concerned has lodged an appeal against this decision and the case has been referred to an appeals officer for determination. The person concerned will be notified of the outcome when a decision is made.

174.

asked the Minister for Social Welfare the reason a free electricity allowance was withdrawn from a person (details supplied) in County Galway.

To be eligible for a free electricity allowance a person must either be living alone or only with certain excepted categories of persons. The allowance was withdrawn from the person concerned as her son, with whom she resides, is in receipt of unemployment assistance and does not therefore come within the excepted categories for satisfying the living alone condition of the scheme.

175.

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

The person concerned claimed disability benefit from 24 February 1986, and is currently being paid at the weekly rate of £39.50 the maximum rate appropriate to a single man. A delay occured in issuing payment due to an administrative error. However, all benefit payable has now been issued up to 24 March 1986 the date of the latest medical evidence received.

176.

asked the Minister for Social Welfare when a decision will be made on an application for a prescribed relative allowance for a person (details supplied) in County Galway.

To qualify for a prescribed relative allowance a pensioner must be receiving fulltime care and attention from a prescribed relative who is residing with him for that purpose. A prescribed relative allowance has been refused in this case on the grounds that the prescribed relative, who farms a holding, is not considered to be in a position to provide fulltime care and attention. An appeal against the decision given in this case has been referred to an appeals officer for determination. The person concerned will be notified of the outcome as soon as possible.

177.

asked the Minister for Social Welfare if an oral hearing will be arranged, as a matter of urgency, for a person (details supplied) in County Wexford, for the determination of his appeal in relation to disability benefit, as the applicant continues to be certified as ill by his doctor and during the past 18 months had a heart operation which renders him as unsuitable for work; and if she will make a statement on the present position of his application.

The person concerned was paid disability benefit to 2 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 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 in the near future. He will be informed of the venue and time of this hearing when arrangements have been completed.

178.

asked the Minister for Social Welfare the number of persons who are at present receiving the unmarried mother's allowance; the equivalent figures for each of the years from 1981 to 1985, inclusive; the highest amount being paid to a claimant; and the number of children being claimed for in that case.

At the end of February 1986, there were 11,812 women in receipt of an unmarried mother's allowance.

The position for the period 1981 to 1985 was as follows:

Year

Recipients

End of 1981

6,222

1982

7,592

1983

8,534

1984

10,309

1985

11,530

At the end of February 1986, the highest amount being paid to an unmarried mother was £156.80 in respect of ten children.

179.

asked the Minister for Social Welfare the number of people at present claiming disability benefit; and the number of such claims in excess of ten weeks.

In mid-February 1986 there were 77,762 people in receipt of disability benefit. Of these, 56,675 people were in receipt of disability benefit for a period exceeding ten weeks.

180.

asked the Minister for a Social Welfare the number of people at present receiving deserted wife's benefit and deserted wife's allowances.

The position at the end of February 1986 was as follows:

(1)

(2)

(1) + (2)

Scheme

Recipients

Children

Beneficiaries

Deserted Wife's Allowance

4,001

6,295

10,296

Deserted Wife's Benefit

5,279

9,668

14,947

Total

9,280

15,963

25,243

181.

asked the Minister for Social Welfare the number of appeals officers employed by her for the investigation of appeals for (1) unemployment claims, (2) disability benefit claims, (3) deserted wife's claims and (4) old age pension claims.

There are at present 14 appeals officers employed at the Department consisting of a chief appeals officer, a deputy chief appeals officer, nine permanent appeals officers and three temporary appeals officers.

These officers are not assigned to specific schemes but deal with appeals arising in connection with any of the services administered by the Department.

182.

asked the Minister for Social Welfare the reason for the undue delay in paying a retirement pension to a person (details supplied) in County Kerry.

The person concerned submitted a claim for retirement pension to the Department on 11 September 1985.

One of the conditions for receipt of retirement pension under the Social Welfare Acts requires a person to have retired from insurable employment. The Department were informed by his employer that he would not retire from employment until December 1986. The claim was withdrawn and he was notified accordingly. There was no further communication from him.

On receipt of the Deputy's question the employer was contacted and said that the claimant was now unemployed. The work was of a seasonal nature only. In the circumstances he has been awarded retirement pension with effect from 26 December 1985, that is the Thursday following his 65th birthday. The pension will continue to be paid to him while he does not engage in insurable employment up to the age 66. The retirement from employment condition ceases to apply at that age.

A retirement pension book containing orders payable at the appropriate rate from 17 April 1986 is being issued to the designated post office for collection by him and he has been notified accordingly.

Arrears of retirement pension from 26 December 1985 to 16 April 1986, less unemployment assistance paid in that period, will be issued to him by payable order as soon as possible.

183.

asked the Minister for Social Welfare if unemployment benefit payments will be issued to a person (details supplied) in County Wexford further to his recent appeal as he is available for work.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for full-time employment. When the person concerned claimed unemployment benefit on 3 February 1986 he stated that he was available for part-time work only and consequently his claim was disallowed.

He appealed on 7 April 1986 against the disallowance and arrangements have been made to have his case determined by an appeals officer, at the earliest available opportunity. He will be informed of the outcome of the appeal and of his entitlement to unemployment benefit as quickly as possible.

184.

asked the Minister for Social Welfare if all arrears of disability benefit will be paid to a person (details supplied) in County Wexford; if so, when; and if full details of his payments will be sent to him.

The person concerned claimed disability benefit from 9 December 1985 and is currently being paid at the weekly rate of £102.40, the maximum rate appropriate to a married man with four dependent children.

Payment is issued at regular weekly intervals on receipt of medical evidence and all benefit payable has been issued to date. There are no arrears of benefit due to the person concerned.

A list of all of the payments which have issued on this claim has been sent to the person concerned.

Question No. 185 withdrawn.

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