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Dáil Éireann debate -
Tuesday, 22 Apr 1986

Vol. 365 No. 7

Written Answers. - Social Welfare Benefits.

92.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford is receiving her full entitlement in relation to unemployment and pay-related benefit; and if she will clarify the matter.

The person concerned claimed unemployment benefit on 10 February 1986 and her claim was authorised at £34.70 weekly, which is the maximum flat rate unemployment benefit applicable in her case. In addition, she is in receipt of 39p per week pay-related benefit which is her full entitlement based on her earnings in the governing contribution period 6 April 1984 to 5 April 1985. She is, accordingly, in receipt of the rates of unemployment benefit and pay-related benefit to which she is entitled and further weekly payments will continue to be made as they become due.

93.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford who is in part time employment has been refused unemployment benefit payments with full PRSI deductions being made; when she will resume benefit on her current record of contributions; and the contributions required for benefit purposes.

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 was in receipt of unemployment benefit until 8 January 1986 on foot of class A1 contributions paid on her behalf during the contribution period governing entitlement on her claim.

Following inquiries, however, it was decided that her employment, which was of less than 18 hours per week from 6 April 1979, was employment of inconsiderable extent, and was insurable at Class J contribution rate, which does not provide cover against unemployment. Payment on her claim for unemployment benefit ceased from 9 January 1986. It is understood that the person concerned is not working for 21 hours each week and accordingly, this employment is insurable at Class A rate of contribution, which will provide cover for unemployment benefit from January 1988.

94.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford who is in part-time employment, has been refused unemployment benefit payments with full PRSI deductions being made; when she will resume benefit on her current record of contributions; and the contributions required for benefit purposes.

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 was in receipt of unemployment benefit until 14 January 1986 on foot of Class A1 contributions paid on her behalf during the contribution period governing entitlement on her claim.

Following inquiries however, it was decided that her employment from 6 April 1979, which was of less than 18 hours per week, was employment of inconsiderable extent and was insurable at Class J contribution rate, which does not provide cover against unemployment. Payment on her claim for unemployment benefit ceased from 15 January 1986. It is understood that the person concerned is now working for 21 hours each week and, accordingly, this employment is insurable at Class A rate of contributions, which will provide cover for unemployment benefit from January 1988.

95.

asked the Minister for Social Welfare if a person (details supplied) in Dublin 6, currently in receipt of unemployment benefit is entitled to pay-related benefit, and, if not, the reason.

Entitlement to pay-related benefit with flat rate unemployment benefit is based on reckonable earnings from insurable employment in the relevant income tax year.

The person concerned claimed unemployment benefit on 27 January 1986 and the period which governs his entitlement to pay-related benefit is the tax year 6 April 1984 to 5 April 1985. According to the Department's records, he had no reckonable earnings in this period and, accordingly, he is not entitled to pay-related benefit. Weekly payments of flat rate unemployment benefit at the appropriate maximum rate of £39.50 weekly will continue to be made as they become due.

96.

asked the Minister for Social Welfare when a person (details supplied) in County Monaghan will receive disability benefit.

The person concerned claimed disability benefit from 25 January 1986. She is not entitled to benefit as according to the records of the Department she has no contributions paid or credited in 1984-85, the contribution year governing her claim. The claimant was requested to furnish evidence of insurable employment during the contribution year 1984-85. When this information is received her entitlement to disability benefit will be reviewed.

97.

asked the Minister for Social Welfare when the claim for unemployment assistance by a person (details supplied) in County Offaly will be finalised.

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 brother's holding, and from the value of capital, exceeded the maximum rate payable in his case. He appealed against the disallowance and an appeals officer on 9 April 1986 assessed him with means of £25.30 weekly.

He is, accordingly, entitled to unemployment assistance of £8.50 weekly, being the appropriate maximum rate payable in his case of £33.80 less means of £25.30. Arrangements have been made with his local office to pay all arrears due this week. Weekly payments will then continue to be made as they become due.

98.

(Limerick West) asked the Minister for Social Welfare the reason unemployment assistance is not being paid to a person (details supplied) in County Limerick.

Following a review, the unemployment assistance claim of the person concerned was disallowed from 8 January 1986 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 co-operate with the social welfare officer in the investigation of his activities in the cutting and selling of timber and he also refused to supply details of any bank accounts held by him. He was notified of the disallowance in December 1985.

He applied for a further review of his means and following inquiries his claim was again disallowed on the grounds of his non co-operation in the disclosure of his means. The person concerned has not appealed against the disallowance of his claim and it is open to him to do so. A form for this purpose may be obtained at his local office.

99.

asked the Minister for Social Welfare the reason an invalidity pension has not yet been granted to a person (details supplied) in County Tipperary; and when this will be granted as he has been on disability benefit for five years and he is severely crippled with arthritis of his spine.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. Arrangements are being made to have the person concerned examined on 9 May 1986 by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

100.

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

The person concerned claimed disability benefit from 30 July 1985 to 30 August 1985. He was paid at the maximum weekly rate payable to a single man. It has now been established that he was entitled to payment of benefit at the maximum weekly rate payable to a married man with one dependent child. An adjustment cheque was issued to him on 21 April 1986. He again claimed benefit from 19 February 1986 to 1 March 1986. Benefit issued from 22 February 1986, fourth day of incapacity, at the weekly rate of £74.50, the maximum rate payable to a married man with one dependent child. All benefit payable to the person concerned has now been issued.

101.

asked the Minister for Social Welfare the reason for the delay in the appeal by a person (details supplied) in County Clare against a decision not to pay her the maximum social welfare contribution rate; when this appeal will be heard; and if she will make a statement on the matter.

The person concerned was paid unemployment benefit for the maximum period of 312 days. She cannot requalify for payment until she has had 13 weeks of employment which is insurable at a contribution class which provides cover against unemployment.

In this regard, the person concerned submitted particulars of her part time employment from 7 June 1984 to 21 September 1984 for which Class J contribution had been paid, for decision by the Department on the appropriate PRSI contribution applicable. Inquiries into the insurability of the employment indicated that she was not mainly dependent on the employment which was for less than 18 hours a week.

The relevant regulations relating to part time employment provide that where employment is for less than 18 hours a week and the person is not mainly dependent for his/her livelihood on the remuneration received, the employment is insurable at the Class J rate of contribution. This class of contribution gives cover for occupational injury benefits only and cannot be reckoned for payment of unemployment benefit. A deciding officer held that the person concerned was not mainly dependent on the earnings from her part time employment and decided that the employment involved was properly insurable at the Class J rate of contribution. Her appeal against this decision was submitted to an appeals officer and it is expected that it will be dealt with shortly.

102.

asked the Minister for Social Welfare the reason for the very low rate of social welfare which a person (details supplied) in County Westmeath is now receiving as he is no longer living with his relations but living alone and in receipt of only £12.20 per week since October 1985; and if this case can be reviewed immediately.

Following investigation of his unemployment assistance claim, the means of the person concerned were assessed at £21.50 weekly, derived from the value of board and lodgings on his brother's holding. He is, accordingly, entitled to unemployment assistance at £12.30 weekly, being the appropriate maximum rate payable in his case of £33.80 less means of £21.50.

He applied recently for a review of his means, and notified the local office of a change of address. His case was referred to a social welfare officer for reinvestigation and it is anticipated that the inquiries will be completed within two weeks. The means of the person concerned will then be re-assessed in the light of the outcome of the investigation and the rate of unemployment assistance payable, determined accordingly. Further weekly payments will continue to be made as they become due.

103.

asked the Minister for Social Welfare when a person (details supplied) in County Offaly will be granted unemployment assistance for which he applied six months ago.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish details of his means he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance and the case was referred to an appeals officer for determination. The appeals officer, however, required further information which necessitated the return of the papers to the social welfare officer. These inquiries, which proved to be very protracted, were completed recently and his case will be determined by an appeals officer at the earliest available opportunity. The person concerned will be informed of the outcome of the appeal and of the decision on his entitlement to unemployment assistance as quickly as possible. It is understood that the person concerned is in receipt of supplementary welfare allowance.

104.

asked the Minister for Social Welfare when a decision will be made in the case of a person (details supplied) in County Monaghan who has appealed against a decision disallowing him unemployment assistance.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish details of his means he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance and an appeals officer on 4 April 1986, also decided that he had failed to furnish details of his means. The person concerned was informed of the appeals officer's decision on 15 April 1986.

105.

asked the Minister for Social Welfare the reason for the non-payment of pay-related benefit to a person (details supplied) in County Westmeath.

Entitlement to pay-related benefit with flat rate unemployment benefit is subject to the condition that the sum of weekly flat rate unemployment benefit, pay-related benefit and income tax refund may not exceed 85 per cent of the average net weekly earnings of a claimant from the beginning of the tax year, to the date of claim.

In this case, calculation of the 85 per cent limit was based on the earnings of the person concerned, from insurable employment, in the period 6 April 1985 to 25 November 1985, when he claimed unemployment benefit. The person concerned however, had earnings, reckonable for this purpose, only in the period 6 April 1985 to 1 May 1985 as he had, apparently, been abroad for approximately six months prior to the date of his claim.

The 85 per cent limit was calculated at £17.95 and as the rate of unemployment benefit payable in this case exceeds that sum, pay-related benefit is not payable. The person concerned is in receipt of unemployment benefit at the appropriate maximum weekly rate of £74.50 and further weekly payments will be made as they become due.

106.

asked the Minister for Social Welfare if unemployment benefit can now be approved for a person (details supplied) in County Dublin, having regard to the fact that he was dismissed from his employment on 30 October 1985, that since then he has been registered with Manpower and is actively seeking employment, that he has not been in receipt of any moneys whatever since the date of his dismissal; and if this can be expedited.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking employment. The person concerned claimed unemployment benefit on 4 November 1985. His claim was disallowed for a period of six weeks from his last date of employment on 30 October 1985 on the grounds that he lost his employment through his own misconduct. Following the expiry of the six week period, his claim was disallowed on and from 11 December 1985 on the grounds that he was not available for and genuinely seeking employment.

He appealed against the disallowance and at an oral hearing on 20 February 1986, he was given the opportunity to present his case. The appeals officer, however, also decided that he was not available for and genuinely seeking employment. He ceased to sign the unemployed register after 6 March 1986.

The person concerned again claimed unemployment benefit from 10 April 1986 and inquiries are being made at present to establish whether he now fulfils the condition of being available for and genuinely seeking employment. When these inquiries are completed, his entitlement to unemployment benefit will be determined without delay. 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.

107.

asked the Minister for Social Welfare the arrangements, if any, which can be made by Class D social welfare contributors to provide themselves with unemployment benefit cover, in view of the issuing of protective notice to this class of employee by Dublin Corporation during the course of a recent industrial dispute.

The Class D rate of PRSI contribution applies to certain categories of permanent and pensionable employees in the public service and it provides them with social insurance cover for widows and orphans (contributory) pension, deserted wife's benefit, occupational injuries benefit only. It does not provide cover for unemployment benefit and there are no provisions whereby such persons insure themselves for that benefit.

Class D contributors, however, who become unemployed by reason of an industrial dispute in which they are not directly involved may make application for a qualification certificate for the purpose of claiming unemployment assistance for any day or unemployment during the dispute. Where payment of unemployment assistance is delayed pending investigation of means, the persons may claim supplementary welfare allowance from the health board.

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