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Dáil Éireann debate -
Tuesday, 29 Apr 1986

Vol. 365 No. 10

Written Answers. - Social Welfare Benefits.

87.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is not in receipt of pay-related benefit on her unemployment benefit.

Pay-related benefit is calculated on a person's reckonable earnings, in excess of an earnings floor, in the relevant income tax year. According to the Department's records the earnings of the person concerned in the period 6 April 1983 to 5 April 1984, which is the relevant income tax year in respect of her claim of 4 June 1985, amounted to £1,350 only, and as this is less than the earnings floor of £2,500 applicable on her claim she is not entitled to pay-related benefit. Weekly payments of flat rate unemployment benefit at the appropriate reduced rate of £32.75, will continue to be made to her, as they become due.

88.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who has been claiming disability benefit since 23 September 1985 will receive payment.

Under the EC regulations on social security responsibility for a claim to benefit rests with the member state under whose legislation the claimant was last insurably employed.

Following inquiries by an inspector of the Department it was established that the person concerned was last insurably employed in Great Britain. His claim, therefore, is proper to the Department of Health and Social Security, Newcastle-upon-Tyne. Accordingly, the claim together with the medical evidence, has been transferred to the British authorities.

89.

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

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 by a medical referee on 8 May 1986. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

90.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford has sufficient PRSI contributions to entitle him to a contributory old age pension.

One of the qualifying conditions for receipt of a contributory old age pension under the Social Welfare Acts requires a person to have a yearly average of at least 20 reckonable contributions over the period from the beginning of the 1953 contribution year or from his year of entry into insurance, whichever is the later, to the end of the last complete contribution year before reaching pension age.

The Department's records show that the person concerned has a total of 457 reckonable contributions in the relevant period, which, in his case, is from 5 January 1953 to 5 April 1985. This is equal to a yearly average of only 14 and, therefore, he does not qualify for a contributory old age pension. Depending on his means, he may qualify for an old age noncontributory pension. A claim form for this pension can be obtained at any post office.

91.

asked the Minister for Social Welfare the correct amount of disability benefit payable to a person (details supplied) in County Kildare; and if pay-related benefit is payable.

Entitlement to pay-related benefit with flat rate unemployment benefit is subject to the condition that the weekly sums 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, since the beginning of the income tax year in which the claim is made.

The person concerned claimed unemployment benefit from 21 February 1986 and has been in receipt of £102.40 weekly which is the appropriate maximum flat rate applicable to his case, since that date. The 85 per cent limit applicable to the person concerned was calculated at £94.60 and as the flat rate of unemployment benefit exceeds that amount, pay-related benefit is not payable in this case.

92.

asked the Minister for Social Welfare when a person (details supplied) in County Louth will be paid an increase in invalidity pension in respect of her dependent daughter.

The rate of invalidity pension in payment to the person concerned has been increased from the weekly rate of £39.90 to £55.75. A second pension book for the difference — £15.85 — was sent to the designated post office of payment on 23 April 1986.

93.

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

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.

94.

asked the Minister for Social Welfare the reason for the delay in the payment of disability benefit to a person (details supplied) in County Limerick; when this money will be paid; and if she will make a statement on the matter.

The person concerned claimed disability benefit from 25 March 1986. Benefit was paid from 28 March 1986, the fourth day of incapacity to 19 April 1986, the date of the latest medical certificate received.

The person concerned has notified the Department that she furnished a certificate for a period prior to 25 March 1986; however, this certificate was not received in the Department. She has been requested to forward a duplicate certificate to the Department and her claim will be reviewed on receipt of this certificate.

95.

asked the Minister for Social Welfare the reason for the refusal to pay social welfare payments to a person (details supplied) in County Limerick; the date on which his appeal will be heard; and if she will make a statement on the matter.

Payment of disability benefit to the person concerned was disallowed from 18 January 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 have been made to have him examined by a different medical referee on 2 May 1986. His entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

96.

asked the Minister for Social Welfare when pay-related unemployment benefit will be paid to a person (details supplied) in County Meath who is drawing flat rate employment benefit at Trim employment exchange.

The person concerned claimed unemployment benefit on 13 January 1986 and has been in receipt of the maximum appropriate rate of £65.10 weekly, since that date. His entitlement to pay-related benefit cannot be determined until information regarding his earnings during the period 6 April 1985 to 31 December 1985 has been furnished by him. He was requested on 12 February 1986 and again on 23 April 1986 to furnish a form P45 or a statement of earnings from his employer, but to date he has not done so.

On receipt of the necessary documentation his entitlement to pay-related benefit will be determined.

97.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who has been in receipt of disability benefit for the last five years, will receive invalidity benefit applied for some time ago.

Invalidity pension is payable to insured persons who satisfy the contributions conditions and who are permanently incapable of work. Arrangements have been made to have the person concerned examined on 8 May 1986 by a medical referee. Her entitlement to invalidity pension will be reviewed in the light of the report of this examination.

98.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who is in receipt of £85 weekly unemployment benefit for himself, his wife, and two children, will receive pay-related benefit.

Pay-related benefit is calculated on a person's reckonable earnings, in excess of an earnings floor, in the relevant income tax year. According to the Department's records the earnings of the person concerned in the period 6 April 1984 to 5 April 1985, which is the relevant income tax year in respect of his claim of 10 March 1986, amounted to £2,392 only, and as this is less than the earnings floor of £2,450 applicable on his claim, he is not entitled to pay-related benefit. Weekly payments of flat rate unemployment benefit at the maximum appropriate rate of £85 will continue to be made as they become due.

99.

(Limerick West) asked the Minister for Social Welfare the reason the maximum rate of disability benefit was not paid to a person (details supplied) in County Limerick.

The person concerned claimed disability benefit from 15 February 1986 and all benefit payable, at the maximum rate for a married man with three dependent children, has been issued to 17 March 1986 after which date he was certified fit to resume work.

100.

(Limerick West) asked the Minister for Social Welfare the reason irregular payments of disability benefit are being made to a person (details supplied) in County Limerick.

The person concerned claimed disability benefit from 11 March 1986 and is currently being paid at the weekly rate of £65.10, the maximum rate appropriate to a married man. The records of the Department show that payment has been issued immediately on receipt of weekly medical evidence and all benefit payable has been issued to date.

101.

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

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish particulars of her means she failed to show that her means did not exceed the statutory limit. She failed to supply particulars of her home circumstances. She appealed against the disallowance and an appeals officer also decided that she had failed to disclose her means, and disallowed her appeal. Notification of the disallowance has recently been issued to her.

102.

(Limerick West) asked the Minister for Social Welfare when a decision will be made with regard to an application for unemployment assistance from a person (details supplied) in County Limerick; and the reason he is not receiving a form weekly to continue signing on.

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 subsequently supplied the necessary information and he was assessed, with effect from 13 February 1986, with means of £10.50 weekly, derived from the value of board and lodgings in his parents' home.

He was, accordingly, entitled to unemployment assistance at £23.30 weekly being the appropriate maximum rate payable in his case of £33.80 less means of £10.50. All arrears due were paid on 16 April, 1986.

Following a further review, the means of the person concerned were reassessed at nil with effect from 13 February 1986. He is, accordingly, entitled to unemployment assistance at the appropriate maximum weekly rate of £33.80. Arrangements have been made with his local office to pay all adjusting arrears due, this week. Further weekly payments of £33.80 will continue to be made as they become due.

Weekly forms for signing were not issued to the person concerned following the disallowance of his claim but he was later issued with all dockets, retrospective to 13 February 1986.

103.

asked the Minister for Social Welfare when a decision on the unemployment assistance claim of a person (details supplied) in County Cork will issue.

Following the recent completion of the investigation of his means, the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from self-employment as a bricklayer, exceeded the statutory limit applicable in his case. Notification of the disallowance and of his right to appeal against it has been issued to him. He has not signed at his local office since 8 March 1986.

104.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick has been declared fit for work when he has already been discharged by the Department of Defence from the Army because of medical unfitness; and when his appeal against this decision will be heard.

The person concerned was paid disability benefit to 8 February 1986, 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 and arrangements have been made to have him examined by a different medical referee on 5 May 1986. His entitlement to benefit will then be reviewed in the light of the medical referee's report.

105.

asked the Minister for Social Welfare the reason for the continuing delay in resolving an unemployment assistance claim of a person (details supplied) in County Wexford.

Entitlement to unemployment assistance is dependent on a claimant being the holder of a qualification certificate and to obtain a qualification certificate a claimant must satisfy certain conditions including an assessment of means. Extensive inquiries by the social welfare officer were necessary before this case could be finalised. The inquiries were recently completed and arrangements have been made to refer the papers to a deciding officer for an assessment of means. The person concerned will be informed of the means assessment and of the decision on his entitlement to unemployment assistance as quickly as possible. The delay in this case is regretted.

106.

asked the Minister for Social Welfare the present position in regard to an application of a person (details supplied) in County Offaly for an old age pension.

The person concerned claimed an old age contributory pension on 4 February 1986. He has been awarded the pension at the rate appropriate to his yearly average of 38 contributions with effect from Friday, 28 March 1986 when he reached age 66. An old age contributory pension book containing orders payable from 4 April 1986 has been issued to the designated post office for collection by him and he has been notified accordingly. Arrears of old age contributory pension for the period from 28 March 1986 to 3 April 1986 will be issued direct to him by payable order in the next few days.

107.

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

The person concerned claimed disability benefit from 3 March to 10 March 1986, after which date he was originally certified fit to resume work. It has now been confirmed that he was absent from work until 15 March 1986 and all arrears payable in respect of his claim have been issued.

108.

asked the Minister for Social Welfare when a person (details supplied) in County Carlow will be transferred from disability benefit to an invalidity pension.

The person concerned is in receipt of a contributory widow's pension at the weekly rate of £46.25 in addition to disability benefit at the weekly rate of £19.75 — total £66.

Regulations provide that an invalidity pension cannot be paid in addition to a contributory widow's pension. If the person concerned were transferred to an invalidity pension it would be paid to her at the rate of £45.30 and both her contributory widow's pension and disability benefit would cease to be paid to her. She would, therefore, have a cash reduction of £20.70 per week in her income from the Department if she were transferred to the pension. Invalidity pensioners are entitled to a free travel pass. Some such pensioners are also entitled to a free electricity allowance, free (black and white) television licence and free telephone rental allowance. The position has been explained to the person concerned and she has been requested to say whether, in the circumstances, she wishes to be transferred to invalidity pension.

109.

asked the Minister for Social Welfare if she will give details of the means assessed against a person (details supplied) in County Kerry who is in receipt of unemployment assistance of only £15.75 per week, and if she will make a statement on the matter.

The means of the person concerned were assessed by a deciding officer at £16 weekly, derived from the value of board and lodging on his parents' holding. In arriving at this assessment the deciding officer took into consideration the net yearly income of the farm, calculated at £5,000. On a weighted basis the applicant was deemed to enjoy one-sixth of the net income, namely £833.33 per annum or £16 weekly.

The person concerned appealed against the amount of means assessed against him and an appeals officer, on 7 February 1986, also assessed him with means of £16 weekly. He is, accordingly, in receipt of unemployment assistance of £15.75 weekly, being the appropriate maximum rate payable in his case of £31.75 less means of £16. If he feels 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.

110.

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

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions paid at the appropriate rate since the date of entry into insurable employment. The person concerned claimed unemployment benefit on 7 January 1986. Inquiries had to be made to establish whether she has sufficient contributions paid in respect of insurable employment since the date she entered into insurance. These inquiries were recently completed and her claim has been allowed at £43.47 weekly, comprised of unemployment benefit of £39.50 and pay-related benefit of £3.97.

She is a postal claimant and arrangements have been made to issue an order this week paying all arrears due, less the amount of unemployment assistance paid to her pending the outcome of her claim. Further weekly payments of £43.47 will continue to be made as they become due.

111.

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

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £7.55 weekly, derived from the value of board and lodgings in his parent's home. He is, accordingly, entitled to unemployment assistance at the weekly rate of £24.20 being the appropriate maximum rate payable in his case of £31.75 less means of £7.55. He signed at his local office for the period 16 January 1986 to 21 January 1986 and was paid arrears for that period, on 19 March 1986. The person concerned again claimed unemployment assistance on 7 April 1986 and is in receipt of £24.20 weekly since that date.

112.

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

Following investigation, the means of the person concerned were assessed at £34.60 weekly, derived from the profit from his holding. His unemployment assistance claim was, accordingly, disallowed on the grounds that his means exceeded the maximum rate payable in his case.

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

Question No. 113 withdrawn.

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