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Dáil Éireann debate -
Tuesday, 6 May 1986

Vol. 365 No. 14

Written Answers. - Social Welfare Benefits.

104.

asked the Minister for Social Welfare if she will arrange an early oral appeal hearing for a person (details supplied) in County Westmeath who has no means of income and who has been refused a qualification certificate.

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. In this regard, he failed to supply full particulars regarding the source from which he was deriving an income.

He appealed against the disallowance of his claim. It is anticipated that the extensive inquiries which were necessary in connection with the appeal will be completed shortly. The papers will then be referred to an appeals officer for determination of means, and his request for an oral hearing will be considered.

The person concerned will be informed of the outcome of his appeal and of the decision on his entitlement to unemployment assistance as quickly as possible. In the meantime, if the means of the person concerned are insufficient to meet his needs, it is open to him to apply to his local community welfare officer for supplementary welfare allowance.

105.

asked the Minister for Social Welfare if she will initiate a review of the amount of unemployment assistance which a person (details supplied) in County Westmeath is receiving as he cannot support his family on this small amount.

Following reinvestigation of the unemployment assistance claim of the person concerned, he was assessed with means of £70.95 weekly. He is, accordingly, in receipt of unemployment assistance of £35.30 weekly, being the appropriate maximum rate in his case of £106.25 less means of £70.95.

He applied for a review of his means on 18 March 1986 and his papers have been referred to a social welfare officer for a further investigation. When these inquiries are completed, his case will be submitted to a deciding officer for assessment of his means. The person concerned will then be informed of the decision on his entitlement to unemployment assistance as quickly as possible.

106.

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

The person concerned claimed disability benefit from 8 March 1986 to date.

Payment of benefit has not been authorised however, as according to the available records he has not the required minimum of 26 contributions paid or credited in 1984-85, the contribution year governing his claim. He has 19 contributions recorded in this year.

The claimant has indicated that he was employed in Britain for the period from 20 August 1984 to 8 January 1985, and his insurance record has been requested from the British authorities. When this information comes to hand his entitlement to disability benefit will be reviewed.

107.

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

The person concerned claimed unemployment assistance on 12 March 1986 and when a social welfare officer called to interview him on 9 April 1986 he said he no longer wished to pursue his claim and he signed a statement indicating that he wished to withdraw his claim. If he wishes to make a further claim he should contact his local employment office.

108.

asked the Minister for Social Welfare if an increase in unemployment assistance will be granted to a person (details supplied) in County Cork.

Following a reinvestigation of the means of the person concerned his unemployment assistance claim was disallowed from 5 February 1986 because the weekly means assessed against him exceeded the appropriate maximum rate payable in his case. He appealed against the disallowance of his claim and an appeals officer assessed his means at £57 weekly with effect from 5 February 1986.

He is accordingly entitled to unemployment assistance at the weekly rate of £10.05 being the appropriate maximum rate payable in his case of £67.05 less means of £57. He will be paid all arrears due to him this week. Weekly payments of £10.05 will continue to be made as they become due.

109.

asked the Minister for Social Welfare the amount being paid each week in unemployment assistance in Cork North West; and the steps she intends taking to reduce the numbers of unemployed in this area.

The total amount of unemployment assistance, including payments to smallholders, paid through the local offices of the Department of Social Welfare in the general area of Cork North West is in the region of £122,000 a week. The Department has no function in relation to the level of unemployment.

110.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kilkenny who applied for unemployment assistance on 28 September 1985 received a lump sum cheque for approximately £700 in December 1985, and has not received any payment since that time.

The person concerned claimed unemployment assistance in September 1985 and his papers were referred to a social welfare officer for investigation of his means. It subsequently came to light that he was the holder of an existing qualification certificate showing weekly means of £1.75 and he was paid unemployment assistance on this basis. All arrears due on the claim were paid to him in November 1985.

Following the up-to-date reinvestigation of his means he was assessed with weekly means of £82.70 with effect from 20 November 1985 derived from profit from his holding. The revised means assessment exceeds the maximum rate of unemployment assistance payable in his case and, therefore, his claim was disallowed.

He appealed against the disallowance of his claim and arising from contentions raised by him in support of his appeal the case was returned to the social welfare officer for further inquiries. On completion of the inquiries the papers were submitted to an appeals officer for determination of means. Arrangements are being made for an oral hearing of the case and the person concerned will be notified of these shortly. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal.

111.

asked the Minister for Social Welfare when a decision will be made for an appeal in relation to disallowance of unemployment benefit to a person (details supplied) in County Kilkenny and if he can have an oral hearing.

Following a reinvestigation of the means of the person concerned his claim for unemployment assistance was disallowed on the grounds that his means derived from benefit from his wife's earnings exceeded the statutory limit.

He appealed against the disallowance of his claim and he did not request an oral hearing. The appeals officer also assessed him with means exceeding the statutory limit.

In accordance with regulations if the appeals officer is of the opinion that an appeal is of such a nature that it can properly be determined without an oral hearing he may dispense with a hearing and determine the case summarily. Notification of the appeals officer's decision has issued to the claimant.

112.

asked the Minister for Social Welfare if she will indicate how soon an oral hearing will be arranged for a person (details supplied) in County Kilkenny in relation to his claim for disability benefit.

An appeals officer decided that the person concerned was not incapable of work within the meaning of the Social Welfare Acts during the period from 22 November 1984 to 13 May 1985 — the date of the latest medical certificate before him at that time — and is not entitled to be paid disability benefit in respect of that period.

An appeals officer's decision is final and may only be altered in the light of new facts or fresh evidence.

The person concerned has continued to submit medical certificates and, accordingly, he was again examined by a medical referee on 16 January 1986. He was again considered to be capable of work. His case has been referred to an appeals officer who proposes to hold an oral hearing of his claim a soon as possible. It is not yet possible to give a specific date for the hearing due to the large volume of appeals on hand. However, the person concerned will be notified as soon as the final arrangements have been completed.

113.

asked the Minister for Social Welfare if an oral hearing will be arranged for a person (details supplied) in County Offaly in relation to his unemployment assistance claim.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from the benefit from his wife's earnings, from the profit from his holding, and from self-employment, exceeded the statutory limit.

He appealed against the disallowance on 10 April 1986 and arising from contentions made in support of his appeal his papers have been referred to the social welfare officer for further inquiries.

The inquiries will be completed as soon as possible and his case will then be submitted to an appeals officer for a decision. In accordance with the Regulations, if the appeals officer is of the opinion that the case is of such a nature that it can properly be determined without an oral hearing, he may dispense with the hearing and determine the appeal summarily.

114.

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 19 September 1985 to 12 November 1985, after which date he was certified fit to resume work.

He was not entitled to benefit at that time as according to the available records he had less than the minimum of 26 contributions paid or credited in 1983-84, the contribution year governing his claim.

It has now been established that he has sufficient contributions paid in 1983-84 to qualify for benefit at the weekly rate of £80.85, a reduced rate payable to a married man with two dependent children, who has between 26 and 32 contributions recorded in the governing contribution year. The person concerned has 28 A1 contributions recorded in the 1983-84 year. All benefit payable to the person concerned has now been issued to him.

115.

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

The person concerned was paid disability benefit to 21 January 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 of benefit and was examined by a different medical referee on 28 February 1986 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 as soon as possible.

116.

asked the Minister for Social Welfare when a decision will be made on an appeal for payment of disability benefit of a person (details supplied) in County Galway.

The person concerned was paid disability benefit to 18 August 1985 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 of benefit and was examined by a different medical referee on 3 April 1986 who also expressed the opinion that she was capable of work.

Her appeal has been referred to an appeals officer who proposes to hold an oral hearing of her claim as soon as possible. It is not yet possible to indicate the specific date of the hearing due to the large number of appeals on hand. However the person concerned will be notified as soon as the final arrangements have been completed.

117.

asked the Minister for Social Welfare when a person (details supplied) in County Clare will receive a free electricity allowance.

An application for a free electricity allowance which was received from the person concerned on 25 April 1986 was approved on 2 May 1986. The applicant was notified accordingly on 2 May 1986 and the ESB have been instructed to apply the allowance to her electricity account from the May-June 1986 billing period which is the appropriate commencement period under the scheme in her case.

118.

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

In order to qualify for unemployment benefit a claimant engaged in a subsidiary occupation must satisfy a special condition which requires the claimant to have at least 78 reckonable employment contributions in the three years preceding the date of claim or alternatively the remuneration or profit from the subsidiary occupation must not exceed £2 a day.

The person concerned is a landholder who did not satisfy this special condition and, accordingly, his claim for unemployment benefit was disallowed from 25 November 1985. He appealed against this decision and an oral hearing of his case is being arranged. He then applied for unemployment assistance and following investigation of his means he was assessed with means of £72.15 weekly derived from profit from his holding and from capital.

He is, accordingly, entitled to unemployment assistance at the weekly rate of 10p being the appropriate maximum rate payable in his case of £72.25 less means of £72.15. Arrears due from November 1985 were paid to him. He recently advised his local office that he did not wish to receive the weekly rate of 10p. It is open to him to appeal against the means assessment. A form for this purpose may be obtained at his local employment office.

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