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Dáil Éireann debate -
Thursday, 15 May 1986

Vol. 366 No. 6

Written Answers - Social Welfare Benefits.

60.

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

The person concerned claimed a retirement pension on 14 May 1985 and claimed a contributory old age pension on 4 February 1986.

One of the conditions for receipt of a retirement pension under the Social Welfare Acts at age 65 requires a claimant to have a yearly average of at least 24 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 he reaches pension age. The Department's records show that the claimant had a total of 522 reckonable contributions in the relevant period which, in his case, is from 5 January 1953 to 5 April 1984. This is equal to a yearly average of only 16 and, therefore, he does not qualify for a retirement pension under the Social Welfare Acts. Neither does he qualify for a contributory old age pension under the Acts from age 66. A yearly average of at least 20 is required for this latter pension.

Under EC Regulations where a person has also been employed in another EC country his contributions in that country may be combined with his Irish contributions to enable him to qualify for a pro rata pension, the rate of which is based on the number of his Irish contributions in proportion to the combined total. The person concerned had been employed in Great Britain and details of his British insurance were requested from the British Department of Health and Social Security. His British insurance record was received on 13 May 1986 showing that he had a record of 663 British contributions in the relevant period. The combined Irish and British records suffice to give him an entitlement to a pro rata pension at the present rate of £21.95 per week. However, pension would not be payable to him from age 65 as he was in receipt of unemployment assistance at a higher rate. Accordingly, he has been awarded a pro rata pension with effect from 4 April 1986, the Friday following his 66th birthday. A 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. He will continue to be paid his British retirement pension and the arrears of that pension will be sent to him as soon as a re-check has been made on the amount of unemployment assistance which was simultaneously paid to him.

61.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny will receive unemployment benefit for which she applied two months ago.

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 reckonable contributions paid or credited in the contribution year governing the claim.

The person concerned claimed unemloyment benefit from 11 March 1986. According to the Department's records she had not the necessary 26 contributions paid or credited in the contribution period 6 April 1984 to 5 April 1985 which governed her entitlement to unemployment benefit from 11 March 1986. However, the non-payment of contributions by her employer during the relevant period is at present under investigation and when these inquiries are completed her entitlement to unemployment benefit will be reviewed.

In the meantime the person concerned claimed unemployment assistance and following an investigation of the claim her means were assessed at £1.35 weekly, derived from the value of the benefit of board and lodgings in her parents' home. She is, accordingly, entitled to unemployment assistance at £30.40 weekly, being the appropriate maximum rate payable in her case of £31.75 less means of £1.35.

Arrears due on the unemployment assistance claim were paid on 1 May 1986. Further weekly payments of £30.40 will continue to be made as they become due pending a review of her unemployment benefit claim.

Question No. 62 withdrawn.

63.

asked the Minister for Social Welfare the reason the unemployment assistance claim made by a person (details supplied) in County Kilkenny was refused, even on appeal.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from profit from his holding exceeded the statutory limit. He was, accordingly, notified and to date has not appealed against the disallowance.

In calculating his means the deciding officer took into consideration the gross yearly income of the farm less expenses incurred in earning that income leaving a net annual profit of £5,000 from the holding. If he wishes to appeal it is open to him to do so. A form for this purpose may be obtained at his local employment office.

64.

asked the Minister for Social Welfare if she will ensure that an invalidity pension be issued to a person (details supplied) in Dublin 8 who is very badly disabled.

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 22 May 1986. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

65.

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

The person concerned claimed unemployment assistance from 28 October 1985. When the social welfare officer called to investigate his means in connection with the claim, he stated that he wished to withdraw his claim and he signed a statement to that effect.

If he now wishes to make a further claim, it is open to him to do so. A claim form may be obtained at his local employment office.

66.

asked the Minister for Social Welfare if she will ensure that a person (details supplied) in Dublin 12 is given unemployment assistance as he has no income whatsoever, and has to support a wife and three children; and if she will take special and urgent steps to assist in this case.

When the person concerned had drawn his maximum entitlement to unemployment benefit of 390 days on 23 January 1986 he claimed unemployment assistance. His unemployment assistance claim 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 documentary evidence regarding the disposal of capital.

He was notified of the disallowance and recently, at his request, a form on which to appeal against the disallowance was issued to him.

When the completed form is returned to his local office his case will be submitted to an appeals officer for determination and his entitlement to unemployment assistance will be reviewed in the light of the outcome.

67.

asked the Minister for Social Welfare the reason for the refusal to pay social welfare benefits to a person (details supplied) in County Limerick; when 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 12 May 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 Thursday, 22 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.

68.

asked the Minister for Social Welfare the reason for the overpayment of social welfare benefits to a person (details supplied) in County Limerick as he correctly and legally claimed his benefits as and when he was entitled to do so, that responsibility for this overpayment is not his fault, and he is not in any way able to meet the demand of repayments totalling £1,839.80; if she will have this matter investigated; and if she will make a statement on the matter.

Entitlement to unemployment benefit is subject to the condition that a person must have not less than 26 contributions paid at the appropriate rate since entry into insurable employment. The minimum age at which an employee enters insurance is 16 years.

The person concerned was paid unemployment benefit from 20 September 1982 on the basis of having the relevant contributions paid on his behalf in respect of employment during the period 10 August 1981 to 13 September 1982. When making his claim he stated that his date of birth was 7 June 1965. His employer has a similar date of birth on their records and PRSI contributions were deducted, accordingly, on the basis that he was over 16 years of age.

It subsequently transpired that his correct date of birth is 7 June 1966 and consequently contributions paid prior to 7 June 1986 were not insurable at a class providing cover against unemployment as he was under 16 years of age.

Following a review of his case he had not the necessary 26 contributions paid, and he was therefore not entitled to unemployment benefit on his claims of 20 September 1982 to 28 February 1983, 25 April 1983 to 13 October 1983 and 9 April 1984 to 18 August 1984. Consequently he was paid unemployment benefit amounting to £1,839.80 to which he was not entitled. He was notified of the position on 6 May 1986 and advised that arrangements could be made for the recovery by instalments or by deductions from any future benefit or assistance to which he may become entitled.

The person concerned had been receiving unemployment assistance since March 1986 at the maximum weekly rate payable in his case of £34.95 up to 6 April 1986, when he ceased to sign the unemployed register.

69.

Mr. Cowen

asked the Minister for Social Welfare the present position regarding the unemployment assistance application of a person (details supplied) in County Offaly; and if payments have been made and all arrears due paid.

It has not been possible to trace receipt of a claim to unemployment assistance which refers to the person named in the details supplied.

Further inquiries in the matter will be made if the Deputy will furnish additional information to enable the person concerned to be identified.

70.

Mr. Cowen

asked the Minister for Social Welfare the present position concerning the unemployment assistance application of a person (details supplied) in County Offaly.

Following an investigation of his unemployment assistance claim, the means of the person concerned were assessed at £2.30 weekly, derived from a share in a holding. He is, accordingly, entitled to unemployment assistance at the weekly rate of £77.20, being the appropriate maximum rate payable in his case of £79.50 less means of £2.30.

Arrears of unemployment assistance due from January 1986, less a refund to the health board in lieu of supplementary welfare allowance advanced pending the outcome of his claim, were issued last week.

Further weekly payments of £77.20 will continue to be made as they become due.

71.

Mr. Cowen

asked the Minister for Social Welfare the present position regarding the unemployment assistance application of a person (details supplied) in County Offaly; and when all arrears due will be paid.

When the person concerned had drawn his full unemployment benefit entitlement of 390 days on 17 February 1986, he claimed unemployment assistance. Following an investigation of his means in connection with his unemployment assistance claim, he was assessed with nil means. He is, accordingly, entitled to unemployment assistance at the appropriate maximum weekly rate payable in his case of £76.95.

All arrears due on the claim to the person concerned were paid on 22 April 1986. Weekly payments of £76.95 will continue to be made as they become due.

72.

asked the Minister for Social Welfare the date of the first application made by a person (details supplied) in County Roscommon for unemployment assistance; the reason for the long delay; and when a decision will be made.

The person concerned claimed unemployment assistance on 25 January 1985 and following investigation his claim was disallowed on the grounds that his means, derived from the profit from his holding, exceeded the statutory limit.

He was issued with an appeal form in April 1985 but the completed form was not returned to the Department until 12 December 1985. Arising from contentions made in support of his appeal his papers were returned to the social welfare officer for further inquiries. These inquiries have now been completed and his case is being submitted to an appeals officer for determination at the earliest available opportunity.

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.

73.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry cannot be paid unemployment assistance at the maximum rate; and if she will make a statement on the matter.

Following a review of his unemployment assistance claim in March 1986, the means of the person concerned were assessed at £36.40 weekly, derived from benefit from his wife's earnings.

He appealed against the means assessment and an appeals officer assessed his means at £30 weekly with effect from 12 March 1986. He is, accordingly, entitled to unemployment assistance at the weekly rate of £37.05, being the appropriate maximum rate payable in his case of £67.05 less means of £30.

The arrears, resulting from the adjustment of his means, were paid on 8 May 1986. Further weekly payments of £37.05 will continue to be made as they become due.

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