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Dáil Éireann debate -
Tuesday, 20 May 1986

Vol. 366 No. 8

Ceisteanna—Questions Oral Answers - Social Welfare Payments.

7.

asked the Minister for Social Welfare if she will indicate, in the case of persons on disability benefit, who are found fit to work on the decision of her Department's medical referee, and who appeal that decision, the financial support which is available to them while their appeal is pending; and if she will make a statement on the matter.

Claimants to disability benefit who have been found capable of work by a medical referee of the Department and who maintain that they are still incapable of work and have appealed the decision of the medical referee may apply for supplementary welfare allowance while their appeal is being decided. Persons who are unemployed and available for work may claim unemployment benefit or assistance.

Is the Minister aware that in some clinics where a person is found by a referee to be fit for work, even though that person may have appealed the decision, the community welfare officer insists on him or her signing on for unemployment benefit or assistance? Does the Minister consider that practice to be correct in view of the fact that the people concerned have appealed the decision of the referee?

In cases of people who maintain they are incapable of work, who have appealed the decision and whose means are insufficient, they may apply for supplementary welfare allowance while their appeal is being decided, particularly if their case is supported by their own doctor. I do not think supplementary welfare allowance should be refused in such cases. If people insist they are incapable of work they may not claim unemployment benefit.

Is the Minister aware of the situation of people who appeal the decision of a medical referee that they are capable of work? In the interim while the appeal is pending they attend the community welfare officer for supplementary welfare allowance but, as Deputy De Rossa stated, some community welfare officers are instructing them to sign at their local employment exchanges. This is a total contradiction because by signing on they are stating they are capable of work——

The Deputy is making a speech; he is not asking a question.

Is is an important point.

The point has been made already. The Deputy is only repeating it.

The Minister did not answer the question.

The Minister answered the point the Deputy is now raising.

I know the Chair is not responsible for the answers given by the Minister. Quite honestly, he glossed over it. I am pointing out to the Minister that community welfare officers tell applicants to sign on at employment exchanges while their cases are being appealed because they claim they are unfit for work.

The Minister dealt with that point.

Will the Minister explain why the community welfare officers have issued these instructions?

I explained clearly the position of a person awaiting an appeal in respect of disability benefit who has no means. It can happen that some people may have means independent of their normal earnings and these may be the cases the Deputy has in mind. The supplementary welfare system is a means-tested system——

The Minister does not understand the point I am making.

I understand the point and I have replied to the point made by Deputy De Rossa. A person who has submitted certificates and who is awaiting the outcome of an appeal — particularly if his own doctor refuses to clear him for work — may not get unemployment benefit because of not being available for work. He should get help from the supplementary welfare system provided he fulfils the means test.

Why should he have to sign on at the employment exchange?

That has been dealt with by the Minister. I am calling Question No. 8.

I wish to ask the Minister a question.

The question has been dealt with quite clearly by the Minister and the Deputy accepted that.

I wish to ask a further supplementary question. Where a person has been instructed by the community welfare officer to sign on and does so, can the Minister give the House an assurance that signing on in this way will not be used by the referee to disallow the appeal?

The referee and the appeals officer decide appeals purely on the condition of health of the applicant.

I agree that is supposed to be the case but I am aware of one applicant who was told that because he had signed on during the appeal he was clearly fit for work because he believed himself to be fit for work and, therefore, was not entitled to disability benefit.

If an applicant had received unemployment benefit during the period of appeal——

The applicant did not receive benefit.

Such persons could not get double payment. If the Deputies are aware of such matters arising in this difficult area, I would appreciate it if they would bring them to our notice.

8.

asked the Minister for Social Welfare if she is satisfied that single persons in receipt of £34.95 assistance from her Department and with little other income, living alone, can survive on such amount; and if such persons are in need of special consideration of their case.

19.

asked the Minister for Social Welfare if she considers the present maximum rate of unemployment assistance for single persons to be adequate for subsistence; and if she will make a statement on the matter.

I propose to take Questions Nos. 8 and 19 together.

Entitlement to unemployment assistance is dependent on means and levels of payments are normally fixed at budget time. In any particular case the rate of assistance payable is the appropriate maximum rate less the weekly means assessed, including in the case of single persons living at home the value of board and lodgings. Statistics are not kept in such a way as would enable the average rate of assistance paid to single persons living at home to be determined.

Despite the very difficult financial situation, the Government have more than fulfilled their commitment to maintain the value of social welfare payments and have in fact provided real increases in the levels of those payments. In regard to unemployment assistance in particular, the Government made provision this year and in each of the past three years for higher levels of payment to people who have been unemployed for 15 months or more.

In the period mid-May 1983 to mid-May 1987 the increase in the consumer price index is expected to be of the order of 23 per cent. In that period the long term unemployed will have got increases of about 40 per cent, other long term recipients, such as pensioners, will have got increases amounting to 33 per cent and short term beneficiaries will have received increases amounting to 30 per cent.

Is the Minister aware that in the case of many single, unemployed young people residing with their parents and obtaining unemployment assistance, the taking into account of board and lodgings——

That is clearly another question and another issue.

It is a question absolutely related to this. Many of them are living——

I must rule that it is not. The question before the House is whether the present maximum of £34.95 is sufficient. The Deputy is going into the matter of deductions from that figure for board and lodgings. That is a separate issue and a separate question.

That is what is being done.

It may be but it is not in order here.

9.

asked the Minister for Social Welfare the programme which she has established for examinations of claimants of disability benefit by medical referees; and the number of these examinations which were made in each of the years from 1982 to 1985 inclusive; and the number of claimants who were deemed to be capable of work as a result of these examinations in each of these years.

The provision of second medical opinions in respect of claimants by the medical referees of my Department has always been a key element of the system of control of claims for disability and injury benefit.

In recent years considerable attention has been paid to improving the effectiveness of medical referee controls. The medical referee cadre has been increased substantially, from 18 to 25 within the past year. Enhanced clerical and computer back-up facilities have been provided in order to improve the selection of cases for referral to medical referees and to ensure that follow-up action is completed as required.

Examinations are carried out in rotation at centres situated throughout the country in the main cities and towns.

A significant proportion of those called for examination by a medical referee do not attend. Unless such persons can provide a reasonable explanation they are penalised. Payment of benefit is disallowed and they are called again for examination. The period of disallowance is shortly being increased to nine weeks.

Details requested of examinations carried out from 1982 to 1985 are given in the form of a table circulated in the Official Report.

Medical Referee Examinations

Year

Claimants examined Total

Examinees deemed capable Total

% of those examined

1982

39,507

9,926

25

1983

49,448

13,592

27

1984

51,243

13,372

26

1985

54,010

14,160

26

How long, on average, are people in receipt of disability benefit before they are called to see a medical referee?

New claimants are listed by computer programme for review after a standard interval, having regard to the nature of the certified incapacity. The cases are then reviewed by the medical adviser who decides regarding examination by a medical referee. He may write to the certifier for further details. Cases listed for medical referee examination are first notified to the medical certifier who is invited to furnish details of the claimant's history and also to attend the examination if he wishes. Certifiers' reports, where received, are considered by the medical referee and taken into account in conducting the examination. Medical referee reports, including any certifier's report and any previous reports, are then submitted to the medical adviser for approval before a decision is given.

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