asked the Minister for Social Welfare when an oral hearing on a disability benefit appeal on behalf of a person (details supplied) in County Offaly will go before the appeals officers as it is an urgent case.
Written Answers. - Social Welfare Benefits.
91.
The person concerned was paid disability benefit to 20 January 1986 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 5 March 1986 who also expressed the opinion that she was capable of work. Her appeal was referred to an appeals officer who held an oral hearing of her claim on 22 May 1986. A decision is expected shortly and the person concerned will be notified as soon as the result is to hand.
92.
asked the Minister for Social Welfare the amount of disability benefit received by a person (details supplied) in County Offaly for the period 5 April 1985 to 4 May 1986.
The person concerned was paid a total of £4,140.17 disability benefit during the period from 5 April 1985 to 4 May 1986. All benefit payable has now been issued up to 21 May 1986, after which date he was certified fit to resume work.
93.
(Limerick West) asked the Minister for Social Welfare when a decision will be made on an appeal with regard to the discontinuing of payment of unemployment assistance in respect of a person (details supplied) in County Limerick.
Following an investigation the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the profit from his holding, exceeded the statutory limit. He appealed against the disallowance and following an oral hearing of his case on 25 April 1986 the appeals officer decided that the person concerned should be given the benefit of a further review of his means.
His papers were returned to the social welfare officer for reinvestigation of means and these inquiries will be completed shortly. His case will then be resubmitted to the appeals officer for determination. The person concerned will be informed of the decision of the appeals officer and of this entitlement to unemployment assistance as quickly as possible.
94.
(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 investigation, the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from self-employment, exceeded the maximum rate payable in his case.
He appealed against the disallowance and an appeals officer assessed him with means of £50 weekly. He is, accordingly, entitled to unemployment assistance of £4.80 weekly, being the appropriate maximum rate payable in his case of £54.80, less means of £50. All arrears due to the person concerned were paid on 8 April 1986.
He applied for a review of his case on 23 April 1986 but when the social welfare officer called to him he stated that he did not wish to proceed with his application for review. Weekly payments of £4.80 will continue to be made as they become due.
95.
asked the the Minister for Social Welfare if she will investigate as a matter of urgency the appeal by a person (details supplied) in Dublin 7 against disallowance of disability benefit as the medical evidence which he has offered indicates that medical condition, would act as a major inhibitor towards his working in any regular way; and if she will make a statement on the matter.
The person concerned claimed disability benefit from 6 September 1985 and payment was issued to 4 January 1986. Payment was disallowed from 5 January 1986 following examination by a medical referee who expressed the opinion that he was capable of work.
He appealed against the disallowance but then submitted a final certificate stating that he was fit to resume work on 7 March 1986. The case was then referred to an appeals officer who upheld the decision to disallow payment of disability benefit from 5 January 1986 to 6 March 1986, when he was certified fit to resume work. The decision of the appeals officer is final and can only be altered in the light of new facts or fresh evidence.
96.
asked the Minister for Social Welfare if the necessary arrangements can be made as soon as possible to transfer a person (details supplied) in County Westmeath from disability to invalidity pension.
Invalidity pension is payable to insured pensons who satisfy the contribution conditions and who are permanently incapable of work. Arrangements have been made to have the person concerned examined on 4 June 1986 by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.
97.
asked the Minister for Social Welfare if payment of benefit can now be resumed to a person (details supplied) in County Dublin under the revised regulations recently introduced by her; and if she will make a statement indicating the social welfare benefit and entitlements position of this person.
The person concerned is a married woman and she was in receipt of unemployment benefit up to 2 February 1986 when she had drawn her maximum entitlement to 312 days benefit. To requalify for unemployment benefit she requires at least a further 13 weeks contributions paid at the appropriate class providing cover against unemployment. Weeks of employment since the date on which she received 156 days of unemployment benefit may count for this purpose. However, as she had no insurable employment after 156 days of her benefit claim she does not requalify for payment of benefit.
In accordance with the equality provisions implemented with effect from 15 May 1986 under the Social Welfare Act, 1986, the maximum duration of unemployment benefit payable to married women was increased from 312 to 390 days. Under transitional arrangements a claimant who had drawn 312 days benefit in the three month period from 14 February 1986 to 14 May 1986, and continued to prove unemployment, is entitled to payment of benefit from 15 May 1986 to the date on which she would normally have completed 390 days on her claim. However, as the person concerned had drawn her 312 days entitlement prior to 14 February 1986 the transitional arrangements do not apply in her case.
98.
asked the Minister for Social Welfare when a person (details supplied) in County Cork will receive a pension book for invalidity pension purposes.
Invalidity pension has been awarded from 24 April 1986. A pension book payable from 24 July 1986 will be issued to the designated post office of payment. Arrears in respect of the period from 24 April 1986 to 23 July 1986 less the amount of disability benefit paid during that period will be paid by payable order.
99.
asked the Minister for Social Welfare when pay-related benefit will be paid to a person (details supplied) in County Carlow.
The person concerned claimed disability benefit from 1 April 1986 and all benefit payable has been issued to 13 May 1986 the date of the latest medical certificate received. He is not entitled to pay-related benefit as the amount of disability benefit payable in his case exceeds 75 per cent of his average reckonable weekly earnings in the 1984-5 tax year which governs his claim.
100.
asked the Minister for Social Welfare when a decision will be made on an appeal for unemployment assistance for a person (details supplied) in County Carlow.
Following an investigation of the unemployment assistance claim of the person concerned he was assessed with means of £10.50 weekly derived from self-employment. He is, accordingly, in receipt of unemployment assistance of £75.95 weekly being the appropriate maximum rate payable in his case of £86.45, less means of £10.50.
He appealed against the means assessment and an appeals officer has decided to grant him an oral hearing of his case. The person concerned will be informed of the date and venue of the hearing as soon as they are arranged. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal. In the meantime weekly payments of £75.95 will continue as they become due.
101.
asked the Minister for Social Welfare the reason for the delay in paying unemployment assistance to a person (details supplied) in County Cork.
Entitlement to unemployment assistance is dependent on a claimant being the holder of a qualification certificate and to obtain a qualification certificate a person must satisfy certain conditions including an assessment of means.
The person concerned claimed unemployment assistance from 17 October 1985 after he had drawn his maximum entitlement of 390 days unemployment benefit. Following investigation his unemployment assistance claim was disallowed on the grounds that, by failing to furnish full particulars of his means, he failed to show that his means did not exceed the statutory limit. If he is dissatisfied with the decision it is open to him to appeal and have his case determined by an appeals officer. A form for this purpose may be obtained at his local employment office.
The person concerned ceased to sign the unemployed register after 5 April 1985.
102.
asked the Minister for Social Welfare if she will give a breakdown of the assessment of means in the case of a person (details supplied) in County Cork in respect of his application for unemployment assistance.
The person concerned claimed unemployment assistance from 11 February 1985 to 14 May 1985 and again from 1 July 1985 to 3 September 1985. He was paid unemployment assistance on those claims on the basis of a qualification certificate showing weekly means of £14, derived from the value of board and lodgings in his parents home.
The value to him of board and lodgings in his parent's home was calculated by reference to the earnings of his father. The assessment was, however, subject to the limitation that the amount of means so assessed would not exceed 12½ per cent of his father's net income. His father's net income at the time of the assessment was £120 a week. From this was deducted £5 for rent leaving a balance of £115. The amount of weekly means assessed against the claimant was 12½ per cent of £115 which is £14.37 rounded down to £14. The person concerned has not been in touch with his local office since 3 September 1985.
103.
asked the Minister for Social Welfare if she will make the maximum rate of occupational injury benefit available to a person (details supplied) in County Cork, as she is not satisfied with the rate she is receiving.
The person concerned claimed injury benefit from 17 February 1986 in respect of an accident at work on 4 January 1985. Under the rules that govern the injury benefit scheme, payment of injury benefit can only be made for periods of incapacity within 26 weeks from the date of the accident. Her incapacity is outside this period, therefore she is not entitled to payment of injury benefit.
If she suffers disablement by way of loss of any physical or mental facility as a result of the occupational accident, she may be entitled to disablement benefit. A claim form in this regard has been sent to her for completion.
Payment of disability benefit was authorised from 20 February 1986, fourth day of incapacity, at the weekly rate of £34.70, the maximum rate for a married woman. Pay-related benefit was authorised from 10 March 1986, 19th day of incapacity, at the weekly rate of £33.28.
It has now been established that the person concerned is also in receipt of deserted wives' benefit for herself and her two children at the weekly rate of £72.30. Under the regulations governing payment of disability benefit, she is entitled only to £19.75 per week while in receipt of deserted wives' benefit. The person concerned has therefore been overpaid £186.87 disability benefit.
104.
asked the Minister for Social Welfare the correct amount of unemployment benefit or disability benefit which will be paid to a person (details supplied) in County Kildare; and if these payments will be made on a regular basis.
The person concerned claimed disability benefit from 20 February 1986. There was a delay in issuing payment in respect of his dependants until the claim form was received. A claim for recoupment of supplementary welfare allowance advanced to him by the Eastern Health Board was then received. This amount is being recovered by weekly deductions from his claim to disability benefit.
The current weekly rate of benefit for the person concerned is £93.70 less deductions of £10.42. Payment is issued on receipt of weekly medical certificates and all benefit payable to 20 May 1986, the date of the latest medical certificate received, has been issued to the person concerned.
105.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be considered for an invalidity pension in view of the fact that he is unable to work.
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.
106.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded unemployment assistance payments further to his recent appeal in view of the fact that he has income.
The person concerned claimed unemployment assistance from 12 April 1986 after he had drawn his maximum entitlement of 390 days unemployment benefit. His unemployment assistance claim 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 on 14 May 1986 and arising from contentions raised in support of his appeal his papers were referred to the social welfare officer for further inquiries. When these inquiries are completed his case will be submitted to an appeals officer for determination 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.
107.
asked the Minister for Social Welfare if unemployment assistance payments will be awarded to a person (details supplied) in County Wexford, in view of the fact that he has no other means and has recently appealed their refusal by the deciding officer.
The person concerned claimed unemployment assistance from 29 March 1986 after he had drawn his maximum entitlement of 390 days unemployment benefit. 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.
He appealed against the disallowance and arising from contentions made in support of his appeal his papers were returned to the social welfare officer for further enquiries. When these inquiries are completed his case will be 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. He ceased to sign the unemployed register from 15 May 1986.
108.
asked the Minister for Social Welfare if she will make a statement regarding the social welfare benefit entitlement of a person (details supplied) in County Dublin; and whether the amended regulations recently announced by her will affect her benefit situation; and the further credits which are required to resume her entitlement to benefit.
A claimant who has drawn the maximum entitlement of unemployment benefit cannot requalify for benefit until she has a further 13 weeks of employment which is insurable at a contribution class which provides cover against unemployment. Weeks of insurable employment after 156 days of benefit have been drawn are counted for this purpose.
The person concerned, who is a married woman, had drawn her maximum entitlement of 312 days benefit on 7 January 1986. According to the Department's records she had no insurable employment since drawing 156 days of benefit and, therefore, she did not requalify for payment of benefit from 8 January 1986.
In accordance with the equality provisions implemented with effect from 15 May 1986 under the Social Welfare Act, 1986, the maximum duration of unemployment benefit payable to married women was increased from 312 to 390 days. Under transitional arrangements a claimant who had drawn 312 days benefit in the three-month period from 14 February 1986 to 14 May 1986 and continued to prove unemployment is entitled to payment of benefit from 15 May 1986 to the date on which she would normally have completed 390 days on her claim. However, as the person concerned had drawn her 312 days entitlement prior to 14 February 1986 the transitional arrangements do not apply in her case. She is continuing to sign the unemployed register for credited contribution purposes.
109.
asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 12 has not received unemployment benefit after 14 weeks; and the reason for the delay.
Entitlement to unemployment benefit is subject to the condition that a person must have had at least 26 contributions paid since date of entry into insurable employment.
The person concerned claimed unemployment benefit from 25 February 1986 and according to the records of the Department at that time she had not the necessary 26 contributions paid. Inquiries were made from her previous employers to establish if she had sufficient contributions paid to entitle her to payment of unemployment benefit. These inquiries were only recently completed and it has been established that she had 44 contributions paid in respect of her previous employments.
Her claim to unemployment benefit has been allowed, accordingly, at the weekly maximum appropriate rate payable in her case of £39.50. All arrears due, less the amount of unemployment assistance paid to her pending the outcome of her claim to benefit, will be paid this week.
Further weekly payments of £39.50 will continue to be made as they become due.
110.
asked the Minister for Social Welfare the reasons that unemployment benefit has been discontinued again to a person (details supplied) in County Galway; if she will now make an immediate restoration of these benefits; the weekly amount that would be paid, in view of this person's serious circumstances; and if she will make a statement on this serious situation.
The person concerned was in receipt of unemployment benefit up to 5 May 1986 when she had drawn her maximum entitlement of 312 days benefit. The weekly rate payable in her case was £32.75 which is the special reduced rate payable after 156 days to a claimant who had not 280 contributions paid in respect of insurable employment in the seven years prior to the claim.
In order to requalify for payment of benefit from 6 May 1986, she would be required to have a further 13 contributions paid in respect of insurable employment. Contributions paid after drawing 156 days benefit on a claim is counted for this purpose. The person concerned had not the necessary contributions to requalify for payment of benefit.
However, she does qualify for payment of benefit from 15 May 1986 in accordance with transitional arrangements made in conjunction with the implementation of the equality provisions from 15 May 1986 under the Social Welfare Act, 1986, which increased the maximum duration of unemployment benefit payable to married women from 312 to 390 days. Under the transitional arrangements, a claimant who had drawn 312 days benefit in the three month period from 14 February 1986 to 14 May 1986, and continued to prove unemployment, is entitled to payment of benefit from 15 May 1986 to the date on which she would normally have completed 390 days on her claim.
Consequently, the person concerned, provided she continues to prove unemployment, qualifies for payment of unemployment benefit from 15 May to 4 August 1986 when she will have completed 390 days on her claim. Payment due from 15 May 1986 was made to her last week. Further weekly payments of £32.75 will continue to be made as they become due.