asked the Minister for Social Welfare if she will investigate the case of persons (details supplied) who are co-habiting and where he is in receipt of disability benefit and has not been allowed to claim her as a dependant while she has been refused unemployment assistance on the basis that she is being supported by her partner; whether this is standard procedure for dealing with people in such circumstances; the specific instructions, if any, which have been issued in relation to social welfare payments to persons co-habiting; and if she will make a statement on the matter.
Written Answers. - Social Welfare Benefits.
115.
The man concerned claimed disability benefit from 1 May 1986. Payment has been issued from 5 May 1986, the fourth day of incapacity, at the weekly rate of £39.50 the maximum personal rate payable, to 16 May 1986, the date of the latest medical certificate received.
The social welfare legislation provides that increases of social welfare payments are payable only for adult dependants who must either be (i) a spouse who is living with or being wholly maintained by the claimant or (ii) a person having care of one or more of the claimants children. In this case, the man concerned is not entitled to an increase for his wife as she is not living with, or being wholly or mainly maintained, by him. On the information presented to the Department in connection with the claim, neither was he entitled, on the criterion mentioned in the previous paragraph to an adult dependant increase for the woman he is living with.
Information which has separately come into the possession of the Department suggests that the women concerned may now have care of one of the children of her partner's previous marriage. His entitlement to an adult dependant increase for her is accordingly being reinvestigated.
The woman concerned claimed unemployment assistance from 9 October 1985 and following investigation her claim was disallowed on the grounds that her means, derived from the benefit of the earnings of the person with whom she is co-habiting, exceeded the statutory limit. She appealed against the disallowance and an appeals officer on 6 February 1986 assessed her with means of £37.65 which again exceeded the maximum rate of unemployment assistance payable. She again claimed unemployment assistance on 19 February 1986 and following reinvestigation her means were assessed at £41.90 weekly derived from the benefit of the earnings of the person with whom she is co-habiting and once again her claim was disallowed on the ground that her means exceeded the maximum rate payable in her case. The person also claimed disability benefit from 20 February 1986 to 22 April 1986. Payment was not authorised as one of the conditions for payment of that benefit is that at least 26 contributions be paid at the appropriate rate since entry into insurable employment and she did not satisfy this contribution condition. If her means are insufficient to meet her needs while here partner is in receipt of disability benefit, it is open to her to claim supplementary welfare allowance from the health board by contacting the local community welfare officer.
The assessment of means for unemployment assistance is a statutory requirement to be found in section 146 (i) (e) of the Social Welfare (Consolidation) Act, 1981, which provides that means for unemployment assistance purposes must take account of the yearly value of any benefit or privilege enjoyed by the claimant. This legislation covers many situations including where a person derives benefit from the earnings or income of a spouse or partner or head of household in which the claimant lives. The criteria used to determine the value of any benefit or privilege are designed to ensure that each case is decided fairly having regard to the standard of living of the household. In this context it is important to recognise that the unemployment assistance scheme is designed to cater only for people who are in financial need. The amount payable in any case is directly related to the applicant's financial circumstances.
116.
asked the Minister for Social Welfare when a person (details suplied) in County Wexford will receive payment of unemployment benefit.
Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit from 4 April 1986 but inquiries had to be made to ascertain the reason he ceased to be employed and whether he satisfied the condition of being available for work.
These inquiries were recently completed and his claim was allowed at the reduced weekly rate of £36.55 being the appropriate rate payable to a person with between 33 and 40 contributions paid or credited in the contribution year governing the claim. All arrears due on the claim will be paid to him this week.
Further inquiries are continuing regarding the apparent non-payment of contributions by his previous employer during the period June 1984 to October 1984. When these inquiries are completed the rate of unemployment benefit payable will be reviewed in the light of the outcome of the inquiries.
117.
asked the Minister for Social Welfare when a person (details supplied) in County Louth, will be granted a free telephone rental allowance.
An application for a free telephone rental allowance from the person concerned was approved with effect from 14 April 1986, the date she became 66 years of age. She was notified accordingly at that time.
Telecom Éireann are aware of the decision in the case and will arrange to apply the allowance to the applicants telephone account.
118.
Mr. Cowen
asked the Minister for Social Welfare the present position in relation to a person (details supplied) in County Offaly who has applied for disability benefit.
The person concerned claimed disability benefit from 12 March 1986. He is entitled to benefit at the weekly rate of £65.10, the maximum rate appropriate to a married man, and payment has issued to 20 May 1986, the date of the latest medical certificate received.
Pay-related benefit has also issued from 2 April 1986, nineteenth day of incapacity, at the weekly rate of £30.27, the maximum rate payable based on his earnings in the 1984-85 year which governs his claim.
Weekly deducations of £14.24 are being made in order to recover £129.69 advanced by the Midlands Health Board.
119.
asked the Minister for Social Welfare when a person (details supplied) in County Clare will be paid unemployment benefit.
Entitlement to unemployment benefit is subject to the condition that a claimant must have at least 26 contributions paid since entry into insurable employment and also have at least 26 paid or credited contributions in the contribution year governing the claim. The person concerned claimed unemployment benefit from 19 December 1985 and according to the Department's records he had no contributions paid or credited on his behalf.
However, the apparent non-payment of contributions by his former employer is at present under investigation and when inquiries in the matter are completed his entitlement to unemployment benefit will be determined. In the meantime the person concerned is being paid unemployment assistance at the appropriate maximum weekly rate payable in his case of £31.75.
120.
asked the Minister for Social Welfare if she will investigate the possibility of granting an invalidity pension to a person (details supplied) in Dublin 12 who was forced to retire early for health reasons and who wishes to qualify for the free travel allowance.
Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. It has not been possible from the information supplied to trace the RSI number or insurance number of the claimant. If an RSI number of insurance number can be quoted, this will enable claim to be identified and the information sought by the Deputy to be supplied.
121.
asked the Minister for Social Welfare if she will outline the circumstances which give rise to the payment of a non-contributory old age pension to a person (details supplied) in Dublin 12 as the person concerned does not have any other income, and if she will give a detailed reply as a matter of urgency.
Under the relevant legislation, the rate of old age pension, if any, payable to a person depends on the level of his means. In this case, the person concerned was in receipt of an old age pension of £13.40 a week, which was the rate appropriate to the assessment of his means consisting of the weekly value of his British retirement pension. His entitlement was recently reviewed in the light of increases in his British pension and his old age pension has been reduced to £11.40 a week, which is the rate appropriate to the latest assessment of his means consisting of the weekly value of his British pension.
122.
asked the Minister for Social Welfare when she will pay unemployment assistance to a person (details supplied) in County Wexford.
The person concerned claimed unemployment assistance from 16 January 1986 after he had drawn his maximum entitlement of 390 days unemployment benefit. He was paid unemployment assistance at the weekly rate of £75.90 up to 11 March 1986 on the basis of a qualification certificate issued in conjunction with a previous claim in 1982 showing means of £1.05. His case was reviewed in March 1986 and his 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 and arising from contentions made 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 of his entitlement to unemployment assistance as quickly as possible.
123.
asked the Minister for Social Welfare when she will pay social welfare benefit to a person (details supplied) in County Wexford.
It has not been possible to trace a benefit claim for the person concerned. If the RSI number can be quoted, this would enable the claim to be identified and the information sought by the Deputy to be supplied.
124.
asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry will not qualify for unemployment benefit as he has been signing on since 1 April.
In order to qualify for unemployment benefit a claimant engaged in a subsidiary employment must satisfy a special condition which requires him to have at least 78 paid contributions in a three year period before the date of claim or, alternatively, the remuneration or profit from the subsidiary employment must not exceed £2 a day.
The person concerned, who is a landholder, claimed unemployment benefit from 4 April 1986. He did not satisfy the special contribution requirement and inquiries are being made to establish if the profit from his holding exceeds £2 a day. These inquiries will be completed as soon as possible and his entitlement to unemployment benefit will then be determined.
125.
asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Meath.
Entitlement to unemployment assistance is dependent on a claimant being the holder of a qualification certificate and in order to obtain a qualification certificate a claimant must satisfy certain conditions including an assessment of means.
The person concerned claimed unemployment assistance from 3 March 1986 and her papers were referred to a social welfare officer for investigation of means. When these inquiries are completed her case will be submitted to a deciding officer for assessment of means.
The person concerned will then be informed of the decision on her entitlement to unemployment assistance as quickly as possible.
126.
asked the Minister for Social Welfare the reason for the refusal to pay unemployment benefit or unemployment assistance to a person (details supplied) in County Limerick despite the fact that she is available for work on a full time basis; if she will reconsider this decision; and if she will make a statement on the matter.
Entitlement to unemployment benefit is subject to the condition that a claimant must be available for employment.
The person concerned claimed unemployment benefit from 5 December 1985 and on the basis of the information available her claim was disallowed by a deciding officer on the grounds that she was not available for employment. She appealed against the disallowance and at an oral appeal hearing on 10 March 1986 she was given the opportunity of presenting her case. The appeals officer also decided that she was not available for employment and she was notified of that decision on 14 March 1986.
The person concerned made a further claim for unemployment benefit on 25 March 1986 and her claim was again disallowed by a deciding officer on the grounds that she was not available for employment. She appealed against this disallowance and following a second oral hearing of her case on 13 May 1986 the appeals officer again decided she was not available for employment. She was notified of this decision on 16 May 1986. She ceased to sign the unemployed register from 19 May 1986.
127.
asked the Minister for Social Welfare if she will expedite an appeal in respect of unemployment assistance for a person (details supplied) in County Westmeath.
Following an investigation of his unemployment assistance claim the means of the person concerned were assessed at £82.75 weekly, derived from profit from his holding and from the value of capital. He is, accordingly, entitled to unemployment assistance at the weekly rate of £1.90, being the appropriate maximum rate payable in his case of £84.65, less means of £82.75.
He appealed against the means assessment and arising from contentions raised by him in support of his appeal the case was returned to the social welfare officer for further inquiries. The inquiries, which were extensive, were recently completed and his case was submitted to an appeals officer for determination of means at the earliest possible opportunity.
His unemployment assistance entitlement will be reviewed in the light of the outcome of the appeal. In the meantime, weekly payments of £1.90 will continue as they become due.
128.
asked the Minister for Social Welfare if the correct rate of pay-related benefit has been paid to a person (details supplied) in County Kilkenny; and, if not, if she will arrange to have all arrears paid without further delay.
The relevant legislation provides that pay-related benefit cannot be added to flat rate benefit to an extent which would cause total weekly payments to exceed 75 per cent of average weekly earnings in the relevant income tax year.
In the case of the person concerned, the relevant income tax year is 1984-85 in which his average weekly earnings were £141.54, 75 per cent of which is £106.16. He is in receipt of flat rate benefit at the weekly rate of £102.40 and his pay-related benefit entitlement is, therefore, £3.76 per week. All benefit payable to the person concerned in respect of his claim has been issued to 26 April 1986, the day before he was certified fit to return to work.
129.
asked the Minister for Social Welfare if she will reinvestigate the possibility of having an increased rate of unemployment assistance paid to a person (details supplied) in County Kilkenny.
Following a review of his unemployment assistance claim in July 1985 the means of the person concerned continued to be assessed at £23.05 weekly, derived from the letting value of land. He is, accordingly, entitled to unemployment assistane at the weekly rate of £31.75 being the appropriate maximum rate payable in his case of £54.80, less means of £23.05. However, a further deduction of 50p weekly is being made to recover an overpayment thereby reducing his weekly entitlement to £31.25.
If the person concerned considers that his means have changed since the last investigation it is open to him to apply for a review of his means. A form for this purpose may be obtained at his local employment office. In the meantime further weekly payments of £31.25 will continue to be made as they become due.
130.
asked the Minister for Social Welfare if she is aware of the case of a person (details supplied) in County Cork who was disallowed occupational injury benefit on 17 January 1986 and appealed that decision at the time; that it will take until August 1986 before this man's appeal will be heard; if she will explain the delay in this case; and if she will ensure that the appeal is heard as soon as possible.
The person concerned was in receipt of disability benefit on an interim basis in respect of his claim for injury benefit from an alleged accident at work on 25 October 1985.
Follow his examination on 17 January by a medical referee, who expressed the opinion that he was capable of work, disability benefit was disallowed from 23 January. He appealed against the decision and was re-examined by a different referee on 14 March who confirmed the first opinion.
It has been decided to hold an oral hearing of the appeal. Owing to the large number of appeals awaiting attention at present it is not possible to indicate when the case is likely to be heard. The case will, however, be heard as soon as possible and it is considered that in the normal course it should be heard within six weeks or so.
131.
asked the Minister for Social Welfare the outcome of an appeal from a person (details supplied) in County Galway against the decision to reduce the rate of unemployment assistance paid to him.
Following a review of his unemployment assistance claim in February 1986 the means of the person concerned were assessed at £25 weekly, derived from the beneficial occupation of a holding. He is, accordingly, entitled to unemployment assistance at the weekly rate of £8.80 being the appropriate maximum rate payable in his case of £33.80, less means of £25.
He appealed against the means assessment and arising from contentions raised by him in support of his appeal his case was returned 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. In the meantime weekly payments of £8.80 will continue to be made as they become due.
132.
asked the Minister for Social Welfare the present position with regard to an appeal against a decision to refuse unemployment assistance to a person (details supplied) in County Galway who has been signing on the unemployment register for the past two months; and if she will have this appeal considered as quickly as possible with a view to restoring his unemployment assistance.
The unemployment assistance claim of the person concerned was disallowed by a deciding officer on the grounds that his means, derived from the profit from his holding, exceeded the statutory limit. There is no record in the Department of the receipt of an appeal against the disallowance. It is, however, still open to him to appeal and a form for this purpose may be obtained at his local employment office.
133.
asked the Minister for Social Welfare the reason a person (details supplied) in County Cork was refused unemployment benefit when she was available for employment and had registered at her local manpower office seeking employment but failed to get employment.
Entitlement to unemployment benefit is subject to the condition that a person must be available for and genuinely seeking employment. The person concerned claimed unemployment benefit during the period 12 November 1985 to 21 January 1986 and her claim was disallowed on the grounds that she was not available for employment.
She appealed against the disallowance and at an appeal hearing on 10 April 1986 the person concerned attended and was given an opportunity to present her case. The appeals officer also decided she was not available for employment and she was notified of this decision on 15 April 1986. She ceased to sign the unemployed register after 21 January 1986 when she claimed maternity allowance.