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Dáil Éireann debate -
Thursday, 29 May 1986

Vol. 367 No. 3

Written Answers. - Social Welfare Benefits.

52.

(Limerick West) asked the Minister for Social Welfare if she will expedite a decision as outlined in parliamentary Question No. 212 of the 8 April 1986; and when a decision will be made.

Inquiries have not yet been completed in the matter of the apparent nonpayment of contributions in this case by the former employer of the person concerned. However, it is expected that the inquiries will be completed shortly and her entitlement to unemployment benefit from 30 September 1985 will then be reviewed.

53.

Mr. Cowen

asked the Minister for Social Welfare when a person (details supplied) in County Offaly will receive payment of an invalidity pension as he is presently on long term disability benefit.

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.

54.

asked the Minister for Social Welfare if she will give details of the income assessed against a person (details supplied) in County Galway whose unemployment assistance has been reduced; and if she will accept this request as an appeal with a view to having an immediate reconsideration of the application carried out and the amount of assistance to its original level.

The person concerned was in receipt of unemployment assistance at the weekly rate of £24.55 based on means of £33.80 up to 20 November 1985, when his wife died. After that date he ceased to be entitled to an adult dependant increase. The revised maximum entitlement in his case was £33.80 which equaled the weekly means assessment. Consequently he was not entitled to payment and his claim was disallowed.

He made a further claim from 2 December 1985 and following investigation of his claim by a social welfare officer his means were assessed at £27.30 weekly, derived from profit from his holding. He is, accordingly, entitled to unemployment assistance at the weekly rate of £6.50 being the appropriate maximum rate payable in his case of £33.80, less means of £27.30

A form on which to appeal against the means assessment has been issued to the person concerned and when the completed form is returned his case will be submitted to an appeals officer for determination at the earliest possible opportunity. He will be informed of the outcome of his appeal and of the decision on his entitlement to unemployment assistance.

55.

asked the Minister for Social Welfare when a person (details supplied) in County Kerry will be called before an independent medical referee in support of her appeal against the decision to discontinue payment of her social welfare disability benefit.

Payment of disability benefit to the person concerned was disallowed from 13 May 1986 following examination by a medical referee who expressed the opinion that she was capable of work.

She appealed against the disallowance and arrangements have been made to have her examined by a different medical referee on 9 June 1986.

Her entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

56.

asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford was not paid unemployment benefit until February 1986 despite the fact she started signing in September 1985 and her circumstances had not changed.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work.

The question as to whether a claimant satisfies the condition of being available for and genuinely seeking work is decided by statutorily appointed deciding officers and appeals officers. The criteria they use are broadly whether a genuine desire and intention to obtain work in present, whether commitments exist which might limit the person's freedom to accept, or might prevent acceptance of, full time employment which would normally be suitable and whether restrictions are being imposed by the person on the kind, place or hours of employment acceptable, any of which would unreasonably diminish the person's prospects of obtaining work. The decisions on availability are made through the interpretation and application of any or all of these broad criteria in the light of, and in relation to, the whole facts and evidence in each particular case.

The person concerned was last employed in September 1985. When she claimed unemployment benefit she indicated that she left her employment voluntarily and she made no genuine efforts to obtain alternative employment. She claimed unemployment benefit on four separate occasions: from 9 September 1985, from 23 October 1985, from 2 January 1986 and from 20 February 1986. Her first three claims were disallowed by a deciding officer on the grounds that she was not available for work. She appealed against the deciding officer's decision on each occasion but an appeals officer also decided that she was not available for work in connection with two of the claims and in the third case she failed to attend the oral appeal hearing.

Her claim from 20 February 1986 was also disallowed by a deciding officer on the grounds that she was not available for work. She appealed against the disallowance and following a hearing of her case on 3 April 1986 the appeals officer allowed her claim to benefit from 20 February 1986.

The person concerned is in receipt of social assistance allowance and her unemployment benefit claim was allowed at £19.75 weekly, the appropriate weekly flat-rate unemployment benefit payable to a person in receipt of the maximum rate of social assistance allowance. In addition pay-related benefit is also payable at £25.28 weekly. Arrears due from 20 February 1986 have been paid to her and further weekly payments of £45.03 are continuing.

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