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Dáil Éireann debate -
Wednesday, 4 Jun 1986

Vol. 367 No. 5

Written Answers. - Social Welfare Benefits.

105.

asked the Minister for Social Welfare the provision which is made for a person (details supplied) in Dublin 3 who is on parole and does not qualify for unemployment benefit or supplementary welfare payments.

The person concerned is on temporary release from prison. While on temporary release, he is regarded as being still in legal custody for the purpose of the Social Welfare Acts and is, accordingly, not entitled to payment of unemployment benefit or unemployment assistance. However, if his means are insufficient to meet his needs, it is open to him to claim supplementary welfare allowance from his local community welfare officer. The wife of the person in question is, at present, in receipt of prisoners' wifes' allowance at the weekly rate of £79.10 in respect of herself and 3 dependent children. This will continue in payment until her husband is formally released from prison. At that stage, he will be entitled to claim unemployment benefit in respect of himself and his family.

106.

asked the Minister for Social Welfare if she will detail all the Social Welfare entitlements due to a person (details supplied) in Dublin 7 based on her long work service since 1969.

The person concerned has been in receipt of deserted wife's benefit since 1970. The current weekly rate payable to her is £57.40.

She claimed and was paid disability benefit from 20 April 1984 to 16 April 1985 based on her contributions in 1982-83. This entitlement ceased from 17 April 1985 as the contribution year governing her claim changed to 1983-84 and she had only ten reckonable contributions during that year. Disability benefit had been payable at half the single rate because of her entitlement to deserted wife's benefit.

The person concerned continued to submit medical certificates in respect of which she was awarded credited contributions until 22 October 1985 when she was considered to be capable of work by a medical referee of the Department. She was notified of her right to appeal against this decision but so far she has not done so. Her insurance record during 1984-85 qualifies her for disability or unemployment benefit during the current year 1986 should she satisfy the other conditions for entitlement to these benefits.

107.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Meath who is signing at Trim employment exchange.

The person concerned claimed unemployment assistance after his claim for unemployment benefit was disallowed on the grounds that he did not satisfy the relevant contribution conditions.

His unemployment assistance claim was referred to a social welfare officer for investigation of means. However, despite calling to the address quoted on his claim form on three separate occasions the social welfare officer failed to locate him. His local employment office has been requested to verify his correct address. When this is done the social welfare officer will call on him to investigate his means at the earliest possible date. The unemployment assistance entitlement of the person concerned will be determined in the light of the outcome of the means investigation.

108.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Meath who has been signing at Trim employment exchange since June 1985.

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

The person concerned claimed unemployment benefit from 10 June 1985 to 16 October 1985, from 29 November 1985 to 3 January 1986, from 13 January 1986 to 22 March 1986 and from 1 April 1986 to 12 April 1986. On each occasion inquiries had to be made to establish if he was available for and genuinely seeking work. The claimant failed to respond on several occasions to written inquiries by the local office in the matter and it was only on 23 April 1986 that a satisfactory reply was received. On the basis of information available a deciding officer disallowed his claims on the grounds that he was not available for employment. He was notified accordingly and of his right to appeal against the disallowances.

The person concerned made a further claim for unemployment benefit from 12 May 1986 and further inquiries are being made to establish if he now satisfies the necessary conditions for receipt of benefit. These inquiries will be completed as soon as possible and his entitlement to unemployment benefit from 12 May 1986 will then be determined.

109.

asked the Minister for Social Welfare the reason unemployment assistance payable to a person (details supplied) in County Meath was reduced from £33.80 to £23.80 per week.

Following a recent review of her unemployment assistance claim the means of the person concerned were assessed at £10 weekly, derived from the value of board and lodgings on a holding beneficially occupied by her brother. She is, accordingly, entitled to unemployment assistance at the weekly rate of £23.80 being the appropriate maximum rate payable in her case of £33.80, less means of £10.

It is open to her to appeal against the means assessment. A form for this purpose may be obtained at her local employment office. Further weekly payments of £23.80 will continue to be made as they become due.

110.

asked the Minister for Social Welfare when dental benefit will be approved for a person (details supplied) in County Meath.

A claim to dental benefit was received from the person concerned on 24 March 1986.

In order to qualify, a claimant must satisfy certain statutory contribution conditions one of which requires a person over 23 years of age to have had not less than 26 contributions paid or credited in the contribution year which governs the claim. The governing contribution year for claims made during 1986 is the 1984-5 contribution year from 6 April 1984 to 5 April 1985. According to the Department's available records the claimant had no contributions paid or credited in this period.

He was requested on 10 April 1986 to supply details of his employment, if any, in the 1984-5 contribution year but has so far not responded. When this information comes to hand his claim will be processed without delay.

111.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded an invalidity pension; if so, when; and the rate which will be payable.

The person concerned has been awarded an invalidity pension from 27 February 1986, at £74.70 per week, the rate appropriate to a married man under 66 years of age. 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 27 February 1986 to 23 July 1986 will be issued by payable order.

112.

asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Kilkenny against the decision allowing her disability benefit will be passed.

The person concerned was paid disability benefit to 31 December 1985 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 27 February 1986 who also expressed the opinion that she was capable of work.

Her appeal has been referred to an appeals officer who proposes to hold an oral hearing of her claim as soon as possible. It is not yet possible to give a specific date for the hearing due to the volume of appeals on hand. However the person concerned will be notified as soon as the final arrangements have been completed.

113.

asked the Minister for Social Welfare the reason for the delay in paying unemployment assistance to a person (details supplied) in County Cork.

Following a change of address, the unemployment assistance claim of the person concerned was reviewed and she was assessed with means of £20 weekly with effect from 5 February 1986 derived from benefit from the earnings of the person with whom she was residing. She was, accordingly, entitled to unemployment assistance at the weekly rate of £13.80 being the appropriate maximum rate payable in her case of £33.80, less means of £20.

When she later returned to her home address, she applied for a review of her means. Inquiries by a social welfare officer in the matter were completed recently and her means have been assessed at nil with effect from 27 March 1986. She is, therefore, entitled to unemployment assistance at the maximum weekly rate of £33.80. Weekly payments of £33.80 will commence this week. However, as the person concerned was in receipt of supplementary welfare allowance from the health board pending the outcome of the review, inquiries are being made as to the amount advanced to her. When the relevant details are obtained, a refund will be made to the health board out of arrears of unemployment assistance due and any balance will be paid to the claimant.

114.

asked the Minister for Social Welfare the reason for the delay in the payment of arrears of unemployment benefit to a person (details supplied) in County Westmeath; and when these arrears will now issue.

The person concerned claimed unemployment benefit from 27 March 1986. When she attended at the employment exchange on that date she stated that she had also been unemployed from 13 December 1985 to 31 December 1985. She did not sign the unemployed register for that period and she requested permission to sign retrospectively.

Inquiries had to be made to establish if she had good cause for the delay in claiming before her entitlement to benefit could be determined. These inquiries were recently completed and her claim was allowed at the maximum weekly rate appropriate in her case of £39.50. Her claim from 27 March 1986 was also allowed at the weekly rate of £39.50 following the completion of inquiries as to her entitlement.

Arrears of benefit due from 13 December 1985 to 31 December 1985 and from 27 March 1986 to 8 April 1986, when she ceased to sign the unemployed register, were issued to her last week.

115.

(Limerick West) asked the Minister for Social Welfare if she will arrange for the payment of unemployment benefit to a person (details supplied) in County Limerick.

The person concerned claimed unemployment benefit from 28 March 1986 and his claim was allowed at the appropriate maximum rate payable in his case of £39.50 weekly. Arrears due on the claim were paid on 15 April 1986 and weekly payments of £39.50 are continuing since then. The person concerned is not entitled to pay-related benefit as he has insufficient earnings in the income tax year 6 April 1984 to 5 April 1985, which governs the claim.

116.

(Limerick West) asked the Minister for Social Welfare the reason irregular payments are being made to a person (details supplied) in County Limerick who is in receipt of disability benefit.

All disability benefit payable from 27 March 1986, the fourth day of incapacity, to 19 May 1986, the date of the latest medical certificate received, has been issued to the person concerned. There was a delay initially in making payment on her claim as inquiries were necessary to establish her contribution record and, unfortunately, a further delay occurred because of an administrative error.

117.

(Limerick West) asked the Minister for Social Welfare when a decision will be made with regard to an appeal from a person (details supplied) in County Limerick in respect of the non-payment of disability benefit.

An appeals officer decided that the person concerned was not incapable of work within the meaning of the Social Welfare Acts during the period from 13 June 1985 to 26 November 1985 (the date of the latest medical certificate before him at that time) and is not entitled to be paid disability benefit in respect of that period. An appeals officer's decision is final and may only be altered in the light of new facts or fresh evidence.

The person concerned has continued to submit medical certificates and arrangements have been made to have him examined again by a medical referee on 12 June 1986. His claim will be reviewed in the light of the medical referee's report.

118.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who has been signing since 27 March 1986, for unemployment benefit will receive payment.

A person who leaves employment voluntarily without just cause is disqualified for receiving unemployment benefit for a period not exceeding six weeks.

The person concerned claimed unemployment benefit from 9 April 1986 and inquiries are being made to establish the reason why her employment terminated. As the reason for the termination of employment stated by the claimant is at variance with that stated by her employer the inquiries in this case are taking somewhat longer than normal. However, it is expected that the inquiries will be completed shortly.

Her claim has been allowed from 5 May 1986, the date following expiry of the six weeks period under inquiry, at the appropriate maximum weekly flat rate of £39.50 and arrears of benefit were paid to her last week.

Her entitlement to unemployment benefit from 9 April 1986 to 3 May 1986 will be reviewed in the light of the outcome of the current inquiries. Her entitlement to pay-related benefit is also being examined at present.

119.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny will receive a decision on her application for a contributory old age pension.

One of the qualifying conditions for receipt of a contributory old age pension requires a person to have a yearly average of at least 20 reckonable contributions over the period from the beginning of the 1953-54 contribution year or from her year of entry into insurance, whichever is the later, to the end of the last complete contribution year before reaching pension age.

The person concerned reached old age pension age on 24 August 1985. She submitted a claim for contributory old age pension on 26 March 1986. The Department's records show that she has a total of 389 reckonable contributions in the relevant period, which in her case, is from 6 July 1953 to 5 April 1985. This is equal to a yearly average of only 12 and, therefore, she does not qualify for a contributory old age pension. Her entitlement to a non-contributory old age pension is being investigated.

120.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kilkenny has been refused unemployment benefit as she was working in Fieldcrest until its closure, and then signed for credits for part of that year until she regained employment from January 1985 to July 1985.

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions paid or credited in the contribution year governing the claim. The person concerned claimed unemployment benefit from 8 May 1986. According to the Department's records she had only eight contributions paid and no credited contributions during the contribution year 6 April 1984 to 5 April 1985, which governs her claim from 8 May 1986. Accordingly, her claim for unemployment benefit was disallowed.

There is no record of the person concerned having signed the unemployed register at any time in the relevant contribution year. She has continued to sign the unemployed register from 8 May 1986 for credited contributions.

121.

Mr. Cowen

asked the Minister for Social Welfare the present position in relation to an application made by a person (details supplied) in County Offaly to be transferred from disability benefit to an invalidity pension.

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. Her entitlement to invalidity pension will be reviewed in the light of the report of this examination.

122.

asked the Minister for Social Welfare if the rate of unemployment benefit payable to a person (details supplied) in County Galway will be increased; and if she will be paid unemployment benefit for a longer period of time.

The weekly rate of unemployment benefit payable to a claimant is reduced after 156 days of benefit have been paid on a claim where the claimant does not satisfy the contribution condition of having 280 contributions paid in a seven year period prior to the claim.

The person concerned was paid flat rate unemployment benefit at the appropriate maximum weekly rate payable in her case of £34.70 up to 12 February 1986, when she had drawn 156 days benefit. As she did not satisfy the relevant contribution condition, her weekly flat rate benefit was reduced to £32.75 from 13 February 1986. Also, with effect from that date, she entered a lower phase of pay-related benefit and payment of this benefit was reduced accordingly from £9.91 to £7.93 weekly. Combined weekly payments of unemployment benefit and pay-related benefit amounting to £40.68 will continue to be made as they become due.

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 and, in addition, the weekly flat rate benefit payable to those claimants was increased to that applicable to other claimants.

The person concerned will, accordingly, be entitled to payment of benefit for 390 days on her claim provided she continues to prove unemployment. However, she does not qualify for the increased rate of benefit as she is being paid at the special reduced rate applicable to all claimants after 156 days where the claimant does not satisfy the contribution condition of having 280 contributions paid in the seven years prior to the claim.

123.

asked the Minister for Social Welfare if she will reinvestigate the claim for disability benefit made by a person (details supplied) in County Kilkenny who submitted certificates each week from 19 May 1985 to 1 July 1985 and received no payment whatsoever.

The person concerned claimed disability benefit from 20 May 1985 to 24 June 1985, when his claim was closed as no further medical certificates were received from him.

He was not entitled to payment of benefit initially as according to the available records he had less than the required minimum of 26 contributions paid or credited in 1983-84, the contribution year governing his claim.

Following inquiries it was established that he had 41 contributions credited in 1983-84. He was qualified for payment therefore, at the rate appropriate to a single man who has between 41 and 47 contributions in the governing contribution year.

All benefit payable to 24 June 1985 has now been issued to him. If he was ill and incapable of work up to 1 July 1985 he should forward the appropriate medical certificate and payment will be issued.

124.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cavan is receiving only £2.90 unemployment assistance per week.

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed with means of £28.85 derived from the profit from his holding. He is, accordingly, in receipt of unemployment assistance of £2.90 weekly being the appropriate maximum rate payable in his case of £31.75, less means of £28.85.

If the person concerned considers that his circumstances have changed since the last investigation of means it is open to him to apply for a review of his case. A form for this purpose may be obtained from his local employment office.

125.

asked the Minister for Social Welfare the reason a person (details supplied) in County Monaghan has not received an increase in his small farmers unemployment assistance and when a decision will be made on his appeal.

Following reinvestigation the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the profit from his holding and from the value of capital, exceeded the maximum rate payable in his case. He recently 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.

The inquiries were completed recently and his case was submitted to an appeals officer for determination. An oral hearing of the case is being arranged and the person concerned will be notified of these arrangements as soon as possible. His entitlement to unemployment assistance will be determined in the light of the outcome of the appeal.

126.

asked the Minister for Social Welfare if she will arrange to have a person (details supplied) in County Offaly, whose disability benefit was stopped on 26 May 1986, called before another referee.

Payment of disability benefit to the person concerned was disallowed from 26 May 1986 following examination by a medical referee who expressed the opinion that she was capable of work. Arrangements have been made to have her examined by a different medical referee on 11 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.

127.

asked the Minister for Social Welfare if she will arrange for the payment of unemployment benefit to a person (details supplied) in County Offaly who has been submitting documentation of unemployment for a number of months.

Following investigation of her unemployment assistance claim the means of the person concerned were assessed at £43.95 weekly, derived from benefit payable to her by the British Department of Health and Social Security. Her means, therefore, exceeded the maximum rate of unemployment assistance payable in her case. Her claim was disallowed and she was notified accordingly.

If the person concerned considers that her circumstances have changed since the last investigation of means it is open to her to apply for a review of her case. A form for this purpose may be obtained at her local employment office.

128.

asked the Minister for Social Welfare the reason a person (details supplied) in County Longford has had his rate of unemployment assistance reduced from £75.45 to £38.50 per week; and if she will reconsider his case as he is in very bad financial circumstances.

Following a review of his unemployment assistance claim the means of the person concerned were assessed at £38.50 weekly, derived from profit from his holding. He is, accordingly, entitled to unemployment assistance at the weekly rate of £38.45 being the appropriate maximum rate payable in his case of £76.95, less means of £38.50.

He recently appealed against the means assessment and arising from contentions raised by him in his appeal his case was returned to the social welfare officer for further inquiries. When these inquiries are completed his papers will be submitted to an appeals officer for determination at the earliest possible date. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal.

129.

asked the Minister for Social Welfare the reason arrears due from 1 April to 16 April 1986 were not paid to a person (details supplied) in County Longford.

The person concerned claimed disability benefit from 26 March 1986. Benefit was authorised from 29 March 1986, the fourth day of incapacity, at the weekly rate of £39.50, the maximum rate payable to a single man. All benefit payable has been issued to 27 May 1986, the date of the latest medical certificate received.

A list of all the cheques which have issued on this claim has been sent to the person concerned. If there are any which he has not received he should inform the Department accordingly, and arrangements may be made for the issuing of replacement cheques.

130.

asked the Minister for Social Welfare the up-to-date position regarding the most recent appeal by a person (details supplied) in County Kerry against the decision to refuse to pay him unemployment assistance having regard to his poor financial circumstances due to the bad harvest in 1985 and also due to the heavy losses which he incurred during the spring of 1986; and when this appeal will be decided.

When the person concerned had drawn his maximum unemployment benefit entitlement of 390 days on 25 January 1986 he claimed unemployment assistance. His unemployment assistance claim was disallowed on the grounds that his means, derived from profit from his holding, exceeded the statutory limit. He appealed against the disallowance and arising from contentions raised in support of his appeal his papers were returned to the social welfare officer for further inquiries. These inquiries will be completed as quickly as possible and his case will then be submitted to an appeals officer for determination at the earliest possible opportunity.

The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the outcome of the appeal.

131.

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

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from self-employment and from capital, exceeded the statutory limit.

He appealed against the disallowance and arising from contentions raised in support of his appeal his papers were referred to the social welfare officer for further inquiries. These inquiries were recently completed and his case has been submitted to an appeals officer for determination at the earliest available opportunity.

His entitlement to unemployment assistance will be determined in the light of the outcome of the appeal. The person concerned ceased to sign the unemployed register from 9 April 1986.

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