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Dáil Éireann debate -
Tuesday, 10 Jun 1986

Vol. 367 No. 8

Written Answers. - Social Welfare Benefits.

110.

asked the Minister for Social Welfare the outcome of an appeal by a person (details supplied) in County Kilkenny in relation to his claim for disability benefit.

The appeals officer, after holding an oral hearing at which the claimant was present, has decided that the person concerned was not incapable of work within the meaning of the Social Welfare Acts during the period from 14 May 1985 to 20 May 1986 (the date of the latest medical certificate before him at the time) and is not entitled to be paid disability benefit in respect of that period.

The person concerned has been informed of the appeals officer's decision.

111.

asked the Minister for Social Welfare the date on which a person (details supplied) in County Galway was informed that he would receive an oral hearing as part of the consideration of his appeal against the discontinuation of unemployment assistance; and the date on which the oral hearing will be held.

Following a review, the unemployment assistance claim of the person concerned 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 referred to the social welfare officer for further inquiries.

These inquiries, which were protracted, were completed recently and his case was submitted to an appeals officer for determination. An oral hearing of his case will be arranged at the earliest available opportunity and the person concerned will be informed of the arrangements in advance. His entitlement to unemployment assistance for the period during which he signed the unemployed register from 29 May 1985 to 15 June 1985 will be decided in the light of the outcome of the appeal. The person concerned was in receipt of unemployment benefit from 1 October 1985 to 25 March 1986, after which date he ceased to sign the unemployed register.

112.

asked the Minister for Social Welfare the reasons for the inordinate delay in the payment of disability benefit applied for in August 1985 in the case of person (details supplied) in County Tipperary especially as he claims that he is fully entitled to the benefit claimed; and if she will make a statement on the matter.

The person concerned is not qualified for benefit as regulations provide that where a claimant has no contributions paid or credited for any two consecutive contribution years preceding his claim, he cannot qualify for payment of disability benefit, or the award of credited contributions in respect of periods of incapacity for work, until he has a further 26 weeks of insurable employment for which the appropriate contributions have been paid.

According to the records of the Department, the person concerned had no contributions paid or credited in the years from 1955 to 1980 and has not had 26 weeks of insurable employment since that time. If his means are insufficient to meet his needs he may be entitled to supplementary welfare allowance and in this regard he should contact his local community welfare officer.

113.

asked the Minister for Social Welfare the reason for disallowing six weeks disability benefit to a person (details supplied) in County Laois in view of the fact that he notified her in advance that he would be absent from his home cutting turf.

Payment of disability benefit to the person concerned was disallowed for the statutory period of six weeks from 10 May 1986 as the Department is satisfied that he has not obeyed the rules of behaviour for a person claiming or in receipt of disability benefit during the period of his claim. A copy of the rules of behaviour was issued to him at the commencement of his claim and again on 23 October 1985 and unless these rules are observed by the person concerned payment of disability benefit cannot be issued in his case.

114.

asked the Minister for Social Welfare if she will consider granting an increase in unemployment assistance to a person (details supplied) in County Laois who is married with two children.

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

The person concerned claimed unemployment assistance from 30 December 1985 and was paid at the weekly rate of £45.25, being the appropriate maximum rate payable in his case of £72.25, less means of £27.

His claim was reviewed in April 1986 and on completion of inquiries by a social welfare officer his claim was disallowed from 30 December 1985 to 2 April 1986 on the grounds that he was not available for work during that period. As a result of the disallowance an overpayment of £610.90 has been assessed against him.

Following a reinvestigation of his means in connection with his claim he was assessed with nil means with effect from 4 April 1986. He is, accordingly, entitled to unemployment assistance at the maximum weekly rate appropriate in his case of £72.25 with effect from that date. Arrears of unemployment assistance due for the period from 4 April 1986 to 3 June 1986 of £234 were offset against the overpayment of £610.90 leaving a balance to be recovered of £376.90. This balance will be recovered in weekly instalments of £4 and weekly payments of £68.25 will be made to the person concerned, the first payment at that rate being made to him this week.

115.

asked the Minister for Social Welfare if she will arrange to have unemployment assistance paid to a person (details supplied) in County Wexford.

When the person concerned had drawn the maximum entitlement of unemployment benefit of 390 days on 30 April 1986 he claimed unemployment assistance.

Entitlement to unemployment assistance is dependent on the claimant being the holder of a qualification certificate and to obtain a qualification certificate a claimant must satisfy certain conditions including a means test.

The unemployment assistance claim of the person concerned 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 of his claim and his case was referred to an appeals officer for determination. He also decided that he failed to disclose his means and he disallowed his claim. He was notified accordingly.

If the person concerned is now prepared to disclose details of his means he should contact his local office and arrangements will then be made for a social welfare officer to visit him.

116.

asked the Minister for Social Welfare the reason unemployment benefit was refused to a person (details supplied) in County Wexford.

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 from 27 January 1986 but her claim was disallowed by a deciding officer on the grounds that she was not available for employment. There was no evidence to indicate that she was making genuine efforts to obtain employment.

She appealed against the disallowance of her claim and her case has been listed for oral hearing on 12 June 1986. She has been notified accordingly. Her entitlement to unemployment benefit to unemployment benefit will be reviewed in the light of the outcome of the appeal.

117.

asked the Minister for Social Welfare when an increase in payment of unemployment assistance will be made to a person (details supplied) in County Galway.

Following a review of the unemployment assistance claim of the person concerned he was assessed with means of £78.85 weekly, derived from profit from his holding. He is, accordingly, entitled to unemployment assistance at the weekly rate of £13.50 being the appropriate maximum rate payable in his case of £92.35, less means of £78.85.

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. The social welfare officer will be calling on him within the next few weeks in connection with these inquiries.

When the social welfare officer completes his report the case will be submitted to an appeals officer for determination at the earliest possible opportunity. The unemployment assistance entitlement of the person concerned will be reviewed in the light of the outcome of the appeal. In the meantime, weekly payments of £13.50 will continue to be made as they become due.

118.

asked the Minister for Social Welfare if she will make a statement regarding the present position on the application for disability benefit of a person (details supplied) in County Dublin; and if approval will now be given finally to this application.

The person concerned claimed disability benefit from 23 July 1985 and payment has been issued to 7 June 1986 the date of the latest medical certificate received. His weekly rate of payment is £93.70 less £7.90 which is being deducted to offset against an overpayment of £594.50 incurred by the person concerned on other claims. A total of £224.04 has been recovered to date and a balance of £370.46 is still outstanding.

The person concerned has made an application for invalidity pension and in order to be considered for transfer to this scheme he has to be considered permanently incapable of work. In this regard he was examined by a medical referee of the Department on 13 May 1986 who expressed the opinion that the person concerned was not permanently incapable of work and accordingly is not qualified for invalidity pension at this time.

119.

asked the Minister for Social Welfare the entitlements which are due to persons (details supplied) in Dublin 1; and when the appropriate payments will be made.

The man concerned is being paid unemployment assistance since October 1985 on the basis of a qualification certificate showing means of £21 weekly, derived from benefit from his wife's earnings. His weekly payment has been £35.40, that is the maximum short duration rate of £56.40 payable to a man with an adult dependant, less means of £21.

It recently came to light that he should have been in receipt of the long duration rate of unemployment assistance since 19 February 1986 after he had been receiving unemployment assistance for 390 days. Therefore, his correct unemployment assistance entitlement is £39.15 weekly, being the appropriate maximum long duration rate payable in his case of £60.15 less means of £21. Payment of arrears due to him from 19 February 1986 will be made this week.

He recently applied for a review of his means and his case was referred to a social welfare officer for inquiries. She is expected to complete her inquiries this week and the case will then be submitted to a deciding officer for determination of means. The man concerned will then be informed of his unemployment assistance entitlement as quickly as possible.

In the meantime, further weekly payments of £39.15 will continue to be made to him as they become due. It has not been possible from the information supplied to trace a disability benefit claim for the wife of the man concerned. If her RSI number can be quoted this will enable the claim to be identified and the information sought by the Deputy to be supplied.

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