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Dáil Éireann debate -
Tuesday, 17 Jun 1986

Vol. 368 No. 1

Written Answers. - Social Welfare Benefits.

104.

asked the Minister for Social Welfare when an appeal will be heard for a person (details supplied) in County Limerick.

Following investigation, the unemployment assistance claim of the person concerned was disallowed on the grounds that her means, derived from the value of board and lodgings on her parents' holding, exceeded the maximum rate of unemployment assistance payable in her case.

She appealed against the disallowance and an appeals officer on 26 May 1986 assessed her with means of £25 weekly. She was, accordingly, entitled to unemployment assistance of £6.75 weekly, being the appropriate maximum rate payable in her case of £31.75, less means of £25. Arrears of unemployment assistance due to the person concerned for the period 10 September 1985 to 24 December 1985, after which date she ceased to sign the unemployed register, were paid to her on 5 June, 1986.

105.

asked the Minister for Social Welfare if a decision has been reached on the appeal of a person (details supplied) in County Offaly who is only in receipt of £20.40 per week unemployment assistance and who lodged the appeal in December, 1985.

Following a review of the unemployment assistance claim of the person concerned in April 1984, he was assessed with means of £13.40 weekly, derived from the value of board and lodgings on his parents' holding. He was, accordingly, entitled to unemployment assistance at the weekly rate of £20.40, being the appropriate maximum rate payable in his case of £33.80 less means of £13.40.

The person concerned did not appeal against the means assessment but he did ask for a review of his claim on 30 December 1985. His papers were referred to a social welfare officer for reinvestigation of means. These inquiries, which were protracted, were completed recently and his case was submitted to a deciding officer who assessed him with nil means from 30 December 1985. He is, accordingly, entitled to unemployment assistance at the maximum weekly rate of £33.80. All arrears of unemployment assistance due to the person concerned were paid to him on 13 June 1986 and further weekly payments of £33.80 will continue to be made as they become due.

106.

asked the Minister for Social Welfare if she will outline the way in which means of £61.42 per week were calculated against a person (details supplied) in County Kilkenny in his claim for unemployment assistance; and if she will reinvestigate his case with a view to having the maximum rate of unemployment assistance granted.

Following investigation of the unemployment assistance claim of the person concerned, he was assessed with means of £4,260 yearly — £4,160 derived from income from self-employment and £100 from profit from land. Accordingly, his claim was disallowed on the grounds that his means exceeded the statutory limit in his case of £4,095 per annum. He appealed against the disallowance and an appeals officer reduced his means to £3,195 per annum or £61.45 weekly. He is, accordingly, in receipt of unemployment assistance of £10.80 weekly, being the appropriate maximum rate payable in his case of £72.25, less means of £61.45.

The person concerned requested a review of his claim on 6 June 1986 and his papers have been referred to the social welfare officer for reinvestigation of his means. These inquiries will be completed as soon as possible and his case will then be submitted to a deciding officer for assessment of means. His entitlement to unemployment assistance will be reviewed in the light of that assessment. In the meantime, weekly payments of £10.80 will continue to be made as they become due.

107.

asked the Minister for Social Welfare if she will arrange to have an appeal lodged by a person (details supplied) in County Kilkenny processed as quickly as possible with a view to having his unemployment assistance increased to the maximum rate.

Following reinvestigation the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from income 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 £69.80 weekly. He is, accordingly, entitled to unemployment assistance of £2.45 weekly, being the appropriate maximum weekly short duration rate payable in his case of £72.25, less means of £69.80. However, the person concerned had been incorrectly paid at the weekly long duration rate, applicable after 390 days of unemployment, of £7.15, that is, £76.95 less means of £69.80.

The person concerned requested to have his claim reviewed on 17 April 1986 and his papers were referred to the social welfare officer for reinvestigation of means. His inquiries will be completed as soon as possible and his case will then be submitted to a deciding officer for assessment of means. His entitlement to unemployment assistance will be reviewed in the light of that assessment. In the meantime, weekly payments of £2.45 will continue to be made as they become due.

108.

asked the Minister for Social Welfare if she will grant an increase in unemployment assistance payments to a person (details supplied) in County Laois.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £90 weekly, derived from self-employment. He is, accordingly, in receipt of unemployment assistance of £4 weekly, being the appropriate maximum rate payable in his case of £94 less means of £90.

He appealed against the amount of means assessed against him 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 reviewed in the light of the outcome of the appeal.

109.

asked the Minister for Social Welfare if she is aware of the hardship arising from her refusal to pay living alone allowances to persons who do not receive pensions from her Department although in receipt of these from another EC country; if she will have this matter reviewed as a matter of urgency; and if she will make a statement on the matter.

Persons who are in receipt of social welfare pensions are entitled to a living alone allowance by way of an increase in pension if they are aged 66 or over and are living alone. The living alone allowance is one of a number of increases which may be granted in social welfare pensions in particular circumstances. Pensions payable from other countries are calculated in different ways depending on the scheme in question but there are no arrangements whereby elements of pension entitlement which are peculiar to one country are applied to pensions payable from other countries.

Where, however, a person who is entitled to a pension from another EC member state is also entitled to a prorata Irish pension under EC Regulation or to a non-contributory pension on the basis of means, a living alone allowance would be payable where the basic conditions for that allowance are fulfilled.

110.

asked the Minister for Social Welfare if she will arrange to have an oral appeal heard on behalf of a person (details supplied) in County Westmeath as fresh medical evidence has come to hand since the last hearing; and when it is likely that this appeal will be held.

The person concerned was in receipt of disablement benefit in respect of an accident at work which was terminated from 1 November 1985 following an examination by a specialist. She was also in receipt of disability benefit which was terminated from 2 December 1985 following examination by a medical referee who expressed the opinion that she was capable of work. The claimant appealed against the disallowance and was examined by a different medical referee who confirmed the earlier opinion given.

The case was considered by an appeals officer who after an oral hearing upheld the decisions including the disallowance of disability benefit to 27 February 1986, the date of the latest medical certificate before him. The decision of the appeals officer is final and conclusive in the absence of any new facts or fresh evidence.

The claimant continued to furnish medical certificates of incapacity. She has appealed against the decision not to pay disability benefit from 28 February 1986 and arrangements have been made to have her examined by a medical referee. The case will then be reviewed further. It is open to her to forward any available medical evidence she wishes to submit in this connection.

Question No. 111 withdrawn.

112.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is awaiting a living alone allowance for over ten weeks; and if she will make a statement on the matter.

The person concerned has been in receipt of a living alone allowance since 6 May 1982. He notified the Department this his living alone allowance book for the six months period commenced 3 April 1986, had not been delivered and, following inquiries, a replacement book was issued on 6 June 1986.

113.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is currently on a reduced rate of unemployment assistance; and the reason an investigation officer did not investigate his case prior to making the reduction.

Following a review of the unemployment assistance claim of the person concerned he was assessed with means of £16.30, derived from the value of board and lodgings on his parents' holding. The assessment was made on the basis of a report of an investigation of means carried out by a social welfare officer who visited the claimant's home on 28 April 1986. The person concerned is, accordingly, in receipt of unemployment assistance of £17.50 weekly, being the appropriate maximum rate payable in his case of £33.80, less means of £16.30.

He recently appealed against the means assessment and arrangements are being made to submit his case to an appeals officer for determination at the earliest available opportunity. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal.

114.

asked the Minister for Social Welfare when disability benefit will be restored to a person (details supplied) in County Kildare who has seven dependent children and who is in serious need of benefit.

The person concerned claimed disability benefit from 12 November 1977 and was paid to 3 May 1986. He did not attend for examination by a medical referee of the Department on 14 April 1986 and as a result payment of benefit was disallowed for the statutory period of six weeks.

The claimant's explanation has not been accepted as showing good cause for his non-attendance for examination. He was examined by a different medical referee on 9 June 1986 who found him capable of work. Disability benefit has been further disallowed from 9 June 1986 and he has been informed of this and of his right of appeal.

115.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 17 failed to qualify for assistance under the family income supplement scheme; if his case can be reviewed; and if she will make a statement on the matter.

A claim for family income supplement was received from the person concerned on 20 November 1985. The claim was disallowed on the ground that the weekly rate of supplement calculated in his case was less than £1, the minimum amount payable under the relevant legislation. The claimant was notified of the decision and the reason therefor on 10 December 1985.

The income limits applying to the family income supplement scheme were raised and certain other changes in the method of calculation were also made with effect from 10 April 1986 following the implementation of measures announced in the Budget.

Assuming that the income of the person concerned has not increased and that his circumstances have not altered he would qualify for a supplement should he renew his application for same. An application form for this purpose has been issued to him.

116.

asked the Minister for Social Welfare if the necessary inquiries in connection with the application for injury benefit made by a person (details supplied) in County Dublin have now been completed; if a favourable decision will now be given in the matter as soon as possible, in view of the urgent financial need of the applicant; and if she will make a statement to confirm that all necessary statements have been taken, including a statement from the applicant herself.

The person concerned claimed injury benefit on 6 January 1986 in respect of the period from 23 September 1985 for an accident at work on that date. Pending investigations her entitlement to disability benefit on an interim basis was considered. In the absence of contributions in the governing contribution year to 5 April 1984 reckonable for disability benefit she failed to qualify for disability benefit.

Inquiries made from the employers failed to confirm the accident at work and the question was investigated by a social welfare officer who interviewed the employers' representative and the claimant. It was accepted that an occupational accident giving rise to the incapacity had happened and also that good grounds existed for accepting the late claim for benefit.

Injury benefit had therefore been allowed and paid in respect of the maximum injury benefit period from 23 September 1985 to 22 March 1986. The beneficiary has also been advised of her right to claim disablement benefit.

117.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 17 is not being paid either unemployment benefit or assistance; and if she will make a statement on the matter.

The person concerned claimed unemployment benefit from 19 May 1986. Following inquiries, she was disqualified for receiving benefit for a period of six weeks from the date she was last employed on 10 May 1986 on the grounds that she had voluntarily left her employment without just cause.

She appealed against the disqualification on 6 June 1986 and arrangements are being made to have her case determined by an appeals officer at the earliest available opportunity. Following the expiry of the disqualification period on 21 June 1986 payment of unemployment benefit will issue to her at the appropriate maximum weekly rate, payable in her case, of £39.50.

118.

asked the Minister for Social Welfare if a review will be carried out for a peson (details supplied) in County Wexford of his rate of unemployment assistance in view of his recent change in circumstances.

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed with means of £24.10 weekly, derived from the value of capital. He is, accordingly, in receipt of unemployment assistance of £9.70 weekly, being the appropriate maximum rate payable in his case of £33.80, less means of £24.10.

He was recently issued with an appeal form and when the completed form is returned his case will be submitted to an appeals officer for determination at the earliest available opportunity. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal.

119.

asked the Minister for Social Welfare if she will expedite an appeal for unemployment benefit on behalf of a person (details supplied) in County Cork.

Following an investigation of his unemployment assistance claim the means of the person concerned were assessed at £74.35 weekly, derived from profit from his holding and from the value of capital. His means, accordingly, exceeded the maximum rate of unemployment assistance payable in his case and his claim was disallowed.

He appealed against the means assessment and his case was referred to an appeals officer for determination. However, the appeals officer has requested further information on the case before making a decision and his papers have been referred to the social welfare officer for further inquiries. These inquiries will be completed as soon as possible and the papers will then be re-submitted to the appeals officer for determination at the earliest possible opportunity. The entitlement of the person concerned to unemployment assistance will be determined in the light of the outcome of the appeal.

120.

asked the Minister for Social Welfare if she will expedite payment of unemployment assistance to a person (details supplied) in County Cork.

When the person concerned had drawn her maximum entitlement of 390 days unemployment benefit on 10 May 1986 she claimed unemployment assistance.

Her claim was referred to a social welfare officer for investigation of her means. The social welfare officer had difficulty initially contacting her at the address quoted. However, he will call on her shortly and when his inquiries are completed her case will be submitted to a deciding officer for assessment of means.

The entitlement of the person concerned to unemployment assistance will be determined in the light of the means assessment. In the meantime, if the means of the person concerned are insufficient to meet her needs it is open to her to claim supplementary welfare allowance by contacting the local community welfare officer.

121.

asked the Minister for Social Welfare the present position regarding an appeal for unemployment assistance for a person (details supplied) in County Cork.

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed with means of £31.70 weekly, derived from the profit from his holding. He is, accordingly, in receipt of unemployment assistance of £45.25 weekly, being the appropriate maximum rate payable in his case of £76.95 less means of £31.70.

The person concerned requested a review of his claim on 23 April 1986 and his papers were referred to the social welfare officer for reinvestigation of means. His inquiries in the matter will be completed as soon as possible and his case will then be submitted to a deciding officer for assessment of means. His entitlement to unemployment assistance will be reviewed in the light of the means assessment. In the meantime weekly payments of £45.25 will continue to be made as they become due.

122.

asked the Minister for Social Welfare the present position regarding an appeal for unemployment assistance for a person (details supplied) in County Cork.

Following a recent review of the unemployment assistance claim of the person concerned, he was assessed with weekly means of £52.85, derived from profit from his holding. He is, accordingly, in receipt of £31.80 weekly, being the appropriate maximum rate of unemployment assistance payable in his case of £84.65 less means of £52.85.

A form on which to appeal against the means assessment was issued to the person concerned on 4 June 1986. When the completed form is returned to his local office, his case will be submitted to an appeals officer for determination at the earliest available opportunity. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal.

123.

asked the Minister for Social Welfare if she will expedite an appeal for unemployment assistance on behalf of a person (details supplied) in County Cork.

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 failed to supply particulars of his home circumstances. He appealed against the disallowance of his claim and his papers were returned to the social welfare officer to afford the person concerned a further opportunity to fully disclose his means. However, he again refused to provide the necessary information.

His case is now being submitted to an appeals officer for determination at the earliest possible opportunity. The entitlement of the person concerned to unemployment assistance will be determined in the light of the outcome of the appeal.

124.

asked the Minister for Social Welfare the reason persons (details supplied) in County Cork are receiving a rent allowance of only £9 when their rent is £22 as, under the provisions of the supplementary welfare allowance scheme, they are entitled to claim an allowance of £20.50.

One of the persons concerned is in receipt of unemployment assistance of £33.80 a week; the other is in receipt of supplementary welfare allowance of £31.75 a week. It is understood from the Southern Health Board that the weekly rent supplement of £9 under the supplementary welfare allowance scheme was considered appropriate having regard to the amount which would be payable to a married couple in similar circumstances.

In the course of a review of the case the board was advised that an offer of local authority housing had been made to the persons concerned and had been refused. In the circumstances, the board decided to reduce the rent supplement to £5 weekly.

125.

asked the Minister for Social Welfare when she will pay the maximum rate of unemployment assistance to a person (details supplied) in County Wexford.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £1.25 weekly derived from the value of capital. He is, accordingly, in receipt of unemployment assistance of £32.55 weekly, being the appropriate maximum rate payable in his case of £33.80 less means of £1.25.

If the person concerned is of the opinion 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 office.

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