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Dáil Éireann debate -
Tuesday, 1 Jul 1986

Vol. 368 No. 8

Written Answers. - Social Welfare Benefits.

179.

asked the Minister for Social Welfare when a person (details supplied) in County Monaghan will receive a retirement pension.

There is no record of receipt of a claim for retirement pension from the person concerned. A claim form has been sent to him for completion and his entitlement will be examined when he returns the completed form to the Department.

180.

asked the Minister for Social Welfare if a person (details supplied) in Dublin 3 is entitled to optical benefit in view that she has been unemployed since 1980, but has been contributing £6.38 per week PRSI from her pension.

A claim to optical benefit was received from the person concerned on 29 May 1986. In order to qualify for optical benefit a claimant must satisfy certain statutory contribution conditions one of which requires a person over 21 years of age to have had not less than 26 reckonable contributions paid or credited in the contribution year which governs the claim. The governing contribution year for claims made during 1986 is the 1984-85 contribution year from 6 April 1984 to 5 April 1985. According to the Department's available records the claimant had only 21 contributions (credited) in this period. She was not, therefore, qualified for optical benefit and she was informed of the position on 3 June 1986.

PRSI contributions at Class K rate have, since her retirement in 1980, been paid on behalf of the person concerned in respect of an occupational pension from her last employer. Contributions at Class K however give entitlement only to benefits under the Health Acts and are not reckonable for optical benefit purposes under the Social Welfare Acts.

181.

asked the Minister for Social Welfare when a second appeal for disability benefit will be heard for a person (details supplied) in County Carlow.

The person concerned was paid disability benefit to 1 February 1986 after which date payment was disallowed following an examination by a medical referee who expressed the opinion that he was capable of work.

He appealed against the disallowance of benefit and was examined by a different medical referee on 9 April 1986 who also expressed the opinion that he was capable of work. His appeal has been referred to an appeals officer who proposes to hold an oral hearing of his claim as soon as possible.

182.

Mr. Cowen

asked the Minister for Social Welfare if a person (details supplied) in County Offaly is in receipt of the maximum rate of unemployment benefit payment for a married man with two children; and if he will explain the way in which his present rate is calculated.

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

The person concerned claimed unemployment benefit from 3 March 1983 and he was paid at the maximum rate appropriate for a married man with an adult dependant and two child dependants up to 4 September 1983 when he had drawn 156 days of benefit. As he did not satisfy the contribution condition of having 280 contributions paid in the seven years prior to the claim he was paid at the appropriate special reduced rate of benefit with effect from 5 September 1983.

On 7 January 1984 one of his children reached 18 years of age and he was no longer entitled to claim an increase of benefit in respect of that child. His weekly benefit entitlement was reduced accordingly. He ceased to sign the unemployed register in February 1984.

The person concerned was paid disability benefit from February 1984 to 21 May 1986 at the maximum rate appropriate for a married man with an adult dependant and one child dependant. He again claimed unemployment benefit from 22 May 1986 and as this claim linked with his previous unemployment benefit claim it was again authorised at the special reduced rate of £64.55 weekly — comprised of the personal rate of £32.75, an adult dependant increase of £23.65 and a child dependant increase of £8.15.

Further weekly payments of £64.55 will continue to be made as they become due.

183.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway, who became unemployed on 8 May following redundancy from a post which had a gross salary of £126 per week is only in receipt of £38 per week unemployment benefit; and if she will make immediate arrangements to have this benefit increased.

The person concerned claimed unemployment benefit from 20 May 1986 and his claim was allowed at the weekly flat rate of £38.05, this being the appropriate rate payable to a person with between 41 and 47 contributions paid or credited in the contribution year governing the claim. According to the Department's records he had 23 paid contributions and 22 credited contributions during the governing contribution year from 6 April 1984 to 5 April 1985.

The person concerned is not entitled to pay-related benefit as he had insufficient earnings in the relevant income-tax year from 6 April 1984 to 5 April 1985.

184.

asked the Minister for Social Welfare if she will consider suspending recovery of overpayments from a disability benefit recipient (details supplied) in County Wexford; and if she will have the matter fully reinvestigated by a social welfare officer in view of the fact that the Garda and the supermarket in question accept that the recipient is not responsible for the overpayment.

The person concerned claimed disability benefit from 5 July 1985.

He notified the Department that he did not receive payment for the period from 16 December 1985 to 28 December 1985, which had been issued to his address, and a replacement cheque was issued to him on 10 February 1986.

The original cheque was returned to the Department cashed, and endorsed with his signature, and deductions of £4.82 are currently being made from his disability benefit in order to recover the overpayment of £115.78.

An inspector will visit the claimant and the supermarket at an early date and the position will be further reviewed in the light of his report.

185.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded continued payments of unemployment benefit, in view of his continuous record of contributions and credits.

A person who has drawn his maximum entitlement to unemployment benefit cannot requalify for benefit until he has a further 13 weeks of employment which is insurable at a contribution class which provides cover against unemployment. Weeks of insurable employment after 156 days of benefit have been drawn are counted for this purpose.

The person concerned claimed unemployment benefit intermittently from 28 November 1983 to 8 May 1986, at which time he had drawn his maximum entitlement of 390 days.

In order to determine continued entitlement to payment of benefit beyond that date inquiries had to be made to establish if contributions paid in respect of employment after 156 days benefit had been drawn should have been at a class which provided cover against unemployment. These inquiries, which were necessary in view of the casual nature of the employment involved, will be completed as soon as possible. His entitlement to continued payment of benefit from 9 May 1986 will be determined in the light of the outcome of the inquiries.

The person concerned has been advised to claim unemployment assistance pending the outcome of the inquiries regarding his unemployment benefit entitlement.

186.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who applied for unemployment assistance six weeks ago, and who has been visited by the social welfare officer will receive payment.

Following investigation of the unemployment assistance claim of the person concerned he has been assessed with means of £3.10 weekly, derived from the value of capital. He is, accordingly, entitled to unemployment assistance at the weekly rate of £28.65, being the appropriate maximum rate payable in his case of £31.75 less means of £3.10. All arrears due on his claim from 17 April 1986 will be paid to him this week and further weekly payments of £28.65 will continue to be made as they become due.

187.

asked the Minister for Social Welfare when unemployment assistance or benefit payments will be made to a person (details supplied) in County Wexford; and if she will clarify his exact entitlement.

A person who has drawn his maximum entitlement to unemployment benefit cannot requalify for benefit until he has a further 13 weeks of employment which is insurable at a contribution class with provides cover against unemployment.

The person concerned was in receipt of unemployment benefit from 26 November 1984 to 25 May 1985 when he had drawn his maximum entitlement of 156 days, this being the maximum duration appropriate in the case of a claimant under 18 years of age. To requalify for benefit he will require a further 13 contributions paid in respect of insurable employment.

In order to be eligible for payment of unemployment assistance a claimant must have attained the age of 18 years. The person concerned did not reach 18 years of age until 20 April 1986. Consequently he was not entitled to claim unemployment assistance from 27 May 1985 to 19 April 1986. During this period he signed the unemployed register for credited contribution purposes. His unemployment assistance claim from 20 April 1986 was referred to a social welfare officer for investigation 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. The entitlement of the person concerned to unemployment assistance from 20 April 1986 will be determined in the light of the means assessment.

188.

asked the Minister for Social Welfare when a decision will be given on an unemployment assistance appeal on behalf of a person (details supplied) in County Donegal.

Following a review, the unemployment assistance claim of the person concerned was disallowed in February 1986 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 he was given a further opportunity to fully disclose his means. Following an investigation of his case by a social welfare officer he was assessed with means of £7.30 weekly, derived from his employment as a fisherman, with effect from 12 February 1986.

He is, accordingly, entitled to unemployment assistance of £51.05, being the appropriate maximum rate payable in his case of £58.35 less means of £7.30. All arrears due, less the amount of supplementary welfare allowance advanced to him pending a decision on his claim, will be paid to him this week and further weekly payments of £51.05 will continue to be made as they become due.

189.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford who has appealed a decision relating to his unemployment assistance claim will be facilitated with an oral hearing; and if so, when; and if she will ensure that an oral hearing is granted in view of the details relating to his circumstances.

Following investigation, the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the profit from his holding, exceeded the statutory limit. He appealed against the disallowance on 13 June 1986 and, arising from contentions raised by him in support of his appeal, his papers have been 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. While it is a matter for the appeals officer, in accordance with regulations, to decide whether the grant of an oral hearing is appropriate, nevertheless the request for an oral hearing in this case will be brought to his attention. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the outcome of the appeal.

190.

asked the Minister for Social Welfare her views on people who are working in the Government's social employment scheme paying PRSI; if that is the Government's intention; and, if so, the way in which she justifies this.

In accordance with legislation persons employed under the social employment scheme are insurable only for occupational injuries benefit. This is the type of insurance cover that also applies to employment under schemes promoted by AnCO and the Youth Employment Agency, the intention being that the insurance position of social employment and training schemes should be broadly similar.

However, any persons who were entitled to credited contributions immediately prior to participation in the scheme continue to have such entitlement and these credits are reckonable for all benefits.

191.

asked the Minister for Social Welfare the reason a person (details supplied) in County Dublin is only in receipt of £34.95 social assistance on which she finds it impossible to live.

When the person concerned had drawn her maximum entitlement to unemployment benefit she claimed unemployment assistance from 5 December 1985. Following an investigation of her means by a social welfare officer she was assessed with nil means by a deciding officer with effect from 5 December 1985. She is, accordingly, in receipt of unemployment assistance of £34.95, being the maximum weekly rate appropriate to a single person residing in an urban area.

192.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway whose appeal to be granted unemployment assistance was allowed up until 8 April was not allowed up to 15 May the date of the appeal hearing; the evidence she has that she was available for work after 8 April; and if she will now accept that she is available for work and that she should be paid unemployment assistance from 8 April.

The unemployment benefit claim of the person concerned was disallowed from 8 January 1986 on the grounds that she was not available for employment. She appealed against the disallowance of her claim and she attended an oral hearing of her case on 15 April 1986. The appeals officer allowed her claim from 8 January 1986. Arrears of flat rate unemployment benefit and pay-related benefit due to her for the period 8 January 1986 to 8 April 1986 were issued to her on 5 June 1986 and 10 June 1986 respectively.

The person concerned failed to sign the unemployed register after 8 April 1986 but when she attended at the local office on 23 June 1986 she requested permission to sign retrospectively as unemployed for the period 9 April 1986 to 22 June 1986. Her case has been submitted to a deciding officer for consideration as soon as possible.

Her entitlement to payment of benefit for the relevant period will be determined in the light of the decision of the deciding officer.

Combined weekly payments of flat rate unemployment benefit and pay-related benefit amounting to £45.10 are continuing since 23 June 1986.

193.

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

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed with means of £20.25 weekly. He is, accordingly in receipt of unemployment assistance of £13.55 weekly, being the appropriate maximum rate payable in his case of £33.80 less means of £20.25.

He requested a review of his means on 19 May 1986 and his papers were referred to a social welfare officer for reinvestigation of his means. This investigation will be completed as soon as possible and his case will then be submitted to a deciding officer for assessment of means. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of that assessment.

194.

asked the Minister for Social Welfare if she will make a statement giving details of the social welfare payments under any category, paid to a person (details supplied) in County Dublin, from 28 April 1985 to date.

The person concerned claimed disability benefit on 29 April 1985. Benefit was authorised from 2 May 1985 fourth day of incapacity at the weekly rate of £32.75, the maximum rate for a married woman. Pay related benefit was also authorised from 20 May 1985, nineteenth day of incapacity at the weekly rate of £15.66. Payment issued to 29 April 1986 when the claimant's entitlement to benefit was exhausted. Total payments were as follows:

Disability Benefit

From

To

Total paid

2 May 1985

29 April 1986

£1,780.17

Pay related Benefit

From

To

Total paid

20 May 1985

29 April 1986

£689.64

Where a person has less than 156 contributions paid since entry into insurable employment, entitlement to disability benefit is limited to 52 weeks.

According to the records of the Department the person concerned has only 136 contributions paid since entry into insurable employment. Accordingly, her entitlement to benefit was exhausted on 29 April 1986.

In order to requalify for disability benefit it will be necessary for her to have at least a further 13 weeks of insurable employment for which the appropriate contributions are paid.

195.

Mr. Moynihan

asked the Minister for Social Welfare when a disability pension will be paid to a person (details supplied) in County Cork.

Invalidity pension has been awarded from 8 May 1986. A pension book payable from 21 August 1986 will be issued to the designated post office of payment. Arrears in respect of the period from 8 May 1986 to 20 August 1986 less the amount of disability benefit paid during that period will be paid by payable order.

196.

asked the Minister for Social Welfare when a person (details supplied) in County Carlow will receive unemployment assistance.

The unemployment assistance claim of the person concerned 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 on 20 May 1986 and, arising from contentions raised by him in support of his appeal, his papers have been referred to the social welfare officer for further inquiries.

These inquiries will be completed as soon as possible and his case will then be submitted to an appeals officer for determination at the earliest available opportunity. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the outcome of the appeal.

197.

asked the Minister for Social Welfare if she will expedite a free telephone allowance for a person (details supplied) in County Roscommon, and the reason for the delay.

To qualify for a free telephone rental allowance, a person in receipt of a qualifying payment must be living alone or only with children under 15 years of age or other persons who are so permanently incapacitated as to be unable to summon aid in an emergency.

The person concerned applied for the allowance in December 1984 and the case was referred to a local officer of the Department to confirm that she is living alone. Repeated efforts were made to contact her but according to investigations she has not been resident at the state address for some time. Accordingly, a decision on her application could not be given.

The local officer has again been asked to attempt to contact the applicant. On receipt of his report, a decision will be given in the case and she will be notified of the outcome.

198.

asked the Minister for Social Welfare the reason for delay in dealing with the unemployment assistance claim from a person (details supplied) in County Laois.

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 21 June 1984 and his claim was disallowed on the grounds that he was not genuinely seeking work. He appealed against the disallowance and attended an oral hearing of his case on 17 January 1985. The appeals officer also decided that he was not genuinely seeking work.

The person concerned has continued to sign the unemployed register but he has not to date produced any further evidence of efforts to obtain employment. Consequently his claim has continued to be disallowed.

He has now been requested to attend at his local office for interview in order to establish if he satisfies the condition of being available for and genuinely seeking work. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the current inquiries.

199.

asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Clare for the maximum rate of unemployment assistance will be completed.

The appeal of the person concerned against the means assessment of £10.25 weekly, derived from the value of board and lodgings on his parents' holding, was dealt with by an appeals officer on 19 June 1986. He reduced the means assessment to £7.70 weekly with effect from 4 December 1985. The person concerned is, accordingly, entitled to unemployment assistance of £26.10 weekly, being the appropriate maximum rate payable in his case of £33.80 less means of £7.70.

He has been requested in writing to call to his local office where an adjusting payment in respect of arrears of unemployment assistance due for the period 4 December 1985 to 17 May 1986 will be made to him. The person concerned ceased to sign the unemployed register with effect from 19 May 1986.

200.

asked the Minister for Social Welfare when she will approve an unemployment assistance appeal from a person (details supplied) in County Donegal.

Following a review of the unemployment assistance claim of the person concerned, he was assessed with means of £50 weekly, derived from the profit from his holding. He appealed against the means assessment but an appeals officer also assessed his means at £50 weekly and he was notified accordingly. He is, therefore, in receipt of unemployment assistance at the weekly rate of £17.05, being the appropriate maximum rate payable in his case of £67.05 less means of £50.

The person concerned recently requested a further review of his means and his papers have been re-submitted to the social welfare officer for further inquiries. 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, further weekly payments of £17.05 will continue to be made as they become due.

201.

asked the Minister for Social Welfare when she will approve an unemployment assistance appeal from a person (details supplied) in County Donegal.

Following a review of the unemployment assistance claim of the person concerned he was assessed with means of £8.40 weekly, derived from the benefit of board and lodgings on his parents' holding. He appealed against the means assessment but an appeals officer also assessed his means at £8.40 weekly and he was notified accordingly. He is, therefore, in receipt of unemployment assistance at the weekly rate of £25.40 being the appropriate maximum rate payable in his case of £33.80 less means of £8.40.

The person concerned recently requested a further review of his means and his papers have been resubmitted to the social welfare officer for further inquiries. 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, further weekly payments of £25.40 will continue to be made as they become due.

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