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Dáil Éireann debate -
Thursday, 3 Jul 1986

Vol. 368 No. 10

Written Answers. - Social Welfare Benefits.

98.

asked the Minister for Social Welfare when a living alone allowance will be allocated to a person (details supplied) in County Dublin who applied some time ago.

The person concerned is in receipt of an old age contributory pension and a living alone allowance. His living alone allowance book containing uncashed orders for the period from 1 November 1985 to 28 March 1986 was received in the Department on 19 June 1986 without any covering explanation. An inquiry was sent to him on 23 June 1986 but no reply has been received to date. However, in view of the Deputy's question the amount of the allowance for the period involved will be issued to him in the next few days.

99.

asked the Minister for Social Welfare the reason for the delay in payment of unemployment assistance to a person (details supplied) in County Cork who has a large family and has a small family holding; if she will have payment expedited as she is aware of the serious position of the family from the investigations which have been carried out; and if she will make a statement on the matter.

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

The person concerned claimed unemployment assistance from 19 May 1986 and his papers were referred to a social welfare officer for investigation of 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 as quickly as possible.

The entitlement of the person concerned to unemployment assistance will be determined in the light of the means assessment.

While every effort is being made to process all claims received in the Department with the minimum of delay, nevertheless, due to the large volume of claims received there is an inevitable delay in dealing with some cases. Delays are more likely to arise where means testing is involved as in the case of unemployment assistance. In such cases a social welfare officer must visit the claimant's home to investigate the means and in many such cases, especially in relation to farmers, he must obtain details or confirmation of certain items of means from other bodies. For instance in this case the social welfare officer is awaiting a reply from the Agricultural Credit Corporation regarding a loan made to the claimant before he can finalise his report.

It is understood that the person concerned is at present receiving supplementary welfare allowance from the health board.

100.

asked the Minister for Social Welfare when the maximum rate of unemployment assistance will be paid to a person (details supplied) in County Cork who has a wife and one child; and the reason he has not been paid the maximum rate for the last two years.

Following investigation of the unemployment assistance claim of the person concerned in June 1982, he was assessed with means of 80p weekly derived from the value of capital. He is, accordingly, in receipt of unemployment assistance of £66.25 weekly, being the appropriate maximum rate payable in his case of £67.05 less means of 80p. The person concerned did not appeal against the means assessment although he was advised of his right to appeal and he has not subsequently requested a review of his case.

Arrangements have now been made with his local office to issue a form to him on which he can apply for a review of his case. When the completed form is returned his case will be referred to a social welfare officer for reinvestigation of his means. When the social welfare officer completes his report the case will then be submitted to a deciding officer for reassessment of means. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the reassessment of means.

101.

asked the Minister for Social Welfare the reason for the delay in the payment of unemployment benefit to a person (details supplied) in County Cork who has been signing at the local exchange for the last two months, has been unable to find any employment, if she will pay unemployment benefit and all outstanding arrears; and if she will make a statement on the matter.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit from 21 May 1986 and inquiries had to be made to establish that he fulfilled the condition of being available for work before his entitlement to unemployment benefit could be determined.

These inquiries, which proved to be protracted, were recently completed and his claim has been allowed at the weekly flat rate of unemployment benefit of £74.50, being the maximum rate payable to a claimant with an adult dependant and one child dependant. In addition he is entitled to pay-related benefit at the weekly rate of £40.50 from 11 June 1986.

All arrears of unemployment benefit and pay-related benefit due will be paid to him this week and further combined weekly payments of £115 will continue to be made as they become due.

102.

asked the Minister for Social Welfare the reason unemployment benefit has not been paid to a person (details supplied) in County Cork who was made redundant in October 1985, had to go on maternity allowance on 4 March ending 4 May, reapplied for unemployment benefit, sought a number of jobs but failed to find employment, has reapplied; if she will pay her; and if she will make a statement on the matter.

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

The person concerned was paid unemployment benefit from 21 October 1985 to 1 March 1986 and maternity allowance from 3 March 1986 to 24 May 1986. She again claimed unemployment benefit from 26 May 1986 and before her claim could be allowed inquiries had to be made to establish if she satisfied the condition of being available for and genuinely seeking work.

These inquiries have not been completed and her claim has been allowed at the maximum weekly flat-rate of unemployment benefit payable in her case of £39.50 together with pay-related benefit of £2.83 weekly.

All arrears due on her claim will be paid to her this week and further combined weekly payments of £42.33 will continue to be made as they become due.

103.

asked the Minister for Social Welfare when a decision will be made on the appeal for unemployment assistance for a person (details supplied) in County Cork as he is married with a family and on a reduced rate since 28 January 1986; if she will have the appeal granted and if she will pay the maximum rate; and her views on the serious hardship this family is suffering because of the delay in making a decision.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £40 weekly, derived from selfemployment and from the value of capital. He appealed against the amount of means assessed against him and, arising from contentions raised by him 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 was submitted to a deciding officer who assessed him with means of £1.55 weekly from 24 January 1986 and 70p weekly from 23 May 1986. The means are derived from the value of capital.

He is, accordingly, entitled to unemployment of £78.80 weekly at present, being the appropriate maximum rate payable in his case of £79.50 less means of 70p. Arrears of unemployment assistance due will be paid to him this week and further weekly payments of £78.80 will continue to be made as they become due.

As regards the time it has taken to decide this case the general position is that in many cases where an appeal is lodged, including this one, additional inquiries are necessary where certain contentions are raised in support of the appeal. Such cases are referred to a social welfare officer and in view of the large workload these officers have to contend with there is an inevitable delay in dealing with certain cases. However, every effort is being made to minimise delays as much as possible. Any inconvenience caused to the person concerned and to his family as a result of the delay in this case is regretted.

104.

asked the Minister for Social Welfare the reason for not granting the appeal for unemployment assistance to a person (details supplied) in County Cork and if the assessment carried out was accurate; if she will now consider granting an oral hearing; and if she will make a statement on the matter.

Following a review of his unemployment assistance claim in February 1986, the means of the person concerned were assessed at £15 weekly, derived from the capital value of a house.

He appealed against the means assessment and an appeals officer, on 16 June 1986, also assessed his means at £15 weekly after considering all the facts and evidence in the case available to him. He was informed of the appeals officer's decision. He is, accordingly, in receipt of £43.35 weekly, being the appropriate maximum rate payable in his case of £58.35 less means of £15.

The decision of the appeals officer is final in the absence of new facts or fresh evidence. However, if the person feels that there were facts or evidence which were not available to the appeals officer he should submit them to the Department. They will be forwarded to the appeals officer with the request for an oral hearing.

If, on the other hand, 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.

105.

asked the Minister for Social Welfare the reason for the delay in having a person (details supplied) in County Cork called before a medical referee as she was on an invalidity pension and was found capable and has again become very ill.

A condition for the receipt of invalidity pension is that the claimant is permanently incapable of work. The person concerned was examined on 12 June 1985 by a medical referee who considered her to be capable of work. The deciding officer decided that she was no longer entitled to be paid an invalidity penson and her pension was disallowed from 4 July 1985. She appealed this decision and was examined on 9 October 1985 by a different medical referee who also considered her to be capable of work. The decision that she was not entitled to be paid an invalidity pension therefore remained unaltered.

The case was then referred to an appeals officer for determination. The appeals officer requested that she be examined by a medical referee. Arrangements have been made for this examination and her entitlement to continued payment of invalidity pension will be reviewed in the light of the report of that examination. It is open to the person concerned to claim disability benefit in respect of her present incapacity by forwarding a medical certificate to the Department.

106.

asked the Minister for Social Welfare when an application for a family income supplement will be sanctioned for a person (details supplied) in County Wexford.

The person concerned has been awarded a family income supplement at the weekly rate of £12 from 15 May 1986. The appropriate order book has been issued to the designated post office and the person concerned has been notified accordingly.

107.

(Limerick West) asked the Minister for Social Welfare when an invalidity pension will be paid to a person (details supplied) in County Limerick.

Invalidity pension is payable to insured persons who satisfy the contributions conditions and who are permanently incapable of work. The person concerned was examined on 5 May 1986 by a medical referee who did not consider him to be permanently incapable of work. A deciding officer has decided that he is not, therefore, entitled to invalidity pension.

108.

asked the Minister for Social Welfare the result of the review appeal case on behalf of a person (details supplied) in County Westmeath.

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

The person concerned claimed unemployment benefit from 6 August 1985 and on the basis of the information available, her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance of her claim and on 16 December 1985 she attended an oral hearing at which she was given an opportunity to present her case, but the appeals officer also decided that she was not available for employment.

She continued to sign the unemployed register and following a recent review of her case her claim was again disallowed on the grounds that she was not available for employment. She also appealed against this disallowance and she attended an oral hearing of her case on 19 June 1986, but the appeals officer again decided that she was not available for employment.

The person concerned has continued to sign the unemployed register and her claim will again be reviewed regarding her availability for employment from 20 June 1986, that is the day after the appeals officer's decision.

109.

asked the Minister for Social Welfare the present position with regard to an appeal from 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 £65.35 weekly, derived from the beneficial occupation of his mother's holding.

He appealed against the amount of means assessed against him and the appeals officer reduced his means assessment to £48.80 weekly. He is, accordingly, entitled to unemployment assistance of £18.25 weekly, being the appropriate maximum weekly rate payable in his case of £67.05 less means of £48.80.

All arrears of unemployment assistance due to him will be paid to him this week and further weekly payments of £18.25 will continue to be made as they become due.

110.

asked the Minister for Social Welfare the present position with regard to an appeal against the decision to cancel unemployment assistance to a person (details supplied) in County Galway.

It has not been possible to trace receipt of a claim to unemployment assistance which refers to the person named in the details supplied. Further inquiries in the matter will be made if the Deputy will furnish additional information to enable the person concerned to be identified.

111.

asked the Minister for Social Welfare the up-to-date position concerning the appeal made by a person (details supplied) in Dublin 24.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking employment. The person concerned claimed unemployment benefit from 3 February 1986, but her claim was disallowed on the grounds that she was not available for employment.

She appealed against the disallowance and she attended an oral hearing of her case on 18 June 1986. The appeals officer allowed her claim from 3 February 1986 and, therefore, she is entitled to unemployment benefit at the maximum flat-rate payable in her case of £39.50 weekly together with pay-related benefit of £23.51 weekly. All arrears due up to 17 June 1986, after which date she ceased to sign the unemployed register, will be issued to her this week.

112.

asked the Minister for Social Welfare the up-to-date position concerning the payment of disability benefit and any other benefits to a person (details supplied) in Dublin 12.

The person concerned claimed disability benefit from 26 February 1983 having exhausted his entitlement to occupational injury benefit. Benefit was authorised from that date. All benefit payable to the person concerned has been issued up to 5 July 1986. His current weekly rate of payment is £74.50 the maximum rate for a married man with one qualified child dependant.

In addition the person concerned is in receipt of an occupational injury disablement pension at the rate of £30.25 per week. Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work.

The person concerned was examined on 20 December 1985 by a medical referee who expressed the opinion that he was not permanently incapable of work and asked to have him referred for a further examination in nine months.

A deciding officer decided that the person concerned was not entitled to invalidity pension. He appealed against this decision and was re-examined by a different medical referee who also expressed the opinion that he was not permanently incapable of work.

The case of the person concerned was then referred to an appeals officer for determination. The appeals officer upheld the decision of the deciding officer that he was not entitled to invalidity pension. The appeals officer's decision is final and conclusive and can only be altered in the light of new facts or fresh evidence.

113.

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

The person concerned claimed disability benefit from 27 March 1986.

He was not entitled to benefit at the commencement of his claim as according to the available records he had less than the required minimum of 26 contributions paid or credited in 1984-85, the income tax year which governed his claim.

Following inquiries it was established that the person concerned had a second RSI number under which he had sufficient contributions paid and credited to qualify for benefit at the maximum rate appropriate to a single man.

All benefit payable to 25 June 1986, the date of the latest medical certificate received, less £270 supplementary welfare allowance, has been issued to the person concerned.

114.

asked the Minister for Social Welfare the present position regarding an appeal for disability benefit of a person (details supplied) in County Donegal.

The person concerned was paid disability benefit to 4 February 1986 when payment was disallowed following an examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the decision to disallow 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 was referred to an appeals officer for determination. The appeals officer decided that he was incapable of work within the meaning of the Social Welfare Acts during the period from 5 February 1986 to 16 June 1986 (the date of the latest medical certificate before him at the time) and is entitled to be paid disability benefit in respect of that period.

Payment of disability benefit has been restored and the person concerned has been notified accordingly.

115.

asked the Minister for Social Welfare the reason payment of disability benefit was discontinued for a person (details supplied) in County Galway.

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

He appealed against the disallowance and arrangements are being made to have him examined by a different medical referee at an early date.

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

116.

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

Following an oral hearing held in July 1985 an appeals officer assessed the means of the person concerned at £30.75 weekly, derived from the profit from his holding.

He applied for a review of his case in January 1986 and his papers were referred to a social welfare officer for reinvestigation of means. This investigation was recently completed and a deciding officer, on 2 July 1986, assessed him with means of £30.75, derived from the profit from his holding. He will be notified of this decision by his local office shortly.

As there is no change in his means assessment he continues to be paid at £3.05 weekly, being the appropriate maximum rate payable in his case of £33.80 weekly, less means of £30.75.

If the person concerned is not satisfied with the amount of means assessed against him it is open to him to appeal and have his case determined by an appeals officer. A form for this purpose may be obtained from his local office.

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