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Dáil Éireann debate -
Thursday, 23 Oct 1986

Vol. 369 No. 2

Written Answers. - Social Welfare Benefits.

106.

asked the Minister for Social Welfare if she will arrange to have a person (details supplied) in County Wexford 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 on 6 November 1986. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

107.

asked the Minister for Social Welfare the present position regarding full outstanding disability arrears for a person (details supplied) in County Westmeath.

The person concerned claimed disability benefit from 26 January 1982 and payment was issued to 3 August 1985. Payment was disallowed from 5 August 1985 following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and was examined by a different medical referee who also expressed the opinion that he was capable of work. His case was then referred to an appeals officer who decided that the person concerned was incapable of work for the period from 5 August 1985 to 4 February 1986, the date of the latest medical evidence received at that time.

Accordingly payment of benefit was restored from 16 June 1986. Arrears for the period from 5 August 1985 to 14 June 1986 were withheld pending receipt of details of unemployment benefit and supplementary welfare allowance advanced. Disability benefit due amounted to £5,312.25, of which £4,667.46 was withheld in respect of unemployment benefit paid. The remaining £644.79 was refunded to the health board on 28 August 1986. A further £551.31 is still due to the health board and it was decided to recover this by weekly deductions of £10.60 from 8 September 1986. There are no arrears of benefit due to the person concerned.

Payment of disability benefit to the person concerned was again disallowed from 20 October 1986 following an examination by a medical referee who expressed the opinion that he was capable of work. He has been advised of his right to appeal against this decision.

108.

asked the Minister for Social Welfare if she will give details of the length of time a person (details supplied) in County Galway has been signing on the unemployment register; and when it is hoped to take a decision on his appeal against the disallowance of his 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 an assessment of means. The person concerned claimed unemployment assistance from 30 May 1986 and he continued to sign the unemployed register until 16 September 1986.

When the person concerned made his claim his papers were referred to a social welfare officer for investigation of means. These inquiries were only recently completed and the file is currently en route to Dublin for assessment of means. Unfortunately, however, it appears to have been delayed as a result of the current postal dispute in Galway. As soon as the papers are received the case will be submitted to a deciding officer for assessment of means and his entitlement to unemployment assistance will be reviewed in the light of the assessment.

109.

asked the Minister for Social Welfare if the level of unemployment assistance payments for a person (details supplied) in County Wexford will be reviewed further to his application for a review; and if the rate of payments will be increased as a result.

The person concerned requested a review of his unemployment assistance claim on 7 August 1986 and his papers were referred to the social welfare officer for reinvestigation of his means. The inquiries in the matter will be completed as soon as possible and the case will then be submitted to a deciding officer for assessment of means. His entitlement to unemployment assistance will then be reviewed in the light of this assessment. In the meantime weekly payment of £25.60, being the appropriate maximum rate payable in his case of £33 less means of £7.40, will continue to be made as they become due.

110.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded unemployment benefit payments in view of the copious data that have been submitted to prove her availability for work; and, if so, when payments will be made and at what rate.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The unemployment benefit claim of the person concerned was disallowed from 10 April 1986 on the grounds that she was not available for employment. She appealed against the disallowance and, following an oral hearing of her case on 12 June 1986, an appeals officer also decided that she was not available for employment. She ceased to sign the unemployed register after 15 July 1986.

She again claimed unemployment benefit from 14 August 1986. She was requested to furnish details of her efforts to obtain employment but she appears to have submitted evidence of having sought employment from only one employer since April 1986. The case is however, still under investigation and further inquiries are being made to establish what other specific efforts she has made to secure work. These inquiries will be completed as soon as possible and her entitlement to unemployment benefit will then be determined.

111.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded unemployment assistance payments in view of the fact that his sole income is a supplementary welfare allowance; and, if so when and at what rate.

Entitlement to unemployment assistance is dependent on an applicant being the holder of a qualification certificate and to obtain such a certificate an applicant must satisfy certain conditions, including an assessment of means. The person concerned claimed unemployment assistance from 12 May 1986 and his case was referred to a social welfare officer for investigation of means. Extensive inquiries which have been made in the case have been inconclusive because he has been unable to satisfy the social welfare officer that he has fully disclosed his means. In particular, he has failed to show that he is not benefiting from his family's holding.

The social welfare officer has finalised his report and the file is currently in postal transit to Dublin where a formal decision will be made in the case by a deciding officer. The person concerned will be notified of the decision as soon as possible and if he is dissatisfied with it he has the right to appeal against it. A form for his purpose may be obtained at his local employment office.

112.

asked the Minister for Social Welfare if she will grant an oral hearing of the appeal lodged by a person (details supplied) in County Kerry against the decision not to pay his unemployment assistance at the maximum rate in view of the fact that he lost his salmon licence and that he has no income other than supplementary welfare allowance in addition to the reduced rate of unemployment assistance; and if she will indicate when it is likely that this oral hearing will be listed.

Following a review of his unemployment assistance claim the means of the person concerned were assessed at £40.45 weekly, derived from self-employment as a fisherman. He appealed against the decision and, on 15 August 1986, an appeals officer also assessed his means at £40.45 weekly.

Regulations provide that, if the appeals officer is of the opinion that a case is of such a nature that it can be decided without an oral hearing, he may dispense with the hearing and decide the case summarily. The appeals officer was of the opinion that this case was of such a nature that it could properly be determined without an oral hearing and, therefore, he decided it summarily.

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 send them to the Department and they will be submitted to the appeals officer to enable him to re-examine the case.

In the meantime, he is in receipt of unemployment assistance at the weekly rate of £29.55, being the appropriate maximum rate payable in his case of £70 less means of £40.45.

113.

asked the Minister for Social Welfare the reason for the refusal to pay disability benefit to a person (details supplied) in County Limerick, if she is aware that this person's doctor has confirmed that she is not able to work and if, therefore, she will agree to have her paid her entitlements with appropriate retrospective adjustment.

The person concerned was paid disability benefit to 28 May 1986 after which date payment was disallowed following an examination by a medical referee who considered her to be capable of work.

She appealed against this decision and was examined by another medical referee on 1 September 1986 who also expressed the opinion that she was capable of work. She was informed of the result of this examination and was supplied with a form on which to set out the grounds for appeal if she wished to have her case referred to an appeals officer for determination. No reply was received and a reminder has been issued.

Her case will be reviewed when the form in question is completed and returned.

114.

asked the Minister for Social Welfare the reason the invalidity pension of a person (details supplied) in County Louth has been reduced from £88 to £57.55 per week; and when the correct payment and arrears will be restored to him.

The person concerned did not receive a book for £30.60 which issued with the general issue of renewal books for October 1986. A replacement book payable from 2 October 1986 issued to the designated post office of payment on 21 October 1986. There are no arrears due.

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