Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 29 Oct 1986

Vol. 369 No. 3

Written Answers. - Social Welfare Benefits.

145.

asked the Minister for Social Welfare the length of time a person (details supplied) in County Galway has been signing the unemployment register; the reason a social welfare officer did not visit him until Tuesday, 14 October; and if she will now give the result of his appeal in her reply and make provision for the payment of unemployment assistance immediately.

The person concerned claimed unemployment assistance from 18 March 1986. He was issued with a form for completion to enable an investigation of his means to be carried out but he did not return this form until 24 June 1986.

His papers were then referred to a social welfare officer for investigation of his means. While every effort is being made to process claims with a minimum of delay, due to the large volume of cases received in the Department, there is an inevitable delay in some cases. Delays are more likely to arise where means testing is involved, as in this particular case, where the social welfare officer must visit the claimant's home to investigate the means.

The social welfare officer is awaiting details from the veterinary office, bank and solicitor of the person concerned. Inquiries will be completed shortly and his case will then be submitted to a deciding officer for assessment of means. His entitlement to unemployment assistance will be determined in the light of this assessment.

146.

asked the Minister for Social Welfare the reason for the refusal to pay social welfare benefit to a person (details supplied) in County Limerick.

The entitlement to unemployment benefit from 1 September 1986 of the person concerned could not be determined until inquiries had been carried out to establish why her employment terminated on 28 August 1986 and if she was capable of, available for and genuinely seeking work.

These inquiries have recently been completed and her claim has been allowed at the weekly rate of £41.10, being the maximum flat-rate of unemployment benefit payable in her case. Arrangements have been made to pay all arrears due this week. Further weekly payments will continue as they become due.

147.

asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Limerick against the decision not to pay her unemployment benefit will be heard.

The entitlement to unemployment benefit from 1 September 1986 of the person concerned could not be determined until inquiries had been carried out to establish why her employment terminated on 28 August 1986 and if she was capable of, available for and genuinely seeking work.

These inquiries have recently been completed and her claim has been allowed at the weekly rate of £39.55, being the appropriate flat-rate unemployment benefit payable in her case. Arrangements have been made to pay all arrears due this week. Further weekly payments will continue as they become due.

148.

asked the Minister for Social Welfare when free electricity will be granted to a person (details supplied) in County Kerry.

To be eligible for a free electricity allowance a person must be in receipt of one of a number of specified payments. The person concerned is receiving a British war widow's pension which is not a qualifying payment under the scheme. A free electricity allowance cannot therefore be granted in her case.

149.

asked the Minister for Social Welfare when she will pay full 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 £73.05 weekly, derived from self-employment. He is, accordingly, in receipt of unemployment assistance of £1.35 weekly, being the appropriate maximum rate payable in his case of £74.40 less means of £73.05.

On 8 October 1986 he appealed against the amount of means assessed against him and, arising from contentions raised by him in support of his appeal, his papers have been returned 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.

150.

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

The person concerned requested a review of his unemployment assistance claim on 20 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 shortly and the case will be submitted to a deciding officer for reassessment of means. His entitlement to unemployment assistance will then be reviewed in the light of the assessment.

In the meantime weekly payments of £54, being the appropriate maximum rate payable in his case of £74.40 less means of £20.40, will continue to be made.

151.

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

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 and from the value of capital, exceeded the maximum rate payable in his case.

He recently appealed against the disallowance and his case has been 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.

152.

asked the Minister for Social Welfare the reasons a person (details supplied) in County Galway has been signing on for unemployment assistance for 22 weeks without being given a decision on his application; and if a decision will be given as part of the reply to this parliamentary question.

The investigation of the unemployment assistance claim of the person concerned has been completed and he has been assessed with means of £69.40, derived from the profit from his holding. This assessment entitles him to unemployment assistance at £2.85 weekly from 30 April 1986, being the appropriate maximum rate payable in his case of £72.25 less means of £69.40. The rate was increased to £5 weekly from 9 July 1986 in accordance with increases awarded in the 1986 budget. All arrears due were paid to him on 14 October 1986. The delay which occurred in reviewing the unemployment assistance claim of the person concerned is regretted.

153.

asked the Minister for Social Welfare the reason the appeal by a person (details supplied) in County Galway against the decision to reduce his unemployment assistance has been delayed so long; the reason for this delay; and if she will give the outcome of the appeal in the reply to this parliamentary question.

The person concerned asked for a review of his unemployment assistance claim on 17 June 1986 and his papers were referred to a social welfare officer for reinvestigation of his means. While every effort is being made to process claims with a minimum of delay, due to the large volume of claims received in the Department, there is an inevitable delay in some cases. Delays are more likely to arise where means testing is involved, as in this particular case, where the social welfare officer must visit the claimant's home to investigate the means.

The social welfare officer is awaiting a veterinary certificate from the person concerned, and, when this is received, he will be in a position to finalise his report. The papers 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 this assessment.

In the meantime he is in receipt of unemployment assistance of £39.65 weekly, being the appropriate maximum rate payable in his case of £70 less means of £30.35, derived from the profit from his holding. The delay in the case is regretted.

154.

asked the Minister for Social Welfare the reason payment of unemployment assistance has been discontinued in the case of a person (details supplied) in County Laois who was in receipt of unemployment assistance at the rate of £34.40 per week.

Following reinvestigation 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 17 October 1986 and, arising from contentions raised by him in support of his appeal, his papers have been sent to a 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.

155.

asked the Minister for Social Welfare when a person (details supplied) in County Meath will receive a non-contributory old age pension.

The old age pension application of the person concerned is under investigation. It is hoped to complete inquiries in the case within the next ten days. A decision on the claim will be given as soon as the inquiries are completed and the person concerned will be notified of the outcome without delay.

156.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry did not receive disability benefit payments for the month of August even though he submitted certificates for this period.

The person concerned claimed disability benefit from 23 July 1986. He submitted medical certificates indicating that he was incapable of work up to 31 July 1986 and he was paid in respect of this period.

There is no record of certificates being received for any period after this date. If the person concerned was incapable of work subsequent to 31 July 1986 his claim will be considered further if he forwards medical evidence for the period in question.

157.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is not in receipt of a dependent allowance even though his pension has been severely reduced.

Following a reinvestigation of the old age pension entitlements of the person concerned, it was discovered that his means had increased since the previous assessment. Accordingly, it was decided by a deciding officer on 16 September 1986 that he is entitled to old age pension at the weekly rate of £3.05 from 12 September 1986. This is the rate to which he is entitled having regard to the assessment of his means, consisting of half the weekly income from a holding.

The statutory limit for entitlement to a pension in respect of a pensioner and a dependent spouse is £48 weekly. As the weekly means of the person concerned exceeds that limit, he is only entitled to payment in respect of a qualified child.

An appeal against this decision has been referred to an appeals officer for determination. The person concerned will be notified of the outcome without delay, when a decision is made.

158.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry does not qualify for a contributory pension.

The Department's records show that the person concerned will reach age 65 in February 1988.

One of the conditions for receipt of retirement pension at age 65 or old age contributory pension at age 66 under the Social Welfare Acts requires him to have contributions paid in respect of at least 156 weeks of insurable employment since his entry into insurance. He does not satisfy this condition on his Irish record as the Department's records show that he has only 63 paid contributions, plus credits in respect of unemployment.

However, in accordance with EC regulations on social security his British and Irish insurance records may be combined to enable him to satisfy the qualifying conditions. On this basis he will qualify for a pro-rata retirement pension at age 65 or a pro-rata old age contributory pension at age 66. His record to date would entitle him to either pension at a rate of £43.75 per week, at the present rates. This would be increased to £44.85 per week if he has further credited contributions for the full period up to 5 April 1987 or to £45.15 per week if he has the full number of such contributions up to 5 April 1988. Alternatively, he could qualify for an old age contributory pension under the Social Welfare Acts at the present weekly rate of £52.70 if he has contributions paid in respect of a further 93 weeks of insurable employment before he reaches age 66.

In addition to the foregoing rates he will qualify for an increase in respect of his wife if she is mainly or wholly supported by him.

159.

asked the Minister for Social Welfare the present position in relation to the unemployment assistance claim of a person (details supplied) in County Offaly.

The entitlement to unemployment benefit of the person concerned could not be determined until inquiries had been made to establish her contribution record in the period 6 April 1984 to 5 April 1985, which governed her claim from 18 April 1986.

Following completion of inquiries, her claim was allowed at the maximum weekly rates appropriate in her case of £39.50 from 18 April 1986 increased to £41.10 from 10 July 1986. All arrears due were issued to her on 17 September 1986.

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

The person concerned had drawn 156 days of benefit on 14 October 1986 and as she did not satisfy the special contribution condition, her entitlement was reduced to the appropriate rate of £34.05 weekly from 15 October 1986. Further weekly payments of £34.05 will continue to be made as they become due.

160.

asked the Minister for Social Welfare if she will clarify the situation in relation to eligibility for the free fuel scheme in urban areas; if she will state whether new recipients of unemployment assistance residing within urban areas are eligible for free fuel payments and if so, the reason a person (details supplied) in County Wexford was refused.

Recipients of unemployment assistance with dependants, whether new recipients or not, are eligible under the urban fuel scheme. The person concerned is in receipt of unemployment benefit, which is not a qualifying payment for entitlement under the scheme, and his application was accordingly refused.

Question No. 161 withdrawn.

162.

asked the Minister for Social Welfare when pay-related benefit will be authorised and paid to a person (details supplied) in County Dublin; if she will make a statement on the matter, confirming that he is entitled to pay-related benefit, having regard to the fact that he has the necessary qualifications and signed on at the unemployment office in England on and from 6 June 1986 when he went there after his employment finished in Ireland on 12 May 1986.

Entitlement to pay-related benefit with flat rate unemployment benefit is subject to the conditions that the sum of weekly flat rate unemployment benefit, pay-related benefit and income tax rebate may not exceed 85 per cent of the average net weekly earnings of a claimant from the beginning of the tax year to the date of claim.

The person concerned claimed unemployment benefit from 6 August 1986. Accordingly, calculation of the 85 per cent limit in his case was based on his earnings from insurable employment in the period 6 April 1986 to 5 August 1986. However as he was in England and was not insurably employed during the period May to August 1986, his only earnings reckonable for the purpose of calculating the 85 per cent limit were from the period 6 August 1986 to 12 May 1986.

The 85 per cent limit was calculated at £73.84 and as the weekly flat rate unemployment benefit payable in this case of £87.60 exceeds that sum, pay-related benefit is not payable.

163.

asked the Minister for Social Welfare when a person (details supplied) in County Monaghan applied for small farmers unemployment assistance; and when a decision will be made.

The person concerned claimed unemployment assistance from 12 February 1986 and his papers were referred to the social welfare officer for investigating of means. The social welfare officer's inquiries were completed recently and his papers were submitted to a deciding officer who aseessed him with means of £43.25 weekly, derived from the profit from his holding.

He is, accordingly, entitled to unemployment assistance of £13.70 weekly being the appropriate maximum rate payable in his case of £56.95 less means of £43.25. All arrears due to the person concerned will be paid this week and weekly payments of £13.70 will continue to be made as they become due.

164.

asked the Minister for Social Welfare if she will pay unemployment benefit at the maximum rate to a person (details supplied) in County Cork.

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 on 22 August 1986. Inquiries are being made to ascertain why she left her employment and whether she fulfils the condition of being available for employment.

On completion of these inquiries her entitlement to unemployment benefit will be determined.

165.

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

Following investigation, 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 this decision and, in February 1986, an appeals officer also disallowed his claim. He continued to sign the unemployed register.

In August 1986, he asked for his claim to be reviewed and his papers were referred to a social welfare officer for reinvestigation of means. These inquiries will be completed shortly and his case will then be submitted to a deciding officer for assessment of his means. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of that assessment.

166.

asked the Minister for Social Welfare the reason a person (details supplied) in County Monaghan was refused small farmers unemployment assistance; and if she will make a statement on the matter.

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 and from capital, exceeded the maximum rate payable in his case. He appealed against this disallowance and an appeals officer also decided that his means exceeded the maximum rate payable.

He made a fresh claim on 1 October 1986 and his papers have been returned to the social welfare officer for reinvestigation of 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 this assessment.

167.

asked the Minister for Social Welfare when a decision will be made on the application for small farmers unemployment assistance for a person (details supplied) in County Cavan.

The unemployment assistance claim of the person concerned has been disallowed by a deciding officer on the grounds that his means of £97.10 weekly, derived from the profit from his holding, exceed the maximum appropriate rate of unemployment assistance payable in his case of £96.15. He was notified of this decision on 21 October 1986. If he is dissatisfied 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 at his local office.

168.

asked the Minister for Social Welfare the reason a person (details supplied) in County Monaghan is not receiving disability benefit.

The person concerned claimed disability benefit from 8 January 1986.

She 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 her claim, she cannot qualify for payment of disability benefit, or the award of credited contributions in respect of periods of incapacity for work, until she 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 1973-74 to 1981-82 and has not had 26 weeks of insurable employment since that time.

She has indicated that she was employed in 1982-83 and 1983-84. However only 22 paid contributions are recorded in 1982-83 and no contributions are recorded for 1983-84. The matter has been referred to an outdoor officer of the Department for investigation and when the investigations are completed her entitlement to contributions will be reviewed without delay.

However, in order for the person concerned to qualify for payment of disability benefit she would need to have 26 contributions paid or credited in 1984-85 the contribution year governing her claim.

169.

asked the Minister for Social Welfare if she will pay an invalidity pension to a person (details supplied) in County Cork.

The person concerned has been in receipt of disability benefit since 20 March 1986.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. In order that a person may be considered permanently incapable of work, it is necessary for him to, inter alia, have been continuously incapable of work for a period of one year. Therefore the earliest date on which the claimant can qualify for invalidity pension is 20 March 1987. In addition it will be necessary to have him examined by a medical referee for an opinion as to his future capacity for work.

170.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford was deemed to have means in excess of the limit for a non-contributory old age pension application; if he will be furnished with the full breakdown of the assessment; and if she will clarify for such pension cases where there is a long term land-leasing agreement of 11 years or more, the means which are assessed.

It has been decided by a deciding officer that the person concerned is not entitled to an old age pension as her means exceed the statutory limit of £48 a week. She is assessed with means of £57.64 a week, representing the estimated letting value of some 30 acres of land which she owns. The transfer of about 30 acres of other land to two of her sons has been accepted for pension purposes.

Details of the assessment of means have been furnished to the person concerned. In the event of the land which the applicant still owns being leased on a long-term basis, the net profit from the leasing will be assessable as means.

171.

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

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 this decision 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 have been completed and his case has been submitted to the-chief appeals officer who has decided to hold an oral hearing of the appeal.

The person concerned will be informed of the date and venue of the hearing as soon as the arrangements are made. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal.

172.

asked the Minister for Social Welfare the reasons a person (details supplied) in County Laois has been disallowed unemployment benefit for six weeks in view of the fact that she is available for work but unable to obtain it.

Entitlement to unemployment assistance is subject to the condition that a claimant must be available for and genuinely seeking but unable to obtain suitable employment.

The person concerned was in receipt of unemployment assistance from 19 February 1985 to 26 August 1986. Her claim was disallowed from 27 August 1986, on the grounds that she was not considered to be genuinely seeking work, following her refusal to accept an offer of suitable employment. She has been advised of her right to appeal, if she so wishes, and have her case determined by an appeals officer.

173.

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

The person concerned claimed unemployment assistance from 5 February 1986. Protracted inquiries were necessary to enable the social welfare officer to establish the person's means; particular difficulties were encountered in determining his income from self-employment. However the social welfare officer recently completed his report and arrangements are being made to have his case submitted to a deciding officer for assessment of means. His entitlement to unemployment assistance will be determined in the light of this assessment.

174.

asked the Minister for Social Welfare if she will arrange, as a matter of urgency for occupational injury benefit to be restored to a person (details supplied) in Dublin 12, who will not be allowed resume work by his company doctor but who has not received benefit since July 1986 and whose case is under review; and in view of the fact that this person is married with a young family, and has a large mortgage; if she will treat the case as most urgent.

The person concerned claimed and was paid occupational injury benefit for the maximum period of 26 weeks from 4 January 1986 to 3 July 1986. He claimed disability benefit from 4 July 1986 and payment was issued on his claim to 28 July 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 and arrangements have been made to have him examined by a different medical referee on 5 November 1986. His entitlement to benefit will then be reviewed in the light of the medical referee's report.

175.

asked the Minister for Social Welfare when a decision will be made against the refusal of disability benefit to a person (details supplied) in County Limerick; and if she will allow an oral hearing in this case.

The person concerned was paid disability benefit to 10 May 1986 after which date payment was disallowed following examination by a medical referee who 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. The person concerned will be notified as soon as the final arrangements have been completed.

176.

asked the Minister for Social Welfare the reason for notification of a substantial drop in the level of social welfare invalidity pension to a person (details supplied) in County Louth to operate from mid-November.

From mid-November 1986 men and women claiming benefit, assistance or pension under the Social Welfare Acts will be treated equally. Up to now a married man claiming a social welfare payment automatically got an increase of benefit for his wife and children living with him irrespective of whether they were dependants of his but a married woman could only get an increase of benefit for her husband and children in very restricted circumstances.

From mid-November, the definition of dependency is being changed to make it the same for men and women thus removing the discrimination which has heretofore existed against married women. A spouse will be regarded as a dependant of the other spouse only where he or she is being wholly or mainly maintained by that person and spouses entitled to social welfare payment in their own right or with earnings in excess of £50 a week will not be regarded as dependants. In circumstances where neither spouse is dependent on the other, half the normal rate of increases of benefit for the children will be paid when either spouse claims benefit. The person concerned is at present in receipt of invalidity pension at the personal rate of £47.10 plus an allowance of £31.60 in respect of his wife and £31.50 in respect of three qualified children.

Since his wife is employed and earning in excess of £50 a week she will not be regarded as an adult dependant and consequently from 20 November 1986 he will be entitled to £62.85 weekly, that is, £47.10 personal rate and an increase of £15.75 for three children.

However, should the wife of the person concerned claim and qualify for benefit on her own record, she would also be paid the full personal rate and an allowance for qualified children at half rate.

177.

asked the Minister for Social Welfare if she will expedite a decision in relation to unemployment assistance for a person (details supplied) in County Roscommon.

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 and, on 25 September 1986, an appeals officer also decided that his means exceeded the statutory limit.

If the person concerned feels that his circumstances have changed in the meantime, it is open to him to apply for a review of his means. A form for this purpose may be obtained from his local office.

Top
Share