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Dáil Éireann debate -
Tuesday, 4 Nov 1986

Vol. 369 No. 5

Written Answers. - Social Welfare Payments.

116.

asked the Minister for Social Welfare if an oral hearing will be granted to a person (details supplied) in County Galway in connection with his application for unemployment assistance.

Following investigation, the unemployment assistance claim of the person concerned was disallowed on the grounds that his means of £80.75 weekly, derived from the profit from his holding, exceeded the maximum rate of unernployment assistance payable in his case. He appealed against the decision and, on 30 September 1986, an appeals officer also assessed his means at £80.75 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.

117.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford who is in receipt of disability benefit for over a year and who is permanently incapacitated will be considered for an invalidity pension; and, if so, when.

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 on 13 November 1986 by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

118.

asked the Minister for Social Welfare if PRSI contributions have been paid over the past four years for a person (details supplied) in Dublin 17 as she is concerned by rumours that such contributions have not been paid.

According to the records of the Department no contributions have been paid on behalf of the person concerned.

In view of the additional information given by the Deputy indicating that this woman has in fact been employed for the past four years, arrangements have been made to have the question of outstanding employment contributions investigated by an outdoor officer of the Department. On completion of these inquiries the Deputy will be advised of the position.

119.

asked the Minister for Social Welfare the reason for the reduction in payments to a person (details supplied) in County Limerick; if she is aware of the distress being suffered by this family; and if she will make a statement on the matter.

The rate of unemployment benefit payable on a claim is reduced after 156 days benefit 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 5 August 1985 and he was paid at the maximum weekly rate of £85.00 applicable in his case to 11 February 1986 when he had drawn 156 days of benefit. As he did not satisfy the special contribution condition his weekly rate of unemployment benefit was reduced from £85.00 to the appropriate rate of £73.85 from 12 February, 1986.

In line with the general increases granted in the budget the benefit of the person concerned was increased to £76.10 from 10 July 1986 and was further increased to £83.35 from 12 September 1986 when he was granted an increase in respect of an additional child dependant.

He continues to sign the unemployed register and further weekly payments of £83.35 will be made as they become due.

120.

Mr. Cowen

asked the Minister for Social Welfare when payment of one week's contributory old age pension will be paid to the personal representative of a deceased pensioner (details supplied) in County Offaly.

A payable order to cover the amount of contributory old age pension for the week in question was issued to the representative of the deceased pensioner on 1 August 1986. This order has not yet been encashed. In the circumstances, it has now been cancelled and a replacement has been issued.

121.

Mr. Cowen

asked the Minister for Social Welfare when a person (details supplied) in County Offaly will be notified of the decision of a board of referees in relation to her application for an invalidity pension, having been examined by the board in Tullamore on Wednesday, 8th October, 1986.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work.

The person concerned was examined on 1 October 1986 by a medical referee who did not consider her to be permanently incapable of work. A deciding officer has decided that she is not, therefore, entitled to invalidity pension. She has been notified of this decision and of her right of appeal.

122.

asked the Minister for Social Welfare the reason for the delay in the processing of the application of a person (details supplied) in County Louth for transfer 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 11 November 1986. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

123.

asked the Minister for Social Welfare when she will pay arrears of disability benefit to a person (details supplied) in County Wexford.

The person concerned claimed disability benefit from 7 April 1986, and submitted medical evidence of incapacity to the Department on 15 September 1986.

The regulations provide that a person who, without good cause, fails to give notice of incapacity or to submit medical evidence within seven days of the commencement of incapacity is disqualified from receiving disability benefit in respect of any period more than seven days before the date on which such notice or medical evidence is received.

The person concerned has not provided any explanation for his failure to submit medical evidence on time. Accordingly his claim has been authorised for payment from 8 September 1986 only. All benefit payable has been issued to 21 October 1986, the date of the latest medical certificate received, less £231 refunded to the South-Eastern Health Board, in respect of supplementary welfare allowance advanced.

The person concerned has again been requested to forward a written explanation for his failure to submit medical evidence at the commencement of his illness. His claim will be reviewed on receipt of this information.

124.

asked the Minister for Social Welfare when the results of an appeal lodged by a person (details supplied) in County Kilkenny against the disallowance of his claim for disability benefit will be known.

The person concerned was paid disability benefit to 24 July 1986 after which date payment was disallowed following 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 11 September 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. The person concerned will be notified as soon as the final arrangements have been completed.

125.

asked the Minister for Social Welfare the present position regarding the application of a person (details supplied) in County Offaly who is claiming disability benefit from 7 July to 7 October 1986, and has not been paid.

The person concerned claimed disability benefit from 15 July 1986.

She is not entitled to payment of benefit because according to the records of the Department she has not the required minimum of 26 contributions paid or credited in 1984-85, the contribution year governing her claim. According to the records of the Department she has 25 credited contributions in that year.

126.

asked the Minister for Social Welfare the outcome of an appeal by a person (details supplied) in County Kilkenny in relation to his claim for unemployment assistance.

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, an 24 October 1986, an appeals officer assessed his means at £58.90 weekly. This assessment exceeds the maximum rate of unemployment assistance payable in his case of £56.95. His claim has therefore been disallowed.

If the person concerned is of the opinion that his circumstances have changed since the last investigation of his 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.

127.

asked the Minister for Social Welfare if she will reconsider the application of a person (details supplied) in County Kilkenny for unemployment assistance with a view to having this assistance paid.

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, arising from contentions raised by him in supplort of his appeal, his papers were referred to the social welfare officer for further inquiries.

These inquiries, which have proved to be very protracted, will be completed shortly 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.

128.

Mr. Cowen

asked the Minister for Social Welfare if she will arrange immediately for the transfer of a pensioner (details supplied) in County Offaly from the contributory widow's pension of £52.35 per week to a contributory old age pension for those over 80 years of age; and if she will arrange for the payment of substantial arrears due to this pensioner by reason of the fact that she should have been in receipt of a contributory old age pension for over 20 years.

One of the qualifying conditions for receipt of a contributory old pension requires a person to have a yearly average of at least 20 reckonable contributions over the period from the beginning of the 1953-54 contribution year or from her year of entry into insurance, whichever is the later, to the end of the last complete contribution year before reaching pension age.

There is no record of the person concerned having had paid or credited contributions since the beginning of the 1953-54 contribution year and in such circumstances she would not qualify for a contributory old age pension. However, if she was employed at any time since 1953 she should supply details of the employment to the Department so that her entitlement can be further investigated.

129.

asked the Minister for Social Welfare when a decision will be made on an appeal by a person (details supplied) in County Galway.

The person concerned asked for a review of his unemployment assistance claim on 12 June 1986. Following reinvestigation of his case a deciding officer, on 7 August 1986 reduced the assessment of his means, derived from profit from his holding and from the value of capital, from £45.80 to £42.50 weekly. He is, accordingly, in receipt of unemployment assistance of £52.80 weekly, being the appropriate maximum weekly rate payable in his case of £95.30 less means of £42.50. All arrears due to the person concerned were paid on 12 August 1986.

The person concerned has not appealed against the assessment of his means although he was advised of his right to do so. It is still open to him to appeal, however, and have his case determined by an appeals officer. A form for this purpose may be obtained at his local office.

130.

asked the Minister for Social Welfare the reason unemployment benefit has not yet been paid to a person (details supplied) in County Tipperary; when this will be paid; and the amount which will be paid.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned had been in receipt of maternity benefit under the scheme for women in employment from 14 March to 19 June 1986. She did not resume work when her maternity benefit entitlement ceased and she claimed unemployment benefit from 21 July 1986.

Before her entitlement to unemployment benefit could be determined inquiries had to be made to ascertain if she was available for and genuinely seeking work in view of the fact that she had not returned to her job. These inquiries have proved somewhat protracted but it is expected that they will be completed shortly. A decision on her entitlement to unemployment benefit will then be made without delay.

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