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Dáil Éireann debate -
Wednesday, 5 Nov 1986

Vol. 369 No. 6

Written Answers. - Social Welfare Benefits.

114.

asked the Minister for Social Welfare the reasons for the undue delay in processing the application of a person (details supplied) in County Tipperary for unemployment benefit.

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions paid or credited in the contribution year governing the claim.

The person concerned claimed unemployment benefit from 12 May 1986. He had been insurably employed in the United Kingdom during the contribution period 6 April 1984 to 5 April 1985, which governed his claim from 12 May 1986.

Article 67 of EEC Regulations 1408/71 allows for the transfer of insurance records from one member state to another for unemployment benefit purposes, providing the last history of reckonable insurable employment is in the country of claim.

The most recent employment of the person concerned was in this country but was for one week only at the beginning of May 1986. It was necessary to make inquiries regarding the insurability of this employment to establish whether his United Kingdom insurance record could be invoked to determine his entitlement to unemployment benefit from 12 May. These inquiries were completed recently and it has been established that he is entitled to unemployment benefit on the basis of his United Kingdom contributions.

His claim has been allowed at £65.10 weekly from 12 May 1986, increasing to £67.70 weekly from 11 July 1986 which is the appropriate rate applicable in his case. Arrears of benefit due will be paid to him this week and further weekly payments of £67.70 will be made as they become due.

115.

asked the Minister for Social Welfare the number of expectant mothers who have availed of (a) free dental treatment and (b) free optical treatment on their husband's insurance since the scheme was introduced.

Since the scheme was introduced in July 1985, 7,453 expectant mothers have received free dental treatment and 942 expectant mothers have received free optical treatment.

116.

asked the Minister for Social Welfare the outcome of a repeat claim for unemployment benefit made by a person (details supplied) in County Kilkenny.

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

The person concerned was last employed in April 1985. She was in receipt of maternity benefit and disability benefit between June 1985 and March 1986. She claimed unemployment benefit from 5 June 1986 and this claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and, following an oral hearing of her case on 10 September 1986, an appeals officer also decided that she was not available for employment.

She continued to sign the unemployed register and, accordingly, her claim was submitted for decision from 11 September 1986, the date after the appeals officer's decision. The claim was again disallowed by a deciding officer on the grounds that she was not available for employment as she had not furnished any evidence of fresh efforts made by her to obtain work. She appealed against this decision on 24 October 1986 and arrangements are being made to have her case submitted to an appeals officer for determination.

Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

117.

asked the Minister for Social Welfare the reason disability benefit has been discontinued to a person (details supplied) in County Kilkenny in view of the medical evidence submitted by his own doctor which states that he is not capable of returning to work and he is awaiting an operation; and if she will arrange to have this benefit restored immediately.

Payment of disability benefit to the person concerned was disallowed from 22 October 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.

118.

asked the Minister for Social Welfare the reason a person (details supplied) in County Meath who has been an employee for ten years will not be allowed sign in the employment exchange in Castlepollard; and if she will make a statement on this matter.

There is no record of a claim for unemployment benefit or assistance from the person concerned at the Castlepollard office of the Department.

According to the Department's records she claimed disability benefit from 4 October 1986, but only forwarded one medical certificate in support of her claim. She is not entitled to this benefit, however, as according to the records of the Department, she has fewer than the required minimum of 26 contributions paid since entry into insurable employment.

As it appears from the Deputy's question that the person concerned has been an employee for some years, the Department has written to her to clarify details of her social insurance position. Her entitlement to disability benefit will be reviewed in the light of her reply.

119.

asked the Minister for Social Welfare the reason for the delay in processing the claim of a person (details supplied) in County Louth for unemployment assistance.

The person concerned claimed unemployment assistance in July 1986 and her papers were referred to a social welfare officer for investigation. Although the claim was investigated by the social welfare officer and was sent by post to Dublin on 29 August for decision by a deciding officer, the papers appear to have been lost in postal transit. This only came to light last week and arrangements were made to have duplicate papers completed immediately by the social welfare officer.

These papers are, at present, in transit and a deciding officer for assessment of means at the earliest possible opportunity. Her entitlement to unemployment assistance will be determined in the light of this assessment.

The delay in this case is regretted.

120.

asked the Minister for Social Welfare the reason unemployment assistance was not granted on appeal to a person (details supplied) in County Kerry in view of the fact that he has no income, is genuinely seeking work and is presently unemployed since he ceased signing for unemployment assistance.

Following reinvestigation, the unemployment assistance claim of the person concerned was disallowed on the ground that, by failing to furnish details of his means, he failed to show that his means did not exceed the statutory limit.

The person concerned appealed against the decision and, arising from contentions raised by him in support of his appeal, the case was 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.

The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the outcome of the appeal.

121.

asked the Minister for Social Welfare if she will state, in the context of the implementation of the Social Welfare (No. 2) Act, 1985, the immediate and long term implications for the household income in the case of a person (details supplied) in Dublin 13 who is a recipient of disability benefit, whose spouse is working and who has four dependent children; and if she will make a statement on the matter.

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 but a married woman could only get an increase of benefit for her husband and children in very restricted circumstances.

From mid-November 1986 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 disability benefit at the personal rate of £41.10 plus an increase of £26.60 in respect of an adult dependent and £37.30 in respect of four child dependants.

The claimant's wife is employed and earning in excess of £50 a week and consequently from 17 November 1986 he will be entitled to £59.75 weekly, that is £41.10 personal rate and an increase of £18.65 for four 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 increase for qualified children at half rate.

122.

asked the Minister for Social Welfare if a person (details supplied) in County Galway is being paid his full social welfare entitlements.

Following reinvestigation, the unemployment assistance claim of the person concerned was disallowed from 14 May 1986 by a deciding officer on the grounds that his means, derived from benefit from his wife's earnings, exceeded the statutory limit.

He appealed against the means assessment and an appeals officer assessed his means at £79.50 weekly from 14 May 1986. He is, accordingly, entitled to unemployment assistance at the weekly rate of £0.40, being the appropriate maximum rate payable in his case of £79.90 less means of £79.50.

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 at his local office.

In the meantime weekly payments of £0.40 will continue to be made as they become due.

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