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Dáil Éireann debate -
Wednesday, 5 Nov 1986

Vol. 369 No. 6

Written Answers. - Social Welfare Benefits.

124.

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.

The person concerned has been in receipt of disability benefit since 30 April 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 person can qualify for invalidity pension is 30 April 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.

125.

asked the Minister for Social Welfare the reason an invalidity pension book was not returned to a person (details supplied) in County Wexford.

The renewal pension book which was issued from 5 July 1986 was inadvertently cut from 2 October 1986. A further invalidity pension book payable from 30 October 1986 has been issued to the designated post office of payment. Arrears in respect of the period from 2 October 1986 to 29 October 1986 less any payment which may have been made by the South-Eastern Health Board to the person concerned, will be paid by payable order as soon as possible.

126.

asked the Minister for Social Welfare the reason a claim for unemployment assistance made last August by a person (details supplied) in County Wexford is still waiting a final decision.

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.

127.

asked the Minister for Social Welfare is she will state, in the context of the implementation of the Social Welfare (No. 2) Act, 1985, the immediate and more long term implications for the family income, in the case of a person (details supplied) in Dublin 17 who is in receipt of unemployment benefit and pay related benefit, whose spouse is working, and who has three dependent children; when this person is likely to transfer to unemployment assistance; and the implications of the legislation in this instance.

The Social Welfare (No. 2) Act, 1985, provides for equal treatment for men and women in matters of social welfare. It includes a revised definition of the term "adult dependant" and gives men and women an equal right to claim increases for child dependants. In accordance with regulations under the Act a claimant's spouse who is in insurable employment and earning more than £50.00 weekly will not be admitted as a dependent of the claimant and the increase in respect of child dependants will be paid at half the appropriate rate.

The person concerned is a married man claiming increases of unemployment benefit in respect of an adult dependant and three child dependants. He is at present in receipt of unemployment benefit at the weekly rate of £122.72, comprising personal rate of £41.10, an increase of £26.60 in respect of an adult dependant, a further increase of £28.60 in respect of child dependants and £26.42 pay-related benefit. His current total weekly rate of benefit is limited by the condition which requires that the sum of weekly flat-rate unemployment benefit, pay-related benefit and income tax rebate may not exceed 85% of the average nett weekly earnings of a claimant from the beginning of the tax year to the date of claim.

In a reply to a questionnaire issued by the Department to enable his entitlement under the new provisions to be determined, with effect from 20 November 1986, he has indicated that his wife is insurably employed and earning more than £50.00 weekly. Accordingly, from 20 November, he will not be entitled to an adult dependant allowance and he will be entitled to half the child dependant allowance only. However, because of the reduction in flat-rate unemployment benefit, his total benefit will no longer be limited by the 85% condition and he will be entitled to the full amount of pay-related benefit appropriate in his case of £30.80 weekly. His total entitlement from the operative date, therefore, will be £86.20, being £41.10 personal rate, £14.30 in respect of child dependants and £30.80 pay-related benefit.

If the person concerned continues to claim unemployment benefit he will have drawn his maximum entitlement of 390 days on 21 February 1987. In advance of this date, however, his entitlement to unemployment assistance will be examined. His case will be referred, in the first instance, to a social welfare officer for investigation and then to a deciding officer for assessment of means. His entitlement to unemployment assistance will be determined in the light of this assessment. In assessing his means, his wife's income will be taken into account. On the assumption that she will still be working and not, therefore, his adult dependant, half their joint means will be assessed against him.

The position regarding claims for dependants on his unemployment assistance claim will be the same as that which applies to his unemployment benefit claim, that is he will not be entitled to an adult dependant allowance and will be entitled to half the appropriate child dependant allowance.

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