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Dáil Éireann debate -
Tuesday, 11 Nov 1986

Vol. 369 No. 8

Written Answers. - Social Welfare Equality Legislation.

147.

asked the Minister for Social Welfare the cost under the Social Welfare Equality Legislation to (a) raise the threshold to (i) £100 (ii) £90 (iii) £80; (b) raise the £10 payment to (i) £20 (ii) £30; and what the net outflow from the State would be in each case after allowing for buoyancy/spending tax returns to the State.

Under the equal treatment provisions an adult dependant allowance will no longer be paid in respect of a spouse who is in employment, except where the spouse's earnings are under £50 a week. Data is not available to give a reliable estimate of the cost of increasing the £50 earnings threshold. The cost of the special temporary payment of £10 to a married man who loses the adult dependant allowance where his wife is also on social welfare is of the order of £4.3 million in a full year. The cost of a £20 and £30 transitional payment would therefore be in the order of £8.4 million and £12.9 million respectively. However, it should be noted that a £30 payment would give him an income in excess of what he was entitled to prior to the implementation of the equal treatment measures. The information regarding net outflows from the Exchequer is not available.

148.

asked the Minister for Social Welfare if she will examine the case of an elderly person (details supplied) in Dublin 6 who was refused the contributory old age pension despite the fact that he paid a stamp contribution from age 16 years until he exceeded the limits of the scheme; and if this person is entitled to this, given recent comment on possible changes in entitlement.

Two of the conditions for receipt of contributory old age pension require the person concerned to have entered into insurance under the Social Welfare Acts before he reached age 60 years and to have a yearly average of at least 20 reckonable contributions from 5 January 1953 or from his year of entry into insurance, whichever is the later, to the end of the last complete contribution year before he reached pension age.

The Department's records show that the person concerned was first insured from 1929 to 1941. His employment then ceased to be insurable until he re-entered insurance on 1 April 1974, by which time he had already reached age 60. In order to satisfy the age-at-entry condition, his earlier insurance has to be taken into account and as a result his yearly average falls to be determined over the period from 5 January 1953 to 5 April 1979. He had a total of 262 contributions since his re-entry and this total is equal to a yearly average of only ten over the 26 year period from January 1953 to April 1979. He does not therefore qualify for a contributory old age pension.

The position regarding persons with broken insurance records is being considered in conjunction with the report of the Commission on Social Welfare.

149.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will receive approval for a free telephone rental allowance; and if so, when.

An application for a free telephone rental allowance from the person concerned was approved in August 1981 and she was notified accordingly at that time.

Telecom Éireann are aware of the decision and will arrange to apply the allowance from the date on which the applicant is provided with telephone service.

150.

Mr. Cowen

asked the Minister for Social Welfare when a person (details supplied) in County Offaly will be transferred from disability benefit to invalidity pension.

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

The person concerned was examined on 25 September 1986 by a medical referee who did not consider him to be permanently incapable of work. A deciding officer has decided that he is not, therefore, entitled to invalidity pension. He has been notified of this decision and of his right to appeal.

151.

asked the Minister for Social Welfare the reason for the delay in the payment of invalidity benefit to a person (details supplied) in County Limerick; and when this money will be paid.

The person concerned is at present in receipt of disability benefit at the rate of £67.70 per week, that is £41.10 personal rate and an increase of £26.60 in respect of his wife as adult dependant. His wife is in receipt of invalidity pension in her own right at the weekly rate of £47.10.

Under the overlapping benefit regulations an increase of invalidity pension is not payable in respect of a person who is receiving invalidity pension. If the person concerned were awarded invalidity pension, it would be payable at the personal rate of £47.10 per week only, resulting in a cash reduction of £20.60 per week in his income from the Department.

The person concerned was invited to claim invalidity pension in October 1985 but as it was not to his advantage to claim this pension he did not do so.

However, when the equality of treatment for men and women in social welfare matters is introduced with effect from 17 November 1986, the person concerned will no longer be entitled to claim an increase of disability benefit in respect of his wife. It is now, therefore, to his advantage to transfer to invalidity pension. A form on which to claim this pension has been forwarded to him and on its return, duly completed, the claim will be dealt with without delay. Invalidity pension will be paid to him at the personal rate of £47.10 per week.

152.

asked the Minister for Social Welfare the present position regarding the application of a person (details supplied) in County Kerry for a substantial increase in his unemployment assistance, having regard to the serious deterioration in his household income; and if she will make a statement on the matter.

The person concerned requested a review of his unemployment assistance claim on 2 October 1986 and his papers were referred to the social welfare officer for reinvestigation of 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 this assessment. In the meantime, weekly payments of £18.10, being the appropriate maximum rate payable in his case of £70 less means of £51.90 will continue to be made.

153.

asked the Minister for Social Welfare the cause of the very long delay in deciding the unemployment assistance appeal lodged by a person (details supplied) in County Kerry six months ago; and if she will make a statement on the matter.

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 24 June 1986 and, arising from contentions raised by him in support of his appeal, his papers were sent to the social welfare officer for further inquiries.

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 headage payments as certain correspondence was mislaid in postal transit. The social welfare officer has, however, 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.

154.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who was disallowed disability benefit four months ago, and who has made a second appeal since 24 Sepember will receive a decision.

The person concerned was paid disability benefit to 5 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 4 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.

155.

asked the Minister for Social Welfare if she will direct that disability benefit be restored to a person (details supplied) in Dublin 12 who saw an appeals officer on 23 October 1986 and who was in hospital for two weeks immediately after being told he was fit for work by Departmental referees; if she is aware that this man is the father of four young children and was taken to hospital again in recent days suffering from a sleeping tablet overdose; and if she will treat the matter as most urgent.

Payment of disability benefit to the person concerned was disallowed from 17 July 1986 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 on 12 August 1986 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 from 17 July 1986 to 8 October 1986 — the date of the latest medical certificate before him.

Accordingly, payment of benefit has been restored and all arrears of benefit payable have been issued to him.

156.

asked the Minister for Social Welfare if she will clarify the situation regarding the disability benefit payable to a person (details supplied) in Dublin 9; and the action she intends to take to ensure that this person has sufficient moneys for survival.

The person concerned claimed disability benefit from 11 August 1986, and is currently being paid at the weekly rate of £67.70, the maximum rate appropriate to a married man. Pay-related benefit is being issued at the weekly rate of £21.51. His wife is also in receipt of disability benefit at the weekly rate of £41.10.

From 17 November 1986, when the second phase of equal treatment for men and women in social security is introduced, the person concerned will no longer receive an increase in benefit in respect of his wife, as she is in receipt of disability benefit in her own right. However, a special temporary payment of £10 a week will be made to him. This payment will be given until his claim ends or for 52 weeks, whichever is less. If his means are still insufficient to meet his needs, he should also contact his local community welfare officer, with a view to claiming supplementary welfare allowance.

Payment is being issued at regular weekly intervals on receipt of medical evidence and all benefit payable has been issued to 3 November 1986.

157.

asked the Minister for Social Welfare the reasons that unemployment assistance has not been paid to a person (details supplied) in County Galway; if she will now direct her Department to pay this person immediately; the reasons for the delay, the amounts, both weekly and arrears due to him; the date of payment; and if she will make a statement on the matter.

Following investigation, the unemployment assistance claim of the person concerned was disallowed on 4 July 1985 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 29 July 1985 and his papers were returned to the social welfare officer in order to afford him a further opportunity to co-operate in the investigation of his means. Despite extensive inquiries the person concerned was unable to satisfy the social welfare officer that he had fully disclosed his means. At the oral hearing of the appeal, which was held on 19 June 1986, the appeals officer deferred his decision on the case when a representative of the person concerned agreed to furnish the required information at an early date. When the social welfare officer called to the claimant subsequently to obtain the required information from him it was not made available. The papers were accordingly returned to the appeals officer who directed that the person concerned be advised that he would be given a final opportunity at the forthcoming re-hearing of his case to provide the required information. A letter to this effect was issued to him on 14 October 1986. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the outcome of the appeal.

158.

asked the Minister for Social Welfare the reasons unemployment benefit has not been paid to a person (details supplied) in County Galway; if she will now direct her Department to make immediate weekly and arrears payments; the date and amounts of payments to be made; and if she will make a statement on the matter.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for work. The person concerned claimed unemployment benefit from 17 January 1986 to 25 March 1986 and again from 8 July 1986. Her claims were disallowed by a deciding officer on the grounds that she was not available for work. She appealed against the disallowance and attended an oral hearing of her appeal on 8 September 1986. The appeals officer also decided that she was not available for work.

She continued to sign the unemployment register and, accordingly, her claim was submitted for decision from 9 September 1986, the date after the appeals officer's decision. On the basis of fresh evidence furnished by her regarding her availability for work, her claim was allowed from 9 September. Arrears of flat rate unemployment benefit amounting to £277.77 issued to her on 7 November 1986. Weekly payments of £36.75 will continue to be made as they become due. Her entitlement to pay-related benefit is being considered at present.

159.

asked the Minister for Social Welfare the reasons unemployment benefit has not been paid to a person (details supplied) in County Galway; if she will direct her Department to make immediate weekly and arrears payments; the amounts of each; the date of payment; and if she will make a statement on the matter.

Following a review of the unemployment assistance claim of the person concerned, he was assessed with means of £63.85 weekly, derived from the profit from his holding, from 20 November 1985.

He appealed against the amount of means assessed against him and the appeals officer recently reduced the assessment to £48.25 weekly. This gave him entitlement to unemployment assistance at the weekly rate of £10 from 20 November 1985, increased to £13.05 from 9 July 1986. All arrears due to the person concerned amounting to £365.30, for the period up to 5 August 1986 when he ceased to sign the unemployed register, will be paid to him this week at his local post office.

160.

asked the Minister for Social Welfare if a decision on the appeal submitted by a person (details supplied) in County Kerry in relation to his claim for disability benefit will be expedited.

Payment of disability benefit to the person concerned was disallowed from 16 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.

161.

asked the Minister for Social Welfare the reason for the delay in making payment of disability benefit to a person (details supplied) in County Kerry.

The person concerned submitted one final medical certificate indicating that he was fit to resume work on 26 July 1986. Further information was necessary to establish the duration of incapacity before any payment could be made.

He submitted a letter from his employers detailing absences from work up to 15 May 1986. This letter, however, did not contain enough information to decide the claim. The period of his incapacity has now been supplied by his employers over the telephone. Arrears of disability benefit less overpayments in respect of previous claims were issued to the person concerned on 10 November 1986.

162.

asked the Minister for Social Welfare the reasons unemployment assistance was reduced from £13.80 weekly to the present rate of £4.50 weekly in the case of a person (details supplied) in County Tipperary, who resides with his aged mother, has no land of his own and whose income is derived from the sale of milk from three cows; if she will have the case thoroughly investigated; and if she will make a statement on the matter.

Following reinvestigation of his unemployment assistance claim the means of the person concerned were assessed at £32.65 weekly from 27 November 1985, derived from the sale of milk and stock. He appealed against the means assessment and on 1 May 1986 an appeals officer reduced his assessment to £31 weekly.

He is, accordingly, in receipt of unemployment assistance of £4.50 weekly, being the appropriate maximum rate payable in his case of £35.50 less means of £31. If the person concerned feels that his circumstances have changed since the last investigation of 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.

163.

asked the Minister for Social Welfare the reason arrears of invalidity pension granted to a person (details supplied) in County Tipperary had not been paid from 21 November 1985, when this will be paid, and how much will be paid.

A payable order for £623.95 will be issued to the person concerned on 14 November 1986.

164.

asked the Minister for Social Welfare the reason a person (details supplied) in County Tipperary has had his unemployment assistance reduced by £30; when the decision on his appeal will be known; and if this appeal will be expedited.

The person concerned was in receipt of unemployment benefit at the appropriate weekly rate of £73.85 up to 9 June 1986, when he had drawn his maximum entitlement of 390 days benefit. He then claimed unemployment assistance and, following investigation, his means were assessed at £38.45 weekly, derived from self-employment. He is, accordingly, in receipt of unemployment assistance at the weekly rate of £41.45, being the maximum rate payable in his case of £79.90 less means of £38.45.

He appealed against the means assessment 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 were recently completed and arrangements are being made to have his case submitted to an appeals officer at the earliest opportunity. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal.

165.

asked the Minister for Social Welfare the plans her Department have to increase the income limit for non-contributory pensions as in the previous years.

It is assumed that the Deputy is referring to the means limits for receipt of non-contributory pensions. In the case of non-contributory old age, blind and widows' pensions and social assistance allowances for deserted wives, prisoners' wives and unmarried mothers the maximum rate of pension or allowance is payable where the applicant's means do not exceed £6 per week. There are no plans to increase this amount which has remained unchanged since 1975.

The maximum amount of means which a pensioner can have and still qualify for a reduced non-contributory pension at the personal rate is £48 per week. A pensioner with children may receive a reduced pension where the weekly means exceed £48 a week. The means limits for payment of reduced pensions and allowances have been varied from time to time in the light of increases in rates of payments.

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