asked the Minister for Social Welfare if she will make a statement on the manner in which disability benefit paid to a person (details supplied) in Dublin 5 was reduced recently arising out of the implementation of the equality directive.
Written Answers. - Social Welfare Benefits.
124.
The person concerned claimed disability benefit from 12 December 1983, and was paid at the weekly rate of £67.70 up to 15 November 1986. Under the EC directive my Department is required to provide for the implementation of equal treatment between men and women in matters of social security.
As a result of the above directive, the Social Welfare (No. 2) Act, 1985, was passed, giving men and women the same entitlement when claiming social welfare benefits. The first phase was introduced in May 1986. This ensured that married women were entitled to the same personal rate as other claimants. The second phase was implemented on 17 November 1986. From this date men and women have similar entitlement when claiming increases of benefit in respect of an adult and-or child dependants.
In the case of the person concerned, this has meant that from 17 November 1986, he is no longer entitled to an increase of benefit in respect of his wife, as she is in receipt of a social welfare pension in her own right.
His weekly rate of benefit was, therefore, reduced to the personal rate of £41.10 per week, with effect from 17 November 1986. In order to avoid hardship a special transitional payment of £10 per week, was made to the person concerned. Under measures recently announced, a further transitional payment of £10 a week will also be made with effect from 17 November 1986.
Payment is issued at regular weekly intervals on receipt of monthly medical evidence and all benefit payable has been issued to date.
125.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded unemployment assistance payments further to a repeat application that he has made; if so, when and at what rate; and in view of the fact that the person in question has no property or assets of his own if she will clarify the reasons these details are sought.
The person concerned was in receipt of unemployment benefit up to 28 August 1986, when he had drawn his maximum entitlement of 390 days benefit. He claimed unemployment assistance from 29 August 1986.
Entitlement to unemployment assistance is dependent on an applicant being the holder of a qualification certificate and, to obtain such a certificate, an applicant must satisfy certain conditions, including an assessment of means.
Following investigation, his unemployment assistance claim 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. In particular he failed to show that he is not benefiting from his family's holding, on which he lives. He appealed against the decision and an appeals officer, on 13 October 1986, also disallowed his claim.
The person concerned again claimed unemployment assistance from 18 November 1986 and his papers have been referred to a social welfare officer for investigation. 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 determined in the light of this assessment.
126.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded a non-contributory old age pension on an appeal basis in view of the substantial outgoings on the family farm; and if so, when a final decision will be given in this regard.
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 £86.54 a week, representing half the weekly income from two holdings of approximately 113 acreas. In calculating the means, allowance was made for family labour (£5,000 a year) and interest on borrowings (£7,895). Details of the assessment of means have been furnished to the person concerned.
In the light of the Deputy's representations, a form has been issued to the person concerned enabling her to appeal the decision of the deciding officer. On receipt of the completed form in this Department, the case will be referred to an appeals officer for determination.
127.
asked the Minister for Social Welfare when an appeal on a claim for disability benefit will be heard for a person (details supplied) in County Kilkenny.
The person concerned was paid disability benefit to 7 June 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. He will be notified of the time and place fixed for the hearing when the final arrangements have been completed.
128.
asked the Minister for Social Welfare when two disability benefit payments will be made to a person (details supplied) in County Carlow.
The person concerned claimed disability benefit from 30 June 1986, and was paid to 26 August 1986, the date of the latest medical certificate received.
He again claimed benefit from 17 November 1986, and his claim has been authorised for payment. Benefit will be issued at the weekly rate of £41.10, the maximum rate payable to a married man whose wife is employed and earning over £50 per week. Payment of benefit will be made on receipt of medical evidence, which should be forwarded at regular weekly intervals.
A list of all the cheques which have issued to the person concerned has been sent to him, so that he may indicate which, if any have not been received. The issuing of replacement cheques will be considered on receipt of his reply.
129.
asked the Minister for Social Welfare if she will expedite the decision regarding an application for an old age pension of a person (details supplied) in County Roscommon.
It was decided by a deciding officer on 14 August 1986 that the person concerned is not entitled to an old age non-contributory pension as he does not fulfil the statutory condition as to means. The assessment of his means consisting of the weekly value of a holding exceeds the statutory limit for entitlement to pension.
An appeal was lodged against the decision and the case was referred to an appeals officer who requested further details from the social welfare officer. This information has now come to hand and the appeal has been referred back to the appeals officer for determination. The person concerned will be notified of the outcome without delay.
130.
asked the Minister for Social Welfare the present position of person (details supplied) in Dublin 7 as a result of the EC directive on equality, if this person's unemployment assistance will in fact be only slightly greater than a single man's entitlement even though this person has two children to support and whose wife is in receipt of disability benefit; and the further assistance which can be given to them.
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. Under the Act a claimant's spouse who is in receipt of disability benefit may not be admitted as a dependant of the claimant and the increase in respect of child dependants is payable at half the appropriate rate to each of the couple.
The Act also provides, at section 12 (4), that where a spouse is entitled to one of a number of contributory social welfare benefits (including disability benefit) and the other spouse is entitled to unemployment assistance, the total amount payable to them by way of benefit and assistance shall not exceed the total amount which would be payable to the family if the spouse on disability benefit were receiving an increase of that benefit in respect of the other spouse. The section provides that where this limit is exceeded, the rate of unemployment assistance is to be reduced accordingly.
The wife of the person concerned is in receipt of disability benefit of £51.05 weekly, which includes half the appropriate rate for two child dependants. The flat rate amount to which his wife would be entitled if her husband were her adult dependant is £87.60. Therefore, the maximum amount of unemployment assistance payable is £36.55 weekly, being the difference between £87.60 and £51.05.
Her husband is currently in receipt of this amount, plus the special transitional payment of £10 which was awarded to alleviate the loss of an increase in respect of his wife brought about by the equal treatment provisions. In accordance with the recent Government decision to provide additional relief in cases such as this, the person concerned will now qualify for a further transitional payment of £10 with effect from 19 November 1986, thus increasing his weekly rate to £56.55. Arrangements have been made to pay all arrears due to him as soon as possible.