asked the Minister for Social Welfare the present position regarding a claim for invalidity benefit submitted by a person (details supplied) in County Donegal.
Written Answers. - Social Welfare Payments.
153.
Invalidity pension is payable to insured persons who satisfy the contribution conditions and are permanently incapable of work.
The person concerned was examined on 18 November 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 of appeal.
154.
asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford claiming disability benefit had her allowance reduced because of arrears of a previous claim overpayment, when this is the first time that this person ever claimed from her Department.
The person concerned claimed disability benefit from 22 October 1986 and payment has been issued to 26 November 1986 the date of the latest medical certificate received.
She claimed and was paid unemployment assistance to which she was not entitled between 15 September 1984 and 18 January 1985, as she had been attending a commercial course during that period. As a result she incurred an overpayment of £551.05. This amount is being recovered by weekly deductions of £6 per week for her current entitlement. A balance of £527.05 is still outstanding.
Payment of disability benefit will continue to be issued to the person concerned while she remains incapable of work.
155.
asked the Minister for Social Welfare the progress being made on the application of a person (details supplied) in County Kilkenny for an invalidity pension.
Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work.
Arrangement are being made to have the person concerned examined by a medical referee on 18 December 1986. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.
157.
asked the Minister for Social Welfare if, in the light of the statement made by the Minister of State at her Department in the Seanad on 22 October last, on the procedures for payments for people of no fixed abode, she will (a) confirm that unemployment assistance cannot be paid to persons of no fixed abode; (b) outline the procedure used to decide that a person is of no fixed abode; and the criteria involved.
There are many persons receiving unemployment assistance who do not have permanent addresses. The statement made in the Seanad by the Minister of State on 22 October 1986 outlined clearly the signing and payment arrangements for such persons.
The general practice in administering the unemployment assistance scheme is that applicants are visited at their home address by a social welfare officer to verify the authenticity of the claim and the applicant's circumstances. Where a person, for one reason or another, cannot immediately supply an address at which he or she can be interviewed there may be some delay in having the claim processed. In these circumstances he or she would normally be invited to apply to the community welfare officer for assistance, including the necessary cost of obtaining shelter. However on completion of the usual inquiries into the unemployment assistance claim, payments would be made in the ordinary way.
Persons of no fixed abode include all those with no permanent address, for example, persons who reside at halting sites or who temporarily reside in hostels or other institutions for the homeless.
159.
asked the Minister for Social Welfare the provisions which have been or will be made for the continuing of the free fuel scheme; and the guidelines now in operation for the issuing of such vouchers.
As a result of a Supreme Court judgment on 19 November 1986 declaring the regulations governing the national fuel scheme to be ultra vires the scheme in effect ceased to exist from that date.
Pending a complete review of the situation, arrangements have been made to enable health boards to continue paying fuel allowances for the remainder of the present heating season in the same manner and under the same eligibility conditions to those persons who would have received allowances previously.
The urban fuel scheme is not affected by the judgment.
160.
asked the Minister for Social Welfare the arrangements which are in place for the payment of supplementary welfare allowance to people who find themselves unable to keep themselves due to the introduction of the equality legislation, and in particular what can be done to assist a person (details supplied) in Dublin 9 who is separated from his wife, is paying her maintenance under a court order, and is unable to survive at present.
161.
asked the Minister for Social Welfare the action she intends to take regarding the situation in which many couples find themselves due to the equality legislation, who have been turned away from the community welfare offices when they attempt to claim supplementary welfare allowance, because of the trade union ruling on such assistance.
It is proposed to take Questions Nos. 160 and 161 together
As part of the arrangements for introducing equality of treatment in the social welfare system the Government has provided a number of alleviating measures of an extensive nature designed to cushion the effects of the arrangements. These measures are at present being implemented and largely replace measures announced earlier in relation to persons with financial commitments such as rent and mortgage payments.
In the particular case referred to by the Deputy the person concerned is in receipt of disability benefit and pay-related benefit and his wife is in receipt of disability benefit in her own right. Under the first phase of the equal treatment provisions, the rate of disability benefit to married women was increased by £5. Under the second phase of these provisions a wife who is in receipt of a social welfare payment is no longer regarded as a dependant and the husband no longer qualifies for an adult dependant allowance previously payable in respect of her. However, he qualifies for a transitional payment of £20 per week under the alleviating provisions. The overall reduction in social welfare payments to the couple under the equal treatment provisions is £1.60 per week.
The loss of income in certain other situations where both spouses are in receipt of social welfare payments may be somewhat greater. A scheme is being devised to provide additional assistance by the Department on the lines approved by the Government in those cases where there are financial commitments such as rent or mortgage payments. The persons concerned will be contacted individually in those cases and will be given information about the details of the scheme.
The alleviating measures taken as a whole are extensive in nature and scope and lessen substantially the impact of the equal treatment provisions.
162.
Mr. Cowen
asked the Minister for Social Welfare if a person (details supplied) in County Offaly has again been deemed eligible for disability benefit as a result of a medical referee's examination which took place at Birr, County Offaly on 18 November 1986.
Disability benefit was disallowed from 8 July 1986 following an examinating by a medical referee who expressed the opinion that the person concerned was capable of work. She appealed against the disallowance of benefit and was examined by a different medical referee on 18 November 1986 who also expressed the opinion that she was capable of work.
Her appeal has been referred to an appeals officer who proposes to hold an oral hearing of her claim as soon as possible.
163.
asked the Minister for Social Welfare the reason arrears of an invalidity pension due since 20 February 1986 to a person (details supplied) in County Offaly have not been paid.
A condition for the receipt of invalidity pension is that the claimant must be permanently incapable of work. When the person concerned applied for invalidity pension in February 1986 he was informed that the medical referee who had examined him on 22 October 1985 did not consider him to be permanently incapable of work and that the deciding officer had accordingly decided that he was not entitled to invalidity pension and he was given the right to appeal.
He appealed this decision and he was examined by a different medical referee on 19 August 1986. The conditions for the receipt of invalidity pension were satisfied following this examination and a form on which to claim the pension was forwarded to him. On receipt of completed claim form this pension was awarded from 20 February 1986, the date of first application and was put into payment from 13 November 1986. Arrears in respect of the period from 20 February 1986 to 12 November 1986 less the amount of disability benefit paid during that period will be paid by payable order on 10 December 1986.
164.
asked the Minister for Social Welfare the reason occupational injury benefit has been reduced from £85.61 to £73.72 in respect of a person (details supplied) in County Offaly.
The person concerned claimed and was paid occupational injury benefit from 15 August 1985 to 12 February 1986, when he exhausted his 26 week entitlement to this benefit. His claim was then transferred to disability benefit, and he is currently being paid at the weekly rate of £67.70, the maximum rate payable to a married man.
He was also paid pay-related benefit from 5 September 1985 to 17 November 1986, after which date his entitlement to this benefit was exhausted. All benefit payable has been issued up to 28 November 1986, the date of the latest medical certificate received.
165.
asked the Minister for Social Welfare the correct amount of social welfare assistance payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter.
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 the person concerned 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 this week.
166.
asked the Minister for Social Welfare the reason disability benefit payable to a person (details supplied) in County Tipperary has been reduced the week before last from £105 to £93 and last week to £69 as his wife is not working and is not receiving any social welfare payments; when the full amount will be paid; the amount which will be paid; and the amount of arrears which will be made.
The person concerned claimed disability benefit from 5 March 1985 and was paid at the maximum weekly rate of £105 up to 15 November 1986. Under an EC directive the 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.
The weekly rate of the person concerned was reduced to £69.75 from 17 November 1986, as he informed the Department that his wife was in receipt of a social welfare benefit in her own right. This meant that he was no longer entitled to an increase in benefit in respect of her, and was only entitled to half the increase payable in respect of his children.
However, it has now been established that his wife is not currently in receipt of any social welfare benefit, and is not employed. Accordingly his weekly rate has been restored to £105. An adjustment cheque of £82.25 paying him arrears from 17 November 1986 to 2 December 1986, has now issued. All benefit payable has been issued up to 2 December 1986, the date of the latest medical certificate received.
167.
asked the Minister for Social Welfare the reason disability benefit of a person (details supplied) in County Tipperary has been reduced as his wife is not working or receiving social welfare payments; when it will be restored to its earlier level; and the amount which will be paid.
The person concerned claimed disability benefit from 14 August 1984 and is currently being paid at the weekly rate of £87.60, the maximum rate appropriate to a married man with a wife and two dependent children.
The payment has been reduced under the equal treatment provisions as his wife's circumstances were unknown on 17 November when the provisions came into effect. It has since been established that his wife has no income of her own and that he is entitled to continue to be paid an adult dependant allowance for her. Payment is issued at regular weekly intervals on receipt of monthly medical evidence and all benefit payable has been issued to date.
168.
asked the Minister for Social Welfare the reason disability benefit has been disallowed to a person (details supplied) in County Tipperary who suffers from severe spinal trouble and is attending an orthopaedic surgeon; when these payments will be resumed; and the amount which will be paid.
Payment of disability benefit to the person concerned was disallowed from 19 November 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 referees report following this examination.
169.
asked the Minister for Social Welfare when he will pay a free electricity allowance to a person (details supplied) in County Wexford.
There is no record in the Department of receipt of an application for a free electricity allowance from the person concerned. An application form has therefore been issued to him and it should be completed and forwarded in the first instance to the ESB for attention. On receipt of the completed application form, his entitlement will be considered and he will be notified of the outcome.
Persons who qualify for a free electricity allowance are automatically entitled to a free television licence which may be obtained on application at their local post office.
170.
asked the Minister for Social Welfare when she will grant an invalidity pension to a person (details supplied) in County Wexford who has been on disability benefit for 11 years.
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 19 December 1986. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.
171.
asked the Minister for Social Welfare the reason for the refusal of disability benefit to a person (details supplied) in County Limerick; when this money will be paid; and if she will make a statement on the matter.
The person concerned claimed disability benefit from 12 March to 23 August 1986. She then claimed maternity benefit from 25 August 1986 to 15 November 1986. The records of the Department indicate that all benefit payable in respect of both claims has been issued to her and that there are no amounts outstanding.
172.
asked the Minister for Social Welfare the reason dental benefit was refused to a person (details supplied) in County Limerick due to a mistake in her Department in relation to the date of birth of the person concerned; and if she will make a statement on the matter.
A claim to dental benefit on behalf of the person concerned was received on 7 November 1986.
The completed application form incorrectly showed the claimant's date of birth as 11 August 1942. This did not correspond with the date of birth on the Department's records and, therefore, it was necessary to request further information before the claim could be authorised. This is a standard procedure to establish the identity of the person claiming dental benefit.
The person concerned confirmed the correct date of birth on 15 November 1986. The dental claim was immediately approved and notifications to this effect were issued to the claimant and to her dentist on that date.
However the dentist has confirmed that the appointment for 28 November 1986 could not be fulfilled because he had only received the notification confirming the claimant's entitlement on that day. He also confirmed that a subsequent appointment arranged for 3 December 1986 had to be cancelled by him as he was not available for personal reasons. It is understood that a new appointment has been arranged for 5 January 1987.
173.
asked the Minister for Social Welfare if she will arrange for the immediate payment of disability benefit and arrears due from the 13 October 1986 to a person (details supplied) in County Clare.
Payment of disability benefit to the person concerned was disallowed for the statutory period of nine weeks from 14 October 1986 as she failed to attend for examination by a medical referee of the Department on 1 October 1986.
When the person concerned submitted an explanation for failure to attend for examination it was accepted as showing good cause for her non-attendance and payment of benefit was restored from 14 October 1986.
All disability benefit payable to the person concerned has issued to 1 December 1986, the date of the latest medical certificate received.
174.
asked the Minister for Social Welfare when full rate of disability benefit will be paid to a person (details supplied) in County Kildare who has been deemed fit to work by the social welfare referee but deemed unfit for work by his own doctor and his employer's doctor; and if she will indicate, in view of the serious hardship caused, whether the case will be dealt with expeditiously.
The person concerned was paid disability benefit to 29 November 1986 after which date payment was disallowed following an examination by a medical referee who expressed the opinion that he was capable of work.
He appealed against the disallowance and arrangements have been made to have him examined by a different medical referee as soon as possible, His entitlement to benefit will then be reviewed in the light of the medical referee's report.
175.
asked the Minister for Social Welfare when a person (details supplied) in County Monaghan will receive a dependant's allowance with his Invalidity Pension.
The person concerned has been issued with an adult dependant allowance in respect of his wife with effect from 9 October 1986. A pension book at £30.60 has been issued to the designated post office of payment on 8 December 1986.
176.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded unemployment assistance payments; if so, when and at what rate; and if she will expedite the matter in view of the delay in processing this claim.
Entitlement to unemployment assistance is dependent on a claimant being the holder of a qualification certificate and to obtain such a certificate a claimant must satisfy certain conditions, including an assessment of means.
The person concerned claimed unemployment assistance and his papers were referred to a social welfare officer for investigation of means. These investigations have proved to be extremely protracted and it will be necessary for the social welfare officer to visit the claimant again.
It is hoped that these inquiries will be completed this week. The claim will than be submitted to a deciding officer for assessment of means. The entitlement of the person concerned to unemployment assistance will be determined in the light of this assessment.
177.
asked the Minister for Social Welfare when payment of an invalidity pension will be made to a person (details supplied) in County Louth; and the amount of the payment and the arrears due.
Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work.
It has not been possible from the information supplied to trace the RSI number or insurance number of the claimant. If an RSI number or insurance number can be quoted, this will enable the claim to be identified and the information sought by the Deputy to be supplied.