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Dáil Éireann debate -
Tuesday, 16 Dec 1986

Vol. 370 No. 13

Written Answers. - Social Welfare Payments.

235.

asked the Minister for Social Welfare if she will expedite payment of disability benefit to a person (details supplied) in Dublin 8; and when this will be paid.

Payment of disability benefit to the person concerned was disallowed from 30 November 1986 following examination by a medical referee who expressed the opinion that she was capable of work.

She was notified of the decision to disallow payment of benefit and informed of her right to appeal. She has not indicated to the Department that she wishes to appeal against the decision.

236.

asked the Minister for Social Welfare if an invalidity pension will be paid to a person (details supplied) in County Cork.

The person concerned has been awarded an invalidity pension with effect from 14 August 1986. Pension books payable from 4 December 1986 have been issued to the designated post office of payment. Arrears of pension due for the period from 14 August 1986 to 3 December 1986 less the amount of disability benefit paid during the same period have been issued by payable order on 10 December 1986.

237.

asked the Minister for Social Welfare the reasons for the delay in having unemployment benefits paid to a person (details supplied) in County Dublin.

Entitlement to pay-related benefit with flat rate unemployment benefit is subject to the condition that the weekly sum of pay-related benefit, flat rate unemployment benefit and income tax rebate may not exceed 85 per cent of the net average weekly earnings of a claimant.

The person concerned claimed unemployment benefit on 24 January 1986 and payment of flat rate unemployment benefit was made at the weekly rate of £85 to 9 July 1986 increasing to £87.60 from 10 July 1986 in accordance with the budget increase. The 85 per cent limit applicable in his case was calculated at £76.45 and, as the rate of flat rate unemployment benefit exceeded this figure, no pay-related benefit was payable.

Resulting from the implementation of the second phase of the EC Directive on equal treatment for men and women in social welfare matters from 20 November 1986, an unemployment benefit claimant whose spouse is in insurable employment and earning more than £50 weekly may not be admitted as a dependant of the claimant. The wife of the person concerned is in insurable employment and earning more than £50 weekly; as a result, she was considered not to be an adult dependant from 20 November 1986, and the adult dependant allowance, previously payable in respect of her, ceased. Consequently the flat rate unemployment benefit of the person concerned was reduced to £71 weekly. This comprises a personal rate of £41.10; £19.90, being the appropriate child dependant increase in respect of two children, and on a transitional basis, £10, to alleviate the loss of the adult dependant allowance. Half of the child dependant increase is being paid on a transitional basis.

As £71 was below the 85 per cent limit applicable in his case, from 20 November 1986 he became entitled to pay-related benefit of £5.45 weekly, being the difference between the limit figure of £76.45 and £71. Arrears of pay-related benefit due will be paid this week.

There appears to be some doubt regarding the amount of income tax paid by the person concerned during the period 6 April 1985 to 17 January 1986 when his employment terminated. Inquiries are being made to ascertain the correct amount of income tax which was payable in his case. When these inquiries are completed his entitlement to pay-related benefit will be reviewed.

238.

asked the Minister for Social Welfare when a decision will be made regarding the entitlement to invalidity pension in the case of person (details supplied) in Dublin 12.

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. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

239.

asked the Minister for Social Welfare if a decision has been reached in the case of a person (details supplied) in Dublin 12, who is an applicant for payment of an invalidity pension.

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

One of the contribution conditions for invalidity pension is that the claimant has qualifying contributions in respect of not less than 156 contribution weeks of insurable employment since her entry into insurance. According to the Department's records there are only 64 such weeks of insurable employment registered in respect of the person concerned since her entry into insurance. A deciding officer has accordingly decided that she is not entitled to invalidity pension.

240.

asked the Minister for Social Welfare when a decision will be made regarding the entitlement to invalidity pension in the case of a person (details supplied) in Dublin 24.

The person concerned is in receipt of invalidity pension since March 1979. Arising from a problem which arose when she lost her pension book and subsequently changed her address, arrears of pension amounting to £70.20 are due to her in respect of the period from 17 April 1986 to 7 May 1986. This represents the amount of pension payable for that period less the amount of supplementary welfare allowance paid to her by the Eastern Health Board.

241.

asked the Minister for Social Welfare the reasons a claim for a death grant was refused in the case of a person (details supplied) in Dublin 12.

The person concerned is not entitled to a death grant in respect of his late aunt.

One of the conditions for the receipt of a death grant is that the deceased must have had at least 26 paid contributions since entry into insurance or since 1 October 1970 (whichever is the later). Persons born before 22 March 1901 are excluded from receipt of the grant. In this case the deceased person was born in 1895. A death grant cannot therefore, be paid in this case.

242.

asked the Minister for Social Welfare when a decision will be made regarding the entitlement to an invalidity pension in the case of a person (details supplied) in Dublin 12.

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

The person concerned was examined on 28 October 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.

243.

asked the Minister for Social Welfare if she will reconsider the application regarding entitlement to old age contributory pension in the case of a person (details supplied) in County Dublin.

One of the qualifying conditions for receipt of an old age contributory pension requires a person to have a yearly average of at least 20 reckonable contributions over the period from the beginning of the 1953 contribution year or from his year of entry into insurance, whichever is the later, to the end of the last complete contribution year before reaching pension age.

The Department's records show that the person concerned had 472 reckonable contributions in the average test period which, in his case, is from January 1953 to April 1982, This is equal to a yearly average of only 16 and, therefore, he does not qualify for an old age contributory pension.

244.

asked the Minister for Social Welfare the reason disability benefit has been discontinued to a person (details supplied) in County Louth; if she is aware that this applicant was employed by two companies for three years up to September 1985 when he became redundant and that he had been in receipt of disability benefit since then; and the reason his benefit has expired.

The person concerned claimed disability benefit from 30 August 1985. Benefit issued from 3 September 1985, fourth day of incapacity, and is currently issuing at the weekly rate of £41.10, the maximum rate appropriate to a widower with no dependent children.

He was also paid pay-related benefit from 20 September 1985, nineteenth day of incapacity, to 1 December 1986, when his sixty-two and a half week entitlement to this benefit was exhausted.

Due to an administrative error, the person concerned was informed that he would not be entitled to benefit from 5 January 1987, as he had not sufficient contributions recorded in the 1985-86 year. However, he has 52 contributions recorded in this year, and is entitled to continuing payment.

All benefit payable has been issued to 8 December 1986, the date of the latest medical certificate received. Further benefit will issue on receipt of continued medical evidence of incapacity.

245.

asked the Minister for Social Welfare the reasons that arrears of invalidity pension have not been paid to a person (details supplied) in County Galway; if these will be paid immediately; the date of payment; the amount of arrears; and if she will make a statement on the matter.

The person concerned was awarded an invalidity pension from 24 July 1986. A pension book payable from 13 November 1986 issued to the designated post office of payment on 24 October 1986. A payable order for £96 to cover arrears of invalidity pension due for the period from 24 July 1986 to 12 November 1986 was issued to the person concerned on 12 December 1986.

246.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford was not entitled to a maternity allowance recently claimed, despite the fact that both herself and her husband have paid contributions over the years.

The person concerned claimed maternity benefit under the general scheme on 25 August 1986 in respect of her confinement expected on 23 October 1986.

Title to maternity benefit is based on a woman's insurance record only. The Department's records indicate that the person concerned had insufficient contributions paid or credited in either the 1984-1985 or the 1985-1986 tax years, the contribution years which governed her claim. Her husband's insurance record cannot be taken into account in deciding her title to maternity benefit.

247.

asked the Minister for Social Welfare if she will transfer a person (details supplied) in County Wexford from disability benefit to an invalidity pension.

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 9 January 1987. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

248.

asked the Minister for Social Welfare if she will transfer a person (details supplied) in County Wexford from disability benefit to an invalidity pension.

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

Arrangements were made to have the person concerned examined by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

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