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Dáil Éireann debate -
Tuesday, 24 Mar 1987

Vol. 371 No. 2

Written Answers. - Social Welfare Benefits.

50.

asked the Minister for Social Welfare when a person (details supplied) in Dublin 11 will be examined by a medical referee for entitlement 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 26 January 1987 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.

51.

asked the Minister for Social Welfare when social welfare payments will be regularised and arrears paid to a person (details supplied) in County Wexford.

The person concerned claimed disability benefit from 7 April 1986. No further medical evidence of incapacity was received in the Department until 15 September 1986. Payment of benefit was authorised from 8 September 1986, seven days before the date of receipt of medical evidence, and he was asked to forward an explanation for his failure to submit medical evidence for the period from 7 April 1986 to 15 September 1986.

He subsequently submitted an explanation and this has been accepted as showing good cause for the late notification of his claim. Accordingly his claim has been authorised for payment from 10 April 1986, fourth day of incapacity, and all benefit payable has been issued to 10 March 1987, the date of the latest medical certificate received, less £708.50 refunded to the South Eastern Health Board, in respect of supplementary welfare allowance advanced.

Benefit is issuing at regular weekly intervals on receipt of medical certificates.

52.

asked the Minister for Social Welfare the reason for the delay in the decision on an application for invalidity pension by a person (details supplied) in Dublin 11 as this person applied in May 1986 and to date has received no word from his Department; and when the decision will be made available.

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

When the person concerned applied for an invalidity pension it transpired that his record of insurance contributions and credits for the years 1982-83 and 1984-85 required to be investigated. These investigations have now been satisfactorily completed and a form on which to claim invalidity pension has been forwarded to the person concerned. On its return, duly completed, the claim will be dealt with without delay.

53.

asked the Minister for Social Welfare whether a person (details supplied) in County Wexford will be awarded an invalidity pension; if so, when; and if he will be considered for monthly certificates for disability benefit on an interim basis while the matter is under consideration.

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 entry into insurance.

According to the Department's records there are only 125 such weeks of insurable employment registered in respect of the person concerned since his entry into insurance. Therefore the person concerned is not entitled to invalidity pension.

Similarly, disability benefit may only be paid for a period of 52 weeks where a person has less than 156 paid contributions. The claimants entitlement to disability benefit will therefore cease in August 1987. In the circumstances it is not considered appropriate to transfer him to monthly certificates.

54.

asked the Minister for Social Welfare if he will make a statement on the eligibility of a person (details supplied) in County Dublin for an old age contributory pension, having regard to the extent of his contributions.

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, where the person was in insurable employment in that year, to the end of the last complete contribution year before reaching pension age.

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

55.

asked the Minister for Social Welfare if he will allow widows under 66 years who are in receipt of a contributory or non-contributory pension, the same free travel, free electricity, free telephone rental benefits as those over 66 years; the cost of such a decision; on what basis the original decision was made; and if the personal circumstances of a person (details supplied) in County Wexford merits such a policy change.

There are no plans at present to extend the free travel, free electricity and free telephone rental allowance schemes to widow pensioners under 66 years of age. The estimated cost of such an extension is £6.5 million in a full year.

The schemes were intended for the benefit of elderly and disabled pensioners and proposals for their extension would have to be considered in the context of available resources.

56.

asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Louth in relation to an invalidity pension application will be heard.

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

The person concerned was examined on 14 November 1986 by a medical referee who did not consider her to be permanently incapable of work and asked to have her referred for a further examination in nine months. A deciding officer decided that she was not therefore entitled to invalidity pension.

The person concerned appealed this decision and arrangements are being made to have her examined by a different medical referee on 7 April 1987. Her entitlement to invalidity pension will be reviewed in the light of the report of that examination.

57.

asked the Minister for Social Welfare the reason a person (details supplied) in County Louth is not in receipt of £20 temporary payment as he was on invalidity pension prior to 17 November 1986.

The person concerned was awarded invalidity pension from 3 October 1985. Up to 19 November 1986, he was paid invalidity pension at the rate of £77.70, that is £47.10 personal rate and an increase of £30.60 in respect of his wife as adult dependant. His wife is herself claiming disability benefit which is being paid to her at the full personal rate of £41.10.

Since the introduction of the equality provisions on 20 November 1986 the person concerned is being paid at the rate of £67.10, that is, £47.10 personal rate and an increase of £20, which is the temporary payment for men whose adult dependants are receiving a payment from the Department.

58.

asked the Minister for Social Welfare the reason for the delay in the payment of an invalidity pension to a person (details supplied) in County Louth; and when payment will be paid.

Invalidity pension was awarded to the person concerned from 3 October 1985. A condition for the continued entitlement to this pension is that the pensioner remains incapable of work. The person concerned was examined on 27 November 1986 by a medical referee who expressed the opinion that he was capable of work. The deciding officer accordingly decided that the conditions for the continued receipt of the pension were no longer satisfied and the pension was disallowed from 18 December 1986.

The person concerned appealed against this decision and arrangements are being made to have him examined by a different medical referee on 6 April 1987. His continued entitlement to invalidity pension will be reviewed following the report of this examination.

59.

asked the Minister for Social Welfare if there is any proposal to allow transferrable travel passes between spouses (details supplied) in County Wexford; and if he will make a statement on the matter.

The free travel scheme applies to all residents of the State aged 66 years or over and to certain categories of disabled persons under 66 years. The scheme also applies to spouses under age 66 for journeys on which they accompany the qualified person. There are no proposals to enable spouses under 66 who are not qualified in their own right to avail themselves of the scheme.

60.

asked the Minister for Social Welfare the reason for the delay in the payment of unemployment benefit to a person (details supplied) in County Louth; and when payment will be made.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned had been in continuous receipt of disability benefit from September 1971 to 3 January 1987. Her claim was disallowed from that date after she was found capable of work by a medical referee.

She claimed unemployment benefit from 6 January 1987 and inquiries had to be made to ascertain whether she fulfilled the condition of being available for and genuinely seeking work. These inquiries have now been completed and her claim was disallowed by a deciding officer on the grounds that she is not genuinely seeking work. She is being notified accordingly.

Apart from the delay arising from the protracted inquiries which had to be made in this case the recent postal dispute in the Drogheda area also added to the delay as papers relevant to the claim were delayed in postal transit between Dublin and Drogheda.

61.

asked the Minister for Social Welfare the reason disability benefit was discontinued in the case of a person (details supplied) in County Louth; and in view of the severe hardship involved when benefit will be restored.

Payment of disability benefit to the person concerned was disallowed from 18 February 1987, as he was not observing Rule 3 of the Rules of Behaviour as contained in SI No. 7 of 1953 (as amended) which states:—

He shall not be absent from his place of residence without leaving word where he may be found.

He appealed against the disallowance and his appeal was allowed. Accordingly payment of benefit was restored from 18 February 1987, and all benefit payable, less the amount of supplementary welfare allowance advanced by the North Eastern Health Board, has been issued to him.

62.

asked the Minister for Social Welfare the reason for the delay in the payment of the full amount of invalidity pension to a person (details supplied) in County Louth who is presently only in receipt of £47.10, and if he will make a statement on the matter.

The person concerned is in receipt of invalidity pension at the weekly rate of £87.60 per week, that is £47.10 personal rate, a special temporary payment of £20 per week and an increase of £20.50 per week in respect of four children.

The wife of the person concerned is also in receipt of benefit in her own right and therefore he is not entitled to an increase in respect of her and may only be paid half the children's rate. Two pension order books at the rate of £20 and £20.50 payable from 5 February 1987 have been issued to the designated post office of payment.

The delay in issuing correct rate pension books was due to the fact that the person concerned did not return the pension order book for £30.60 when requested to do so. Arrears of pension due in respect of the period 14 August 1986 to 4 February 1987 will be issued by payable order on 27 March 1987.

63.

asked the Minister for Social Welfare the reason for delay in payment of an unemployment benefit claim to a person (details supplied) in County Laois.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit from 8 December 1986 and her claim was disallowed by a deciding officer on the grounds that she was not genuinely seeking employment. She was notified accordingly on 26 February 1987.

She appealed against the disallowance of her claim on 11 March 1987 and arrangements are being made to have her case submitted to an appeals officer for determination at the earliest available opportunity. Her entitlement to unemployment benefit will be reviewed in the light of the outcome of the appeal.

64.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry has to give a subscription of £5 to his doctor every fortnight in order to secure his disability benefit.

The person concerned is in receipt of disability benefit since 12 July 1985. He is submitting medical certificates of incapacity each week from an approved medical certifier and is paid benefit to the date of the last certificate received.

One of the conditions of appointment of a medical certifier requires the certifier to complete and issue medical certificates of incapacity to claimants free-of-charge. The certifier is reimbursed separately from the Department in respect of medical certificates issued by him. The conditions preclude the medical certifier from demanding or receiving a fee from the claimant for issuing a certificate but this does not preclude him from furnishing medical advice or treatment to the insured person at his request which may involve a fee.

The allegation that the claimant is being charged in respect of medical certificates issued is being investigated.

65.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is not in receipt of sick benefit.

The person concerned claimed disability benefit from 26 June 1985 to 18 March 1986 and from 2 July 1986 to date.

He is not qualified for benefit as regulations provide that where a claimant has no contributions paid or credited for any two consecutive contribution years preceding his claim, he cannot qualify for payment of disability benefit, or the award of credited contributions in respect of periods of incapacity for work, until he has a further 26 weeks of insurable employment for which the appropriate contributions have been paid.

According to the records of the Department, the person concerned has no contributions either paid or credited in the years from 1978-79 to date, and is not, therefore, entitled to payment of disability benefit, or the award of credited contributions.

If his means are insufficient to meet his needs he may be entitled to supplementary welfare allowance and in this regard he should contact his local community welfare officer.

66.

asked the Minister for Social Welfare if a living alone allowance will be paid to a person (details supplied) in Dublin 12 who is elderly but not in receipt of a pension.

A living alone allowance is an increase in the weekly rate of pension payable to a pension claimant over 66 who lives alone. It can only be paid to the pension claimant. It is not payable to the claimant's spouse.

The person concerned is at present included as an adult dependant in her husband's retirement pension claim. Depending on the couple's means, she could possibly qualify for a non-contributory old age pension in her own right at a rate which is higher than the increase for an adult dependant which is included in her husband's retirement pension. If she is qualified for the non-contributory pension in her own right, a living alone allowance would be payable to her while she is living alone.

A claim form for non-contributory old age pension can be obtained at any post office.

67.

asked the Minister for Social Welfare the reason for the delay in dealing with an application for transfer from disability benefit to invalidity pension for a person (details supplied) in County Kildare.

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

The person concerned applied for invalididty pension in November 1986. Arrangements are being made to have him examined by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination and if his application is successful the pension will be awarded from the date of his application.

68.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford is in receipt of the maximum rate of disability benefit by way of compensatory payments in view of his mortgage payments.

The person concerned claimed and is in receipt of disability benefit since 22 December 1986. Payment is currently issuing at the weekly rate of £45.80, the maximum rate payable to a married man with a dependent child, whose wife is working, earning more than £50 per week. This rate consists of a personal rate of £41.10 plus half the increase in respect of a dependent child. Pay-related benefit is also being issued at the weekly rate of £14.60

The person concerned also made a claim for unemployment benefit which began on 20 November 1986. However, as his claim began after 17 November 1986, he is not entitled to the special temporary payment in respect of his wife (either on that claim or the subsequent one for disability benefit). This special payment was given as an alleviation measure to those who suffered a reduction in benefit under the implementation of equality legislation, i.e. a claimant who was in receipt of an adult dependant allowance prior to 17 November 1986. Therefore as the person concerned was not receiving benefit before the introduction of equality he is not entitled to the temporary alleviation payment or to the special treatment payment.

Payment is being issued at regular weekly intervals on receipt of medical evidence and all benefit payable has been issued to 9 March 1987.

69.

asked the Minister for Social Welfare if all disability benefit cheques have been issued to date to a person (details supplied) in County Wexford, and if he accepts that one particular cheque was not cashed by the intended recipient.

The person concerned claimed disability benefit from 5 November 1986. Benefit issued from that date, and all payment due has been issued to 10 March 1987, the date of the latest medical certificate received.

The person concerned notified the Department that he did not receive the cheque which issued in payment for the period from 31 December 1986 to 6 January 1987. A replacement cheque for this period was issued on 20 January 1987.

However, both the original and replacement cheques have now been returned cashed to the Department. The signature on both cheques appears to be that of the claimant. Accordingly, it was decided to recover the overpayment which had occurred, by weekly deductions of £5.77, from the claimant's disability benefit.

The person concerned has stated that he did not cash both cheques, and the matter has now been referred to an outdoor officer of the Department for investigation. The matter will be reviewed on receipt of the officer's report.

70.

asked the Minister for Social Welfare whether a person (details supplied) in County Wexford will be awarded retirement pension; and if so, when and at what rate.

The person concerned has been awarded retirement pension with effect from 25 December 1986 at the rate appropriate to his yearly average of 28 contributions, based on his total of 941 Irish contributions from 5 January 1953 to 5 April 1986.

A pension book containing orders payable from 26 March 1987 has been issued to the designated post office for collection by him and he has been notified accordingly. Arrears of retirement pension from 25 December 1986 to 25 March 1987, less the amount of unemployment benefit paid to him during this period, will be issued by payable order as soon as possible.

Details of his Irish insurance record have been sent to the British Department of Health and Social Security. That Department will advise him if he has an entitlement to a British retirement pension.

71.

asked the Minister for Social Welfare when a person (details supplied) in County Wexford will be paid disability benefit.

The person concerned claimed disability benefit from 29 August 1986. She is not qualified for benefit as regulations provide that where a claimant has no contributions paid or credited for any two consecutive contribution years preceeding her claim, she cannot qualify for payment of disability benefit, or the award of credited contributions in respect of periods of incapacity for work, until she has a further 26 weeks of insurable employment for which the appropriate contributions have been paid.

The person concerned had no contributions either paid or credited in the contribution years 1971-72, 1972-73 and 1973-74 and had only 15 contributions paid by 1977 and accordingly was not entitled to payment or the award of credits on unemployment and disability benefit claims from 1977 to 1986.

According to the records of the Department, the claimant had no contributions paid or credited in the years 1983-84 to 1985-86 and has not had 26 weeks of insurable employment since that time. She is, therefore, not entitled to payment of disability benefit or the award of credited contributions in respect of her claim from 29 August 1986.

However, arrangements are now being made to have an inspector from the Department visit the claimant and establish the periods she was employed and if contributions were paid.

72.

asked the Minister for Social Welfare whether a person (details supplied) in County Wexford will be awarded an invalidity pension, if so, when and at what rate.

The person concerned has been awarded an invalidity pension with effect from 29 January 1987 at the rate of £47.10 per week.

While on disability benefit the person concerned was overpaid an increase in respect of his wife for the period 13 June 1986 to 1 November 1986, amount £425.60. Of this amount £39.88 has been recovered from his disability benefit claim. A further £3 per week will be deducted from his invalidity pension.

A pension order book at the rate of £44.10 per week payable from 2 April 1987 will be issued to the designated post office of payment. Arrears of pension due in respect of the period 29 January 1987 to 1 April 1987 will also be withheld and offset against the overpayment.

73.

asked the Minister for Social Welfare when arrears of occupational injury benefit will be paid to a person (details supplied) in County Louth; when payment of disability benefit will commence; the rate at which this will be paid; and if the temporary subsidy payment will apply in this case.

The person concerned claimed injury benefit from 20 August 1986 in respect of an incapacity from an accident at work on that date.

Pending investigations, he was awarded disability benefit at the rate appropriate to a married man with one dependent child from the date of the accident. Injury benefit over and above the amount of disability benefit already paid was issued on 1 October 1986 and injury benefit continued in payment to 17 February 1987, the end of the injury benefit period.

He has also claimed disablement benefit under the occupational injuries scheme. At present arrangements are being made to have him examined by a medical referee of the Department on 2 April 1987. As soon as the medical referee's report is available a decision will be made on his claim and any arrears of benefit due to him will issue without delay.

A claim for disability benefit was opened with effect from 18 February 1987. Payment at the weekly rate of £41.10 has been issued to 21 March 1987, the date of the latest medical certificate received. Arrears due in respect of the special temporary payment of £20 per week will be issued shortly. Disability benefit will continue to issue, on receipt of medical evidence of incapacity, at the weekly rate of £61.10, the maximum rate appropriate to a married man whose wife is in receipt of a social welfare payment.

74.

asked the Minister for Social Welfare when invalidity pension will be granted to a person (details supplied) in County Louth.

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

75.

asked the Minister for Social Welfare the reason for the delay in dealing with the unemployment assistance appeal submitted by a person (details supplied) in County Laois.

The person concerned claimed unemployment assistance from 20 October 1986. Following investigation, her claim was disallowed on the grounds that, by failing to provide details of her means, she failed to show that her means did not exceed the statutory limit.

She appealed against the disallowance on 16 January 1986 and, arising from contentions raised by her in support of her appeal, her papers were returned to the social welfare officer for further inquiries. The necessary information was recently obtained and a deciding officer on 20 March 1987 assessed her with weekly means of £10.25 from 20 October 1986, and £7.25 from 10 December 1986. The means are derived from the value of board and lodging in her parents' home.

She is, accordingly, entitled to unemployment assistance at the weekly rate of £22.75 being the maximum rate payable in her case of £33 less means of £10.25, from 20 October 1986 increased to £25.75 from 10 December 1986. Payment of arrears due will be made this week and further weekly payments of £25.75 will continue as they become due.

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