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Dáil Éireann debate -
Tuesday, 31 Mar 1987

Vol. 371 No. 5

Written Answers. - Social Welfare Benefits.

58.

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

Invalidity pension is payable to insured persons who satisfy the contribution conditions and are permanently incapable of work. The person concerned was examined on 24 February 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.

59.

asked the Minister for Social Welfare when payment of unemployment assistance will be made to a person (details supplied) in County Galway.

Following investigation, 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.

The person concerned was informed of his right to appeal and an appeal form was issued to him on 12 March 1987. He has not yet returned the form to his local office. If he wishes to pursue an appeal, on receipt of the form from him his case will be submitted to an appeals officer for determination.

60.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick has not received disability benefit since October 1986.

The person concerned claimed disability benefit from 8 January 1986 and was paid to 31 July 1986. Payment was discontinued after that date following an examination by a medical referee who expressed the opinion that she was capable of work. The case was passed to an appeals officer who decided on 5 March 1987 that the person concerned was incapable of work for the period 1 August 1986 to 29 October 1986 (the date of the latest medical evidence before him at that time). Arrears of benefit payable from 1 August 1986 to 29 October 1986 were issued on 11 March 1987.

The person concerned continued to submit medical evidence of incapacity, however, payment was not issued because of an administrative error. Payment has now been issued from 30 October to 8 January 1987.

According to the records of the Department the person concerned has only 130 contributions paid on her behalf since entry into insurable employment. Based on this record she exhausted her entitlement to payment of disability benefit on 8 January 1987 having been paid for 52 weeks.

In order to requalify for disability benefit it will be necessary for her to have at least a further 13 weeks of insurable employment for which the appropriate contributions are paid.

61.

asked the Minister for Social Welfare the reason unemployment assistance for a period of three weeks was deducted from arrears paid to a person (details supplied) in County Wexford who was engaged in voluntary work at an activity centre for mentally handicapped adults during the period of her claim.

In 1983 a voluntary work scheme was introduced under which unemployed persons could participate in various forms of voluntary work without affecting their entitlement to unemployment payments.

The employment of the person concerned during the period 8 December 1986 to 19 December 1986 was not considered to be voluntary work under the provisions of the voluntary work scheme and, accordingly, her claim for unemployment assistance for this period was disallowed on the grounds that she was not unemployed.

She appealed against the disallowance and arrangements are being made to have her case determined by an appeals officer at the earliest available opportunity. Her entitlement to unemployment assistance for the period 8 December 1986 to 19 December 1986 will be reviewed in the light of the appeals officer's decision.

62.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is not in receipt of unemployment assistance even though he is signing on.

The person concerned claimed unemployment assistance on 20 January 1987 and his papers were referred to a social welfare officer for investigation.

Inquiries are proving protracted. In particular, delays are being experienced in obtaining details of the person's bank account. However, the investigations will be completed as soon as possible and the claim will then 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 that assessment.

63.

asked the Minister for Social Welfare if an invalidity pension will now be granted to a person (details supplied) in County Kilkenny who is in receipt of disability benefit for some time.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. Arrangements are being to have the person concerned examined by a medical referee on 1 April 1987. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

64.

asked the Minister for Social Welfare the reason for the delay in the issuing of an invalidity pension book to a person (details supplied) in County Kilkenny.

Invalidity pension has been awarded from 19 February 1987. A pension book payable from 23 April 1987 has been issued to the designated post office of payment. Arrears in respect of the period from 19 February 1987 to 22 April 1987, less the amount of disability benefit paid during that period, will be paid by payable order.

65.

asked the Minister for Social Welfare the reason an invalidity pension was withdrawn from a person (details supplied) in Dublin 9; and when it will be restored.

The person concerned has been in receipt of invalidity pension since 18 April 1985. Payment was temporarily suspended from 26 March 1987 when investigations by the Department's inspection branch indicated that the person concerned may have been working and thus no longer entitled to pension.

Further investigations revealed, however, that the person continued to be entitled to pension and, accordingly, payment was restored. Any inconvenience caused to the person concerned is regretted.

66.

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

The person concerned claimed disability benefit from 12 January 1987. Benefit was authorised from 15 January 1987, fourth day of incapacity at the weekly rate of £41.10. Pay-related benefit was also authorised from 2 February 1987, nineteenth day of incapacity at the weekly rate of £7.29.

The claimant has indicated that she did not receive a cheque for £27.40, issued by the Department on 22 January 1987. The cheque was incorrectly addressed. A form of indemnity is now being issued to the person concerned and when this form is returned completed, a replacement cheque will be issued. All benefit payable to her has issued on receipt of weekly medical evidence to 23 March 1987 the date of the latest medical certificate received.

67.

asked the Minister for Social Welfare if he will review the basis on which the transitional payment under the equality legislation is being given, whereby some people on short time work receive the payment while others in similar situations did not, as occurred in a case of a person (details supplied) in Dublin 9.

The decision not to award the transitional payment under the equality legislation to the person concerned is in conformity with the regulations. However, in view of the exceptional nature of this particular case which involves regular short time working, it is being reviewed and the Deputy will be informed of the outcome as soon as possible.

68.

asked the Minister for Social Welfare whether unemployment assistance at the maximum rate will be granted on appeal to a person (details supplied) in County Kerry; and if he will make a statement on the matter.

Following investigation, the unemployment assistance claim of the person concerned was disallowed by a deciding officer 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 and an appealed officer, on 28 January 1987, also disallowed his claim.

He again claimed unemployment assistance on 24 February 1987 and his papers have been referred to the social welfare officer for investigation. When these inquiries have been completed his case will be submitted to a deciding officer for assessment of means and his entitlement to unemployment assistance will be reviewed in the light of the assessment.

69.

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

The person concerned claimed disability benefit on 3 September 1986 and payment was authorised from 6 September 1986, the fourth day of incapacity. In September 1986, an overpayment of £92 occurred due to payment being issued twice for the same period. This overpayment was recovered by weekly deductions of £4 from 2 October 1986 to 11 March 1987.

Benefit is currently issuing at the weekly rate of £55.40, the maximum rate appropriate to a married man with three dependent children, whose wife is in receipt of a social welfare payment. Pay related benefit is also issuing at the weekly rate of £24.74.

All benefit payable has been issued on receipt of medical evidence of incapacity to 18 March 1987, the date of the latest medical certificate received.

70.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Carlow.

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed with weekly means of £49 from 28 January 1987 derived from self-employment. He is, accordingly, in receipt of unemployment assistance of £32.65 weekly, being the appropriate maximum rate payable in his case of £81.65 less means of £49.

He appealed against the amount of means assessed against him on 4 February 1987 and, arising from contentions raised in support of his appeal, his papers were returned to the social welfare officer for further inquiries. These inquiries were completed last week and the case has been referred to an appeals officer for determination at the earliest available opportunity. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the outcome of the appeal.

71.

asked the Minister for Social Welfare the reason pay-related benefit is not being paid to a person (details supplied) in County Carlow.

The person concerned claimed disability benefit from 10 November 1986 and all benefit payable has been issued to 24 March 1987 the date of the latest medical certificate received.

According to the records of the Department he has earnings of £2,707 in the 1984-85 year, the contribution year governing his claim. He is not entitled to payment of pay-related benefit as earnings less than £2,900 are not reckonable for the calculation of pay-related benefit.

72.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford is eligible for an invalidity pension; and if so when she will be paid same.

The person concerned is in receipt of deserted wife's benefit at the weekly rate of £48.10 in addition to disability benefit at the weekly rate of £20.55 —total £68.65.

Regulations provide that an invalidity pension cannot be paid in addition to deserted wife's benefit. If the person concerned were transferred to an invalidity pension it would be paid to her at the rate of £47.10 and both her deserted wife's benefit and disability benefit would cease to be paid to her. She would therefore have a cash reduction of £21.55 per week in her income from the Department if she were transferred to the pension. Invalidity pensioners are entitled to a free travel pass. Some such pensioners are also entitled to a free electricity allowance, free (black and white) television licence and free telephone rental allowance. The position has been explained to the person concerned and she has been requested to say whether, in the circumstances, she wishes to be transferred to invalidity pension.

73.

asked the Minister for Social Welfare if disability benefit will be issued to a person (details supplied) in County Wexford and if so when.

Payment of disability benefit to the person concerned was disallowed from 5 January 1987 following an examination by a medical referee who expressed the opinion that he was capable of work.

He made a fresh claim to disability benefit from 10 February 1987. Payment of benefit was withheld pending an investigation into his entitlement to further benefit following the result of his previous medical examination.

It has been established that the person concerned is entitled to benefit from 10 February 1987. All arrears payable have issued less the amount of supplementary welfare allowance advanced to him.

74.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford was paid disability benefit due on 27 February 1987.

The person concerned claimed disability benefit from 10 January 1987. On 4 March 1987 he notified the Department that he did not receive payment for the period 17 February 1987 to 23 February 1987. The original cheque for this period was returned to the Department, having been cashed by a person other than the claimant. A replacement cheque was issued to him on 24 March 1987.

All benefit payable has been issued to 16 March 1987. The person concerned was found capable of work by a medical referee on 10 March 1987. He has the right to appeal the decision of the medical referee.

75.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is not receiving an increased rate of unemployment benefit.

Entitlement to unemployment assistance is subject to the condition that a person must be available for and genuinely seeking employment.

The person concerned was in receipt of unemployment assistance from 2 March 1976 to 3 February 1987 when his claim was reviewed in connection with his refusal to accept an offer of work under the social employment scheme. He stated that he was unable to take the job because his father was ill and unable to run the farm on his own. Accordingly, his claim has been disallowed by a deciding officer on the grounds that he is not available for work. He is being notified of the decision and of his right to appeal against it.

76.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry is not in receipt of disability benefit for the dates 2 and 8 February and for 16 and 4 March 1987.

The person concerned claimed disability benefit from 2 February 1987 and all benefit payable has been issued to 9 February 1987 the date on which he was certified fit to resume work.

He made a further claim to disability benefit from 16 February 1987 and all benefit payable has been issued to 4 March 1987 the date on which he was certified fit to resume work. There was a delay in issuing payment as medical certification was incorrectly completed.

77.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry did not qualify for an increased rate of unemployment assistance.

Following reinvestigation of the unemployment assistance claim of the person concerned he has been assessed with weekly means of 5p effective from 8 December 1985 derived from the value of capital. His means were previously assessed at £36.10 weekly.

He is, accordingly, entitled to unemployment assistance of £87.55 weekly, being the appropriate maximum rate payable in his case of £87.60 less 5p means. Arrears amounting to £516.72 were paid to the person concerned on 26 March 1987 and weekly payments of £87.55 will continue to be made as they become due.

78.

asked the Minister for Social Welfare the reason an invalidity pension is not being restored to a person (details supplied) in County Kerry having regard to the serious nature of his illness.

The person concerned has been in receipt of disability benefit since 14 January 1987.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. In order that a person may be considered permanently incapable of work it is necessary for him to, inter alia, have been continuously incapable of work for a period of one year. Therefore, the earliest date on which the person can qualify for invalidity pension is 14 January 1988.

79.

asked the Minister for Social Welfare if he will give details of how means of £5,300 were assessed against a person (details supplied) in County Wexford when she applied for a widow's pension; and if he will give a breakdown of this figure as it is at variance with the facts.

The net yearly farm income of the person concerned was assessed in 1985 at £5,800 which represented an estimated £10,600 from sale of cattle and milk less £4,800 operating costs.

The following offsets totalling £1,624 were then allowed against this assessment; £624 in respect of her two qualified children, £900 in respect of her son's labour and £100 for insurance on the holding. This left a net figure of £4,176 a year or £80.30 a week. This exceeded the limit of £66 a week, applicable to a widow under 66 years with two qualified children, and she was not, therefore, qualified for pension.

In view of the length of time which has elapsed since the last assessment, a social welfare officer has been requested to furnish an up-to-date report on the circumstances of the claimant. When the report is received, her case will be reviewed.

80.

asked the Minister for Social Welfare the present position regarding an application for transfer from disability benefit to invalidity pension made by a person (details supplied) in County Galway.

A form on which to claim invalidity pension has been forwarded to the person concerned and on its return, duly completed, the claim will be dealt with without delay.

81.

asked the Minister for Social Welfare the reason for the delay in the payment of arrears of an invalidity pension to a person (details supplied) in County Louth.

The person concerned does not at present qualify for an invalidity pension on the basis of his insurance record in the 1985-86 contribution year which governs his claim.

However from 2 April 1987 his claim to invalidity pension will be governed by the 1986-87 contribution year for which he has maximum contributions recorded. He will, therefore, qualify for pension from that date. There are, therefore, no arrears of pension due in this case.

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