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Dáil Éireann debate -
Tuesday, 19 May 1987

Vol. 372 No. 10

Written Answers. - Social Welfare Benefits.

73.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 5 has had disability benefit discontinued as he is still certified unfit for work by his medical doctor and will not be allowed to return to employment at present; and if he will make a statement on the matter.

The person concerned was paid disability benefit to 21 April 1987 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.

74.

asked the Minister for Social Welfare when disability benefit payment due to a person (details supplied) in County Offaly for the week including 14 March 1987 will be paid; and if he will make a statement on the matter.

The person concerned claimed disability benefit from 14 March 1987. Payment of benefit was authorised from 18 March 1987 the fourth day of incapacity at £41.10 per week.

In support of his claim, however, the claimant has only submitted a first medical certificate. In order that payment can be made it is necessary that a further medical certificate stating the date to which the claimant has been incapacitated should be submitted. The Department has requested this further medical evidence. On receipt of this evidence all benefit payable will be issued. Generally, medical evidence on a continuing weekly basis is required in claims of this nature.

75.

asked the Minister for Social Welfare when a blind pension will be restored to a person (details supplied) in County Kerry; and if he will indicate the circumstances under which the blind pension book was withdrawn in view of the fact that this man has been in hospital for 24 periods over the past few years in connection with his sight problem which has rendered him blind.

In the course of a re-investigation of the means of the person concerned it was discovered that his means had increased since the previous assessment. His means consist of the weekly value of earnings from seasonal work. The person concerned has been asked to return his blind pension book. On its return a deciding officer will decide the appropriate rate of pension payable and a new book at that rate will then be issued without delay.

76.

asked the Minister for Social Welfare if he will eliminate any abuse of the social welfare system by contractors or employees of firms outside the state who are engaged in work on contracts within the jurisdiction with particular reference to the possibility that some employees in these circumstances draw social welfare payments while working on State contracts within the State; and if he will make a statement on the matter.

Contractors or employees of firms outside the State who are engaged in work on contracts within the jurisdiction are, with some exceptions, subject to the provisions of the Social Welfare Acts in the same manner as employers and employees from within the State. The exceptions relate to employees sent to work in this State from other member states of the EC for a period of not more than 12 months. Under EC Regulations these employees may remain subject to the social security legislation of the member state from which they came.

Every effort is made through the medium of the controls and inspections carried out within the Department to detect and eliminate abuses of the system by any employers or employees. EC Regulations provide for co-operation between member states in enforcing compliance with the provisions of the social security legislation of individual member states by persons subject to that legislation but resident in another member state.

If the Deputy is aware of instances where an employer or his employees are abusing the social welfare system, the matter will be fully investigated on receipt from him of the relevant particulars.

77.

asked the Minister for Social Welfare when a decision will be made on the unemployment assistance appeal of a person (details supplied) in County Wexford.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with weekly means of £25.85, derived from the value of capital. He is, accordingly, in receipt of unemployment assistance of £7.15 a week, being the appropriate maximum rate payable in his case of £33.00 less means of £25.85.

On 20 February 1987 he appealed against the amount of means assessed against him and, arising from contentions raised by him in support of his appeal, his papers were referred to the social welfare officer for further inquiries. These inquiries, which have proven to be protracted, will be completed as soon as possible and his case will then be submitted 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.

78.

asked the Minister for Social Welfare when an invalidity pension will be granted to a person (details supplied) in Dublin 22.

The person concerned has been awarded an invalidity pension from 19 March 1987. A pension book payable from 4 June 1987 has been issued to the designated post office of payment. Arrears in respect of the period from 19 March 1987 to 3 June 1987, less the amount of disability benefit paid during that period, will be paid by payable order.

79.

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

The person concerned appears to satisfy the medical and contribution conditions for invalidity pension. It will be necessary for him to formally apply for pension and a claim form has now been forwarded to him.

80.

asked the Minister for Social Welfare when payment of a disability benefit will be made to a person (details supplied) in County Louth who was transferred from the Department of Health and Social Security in the United Kingdom on 24 April 1987; the amount of benefit due; and if he will make a statement on the matter.

The person concerned was last insurably employed in the United Kingdom. Under the EEC regulations on social security responsibility for a claim to benefit rests with the member state under whose legislation the claimant was last insurably employed.

His claim therefore, is proper to the Department of Health and Social Security, Newcastle-upon-Tyne. Accordingly, the claim together with the medical evidence was transferred to the British authorities on 23 April and is still with them. The person concerned should contact the Department of Health and Social Security with any further enquiries relating to his claim. In the meantime if the means of the person concerned are insufficient to meet his needs he should contact his local community welfare officer with a view to claiming supplementary welfare allowance.

81.

asked the Minister for Social Welfare the reason for the long delay in payment of unemployment benefit to a person (details supplied) in County Kerry; and if he will make a statement on the matter.

Entitlement to unemployment benefit is subject to the condition that a person must be available for, capable of and genuinely seeking work. The person concerned claimed unemployment benefit on 12 January 1987. However, he furnished medical evidence to his local office indicating that he was not available for employment due to incapacity and his claim was, accordingly, disallowed from 12 January 1987. He was advised of his right to appeal the decision but failed to do so. He has continued to sign the unemployed register to date.

If the circumstances of the person concerned have changed and he is now capable of work, he should notify his local office immediately and his entitlement to unemployment benefit will be reviewed. However, if he continues to be incapable of work he should lodge a claim for disability benefit for the period of his incapacity.

82.

asked the Minister for Social Welfare if he will ensure that unemployment benefit is paid to a person (details supplied) in Dublin 10, who has had nearly three years unbroken contributions except for one year during which he had to participate in an engineering course for which he has supplied relevant documents from the college and also a P60 for the relevant year; and if he will make a statement on the matter.

Entitlement to unemployment benefit is subject to the condition that a person must have at least 39 contributions paid or credited at the appropriate rate in the governing contribution year. The person concerned is not entitled to unemployment benefit as, according to the Department's records, he had only 26 contributions during the contribution year 6 April 1985 to 5 April 1986 which governed his claim made on 27 April 1987. These contributions represent the period April 1985 to September 1985 when he was working. He was attending college for the remainder of the contribution year.

He also applied for unemployment assistance on 27 April 1987 and his claim has been referred to a social welfare officer for investigation of means. His entitlement to unemployment assistance will be determined in the light of the amount of means assessed against him.

83.

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

The person concerned has been in receipt of invalidity pension since 24 January 1985 and is at present in receipt of the maximum single rate of £47.10 per week.

84.

asked the Minister for Social Welfare if his Department now refers second houses alleged to be owned by recipients of unemployment assistance or applicants for unemployment assistance to the Valuation Office for value purposes; and if he will make a statement on the matter.

Under the provisions of the Social Welfare Acts the yearly value of all property owned by an applicant for unemployment assistance or by his spouse, other than property personally used such as the family home, is assessed as means on the basis of the capital value of the property. The capital value of property to be assessed in any such case is ascertained by reference to the Valuation Office and this has always been the practice.

The yearly value of property for unemployment assistance purposes is taken to be 5 per cent of the first £400 of the capital value and 10 per cent of the excess over £400. A second dwelling house owned, but not occupied, by an unemployment assistance applicant is assessable as means in this way.

85.

asked the Minister for Social Welfare the funding available for the Combat Poverty Agency this year; and the project on which the funding will be spent.

A sum of £1.3 million has been provided for the Combat Poverty Agency in this year's Estimates to cover expenditure under all headings of the agency's operations this year. The criteria under which funding will be provided for projects by the agency are under discussion at present and it is not possible to say at this stage what projects will be funded by the agency.

86.

asked the Minister for Social Welfare the total number of claimants of disability benefit in 1987 to date; the number referred to a medical referee; the numbers disallowed by the medical referees; and if he will make a statement on the matter.

The total number of disability benefit claims put into payment in the period from 1 January 1987 to 9 May the latest date for which statistics are available, is 83,613. There were 79,746 disability benefit claims in payment on the latter date. 29,490 beneficiaries were requested to attend for examination by a medical referee in the period to 1 May. Of those 20,238 attended for examination and 5,405 were found capable of work. This represents 18.3 per cent of the total summoned for examination.

Of those summoned, 9,252 persons did not attend for examination. Of these, 767 were certified by their own doctors as unfit to attend for examination and 1,194 submitted final certificates. The balance of those who did not attend represents a mixture of cases such as persons who returned to work without sending in final certificates and persons who submitted explanations for failure to attend etc. Those who failed to attend without good cause are subject to a disallowance of benefit for up to nine weeks and are again listed for referral to a medical referee.

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