asked the Minister for Social Welfare the reason a person (details supplied) in County Kildare who is separated does not receive the difference between maintenance she receives from her husband and deserted wife's payment which she would also receive, if her husband was not paying maintenance to her; and if he will make a statement on the matter.
Written Answers. - Social Welfare Benefit.
79.
One of the conditions for entitlement to a deserted wife's payment is that the claimant's husband has wilfully refused or neglected to contribute to the support and maintenance of her and her children. This condition is prescribed in regulations under section 100 of the Social Welfare (Consolidation) Act. It is also provided by regulation that in determining whether or not a husband contributes to the support and maintenance of his wife, monetary payments and other contributions which are inconsiderable may be disregarded.
The person concerned is in receipt of £80 a week maintenance from her husband. It has been held by a deciding officer and again by an appeals officer, on appeal, that the level of maintenance payments in this case is such that the claimant is not a deserted wife within the meaning of the relevant legislation and they have accordingly disallowed the claim on that basis. An appeals officer's decision is final in the absence of fresh facts or new evidence. There is no provision in the legislation governing deserted wife's benefit for topping-up payments as suggested in the question. Under the terms of the schemes, a person is qualified for benefit as a deserted wife or not. If qualified, the benefit is paid irrespective of other income. In determining whether or not the husband contributes to the support and maintenance of his wife, monetary payments which are inconsiderable in extent may be disregarded. However, once they are considerable in extent, as in the present circumstances, the wife is not regarded as being a deserted wife under the terms of the legislation and she cannot qualify under the terms of the scheme.
It is noted that the level of maintenance by the husband in this case was established by a court order made over three years ago. It is open to the claimant to apply to the court to have the amount increased. If she is in need, it is also open to her to apply to her local health board for help under the supplementary welfare allowance scheme.
80.
asked the Minister for Social Welfare when invalidity pension will be awarded 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 24 November 1987. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.
81.
asked the Minister for Social Welfare if, in view of the facts of a case, the social welfare payments of a person (details supplied) in Dublin 15 is entitled to; and if he is entitled to any arrears.
For disability benefit claims commencing prior to 6 April 1987, where a claimant has 26 but less than 156 contributions paid at the appropriate rate since entry into insurable employment, payment of disability benefit is limited to 52 weeks.
The person concerned has a total of 122 paid contributions since entry into insurable employment and exhausted his entitlement to disability benefit on 13 February 1979.
However, the claimant has continued to submit medical evidence to the Department and credited contributions have been awarded to 10 November 1987, the date of the latest medical certificate received. These credited contributions while not entitling the person concerned to payment, will preserve the continuity of his insurance record for the duration of his illness. In order to requealify for a further 52 weeks benefit he must obtain a further 13 weeks of insurable employment for which contributions at the appropriate rate have been paid.
The claimant had been in receipt of disabled persons maintenance allowance which is paid by the Eastern Health Board and is subject to a means test.