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Dáil Éireann debate -
Tuesday, 8 Mar 1988

Vol. 378 No. 9

Written Answers. - Social Welfare Benefits.

79.

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

It is a basic condition for the receipt of unemployment benefit that the claimant must be unemployed. In general, a person is not regarded as unemployed on any day on which he is employed.

Regulations made under social welfare legislation allow a claimant, who is engaged in subsidiary employment, to be treated as unemployed where the income from such employment does not exceed £4 a day. If the income from such employment does exceed £4 a day then the claimant is required to have 78 paid and reckonable contributions in the three years preceding the claim for unemployment benefit in order to be treated as unemployed.

The person concerned is a selfemployed fishermen with income exceeding £4 a day. He does not have the necessary 78 contributions in the three years preceding his claim for unemployment benefit and so his claim was disallowed with effect from 29 October 1987.

It is open to him to appeal against this decision, and a form for this purpose may be obtained from his local employment office. He was advised to apply for unemployment assistance but declined to do so.

80.

asked the Minister for Social Welfare if persons when appealing disallowance of disability benefit are informed that they can qualify for unemployment benefit although not available for work while awaiting the outcome of the appeal; where this information is available, the reason it is not in the Department's guide to the social welfare services; and if he will make a statement on the matter.

Persons who are disallowed disability benefit following examination by a medical referee are notified in writing of their right of appeal against the disallowance. They are informed in the same notification that if they are not resuming or taking up employment, they may claim unemployment benefit or assistance at their local employment exchange even though they may wish to pursue an appeal. They are also advised that if their needs exceed their means they may apply for supplementary welfare allowance.

The Department's Guide to Social Welfare Services gives general information on the services provided by the Social Welfare Services office. Its purpose is to set out the main features of these services. It would be impracticable to include all details regarding each individual scheme in what is primarily intended to be a summary booklet.

81.

asked the Minister for Social Welfare the reason £5 per week is being deducted from the social welfare benefit of a person (details supplied) in Dublin 5 when he has already satisfied an official from his Department beyond all doubt following several interviews that he was entitled to claim social welfare benefit during the years 1973 to 1987; and if he will make a statement on the matter.

The person concerned was in receipt of unemployment assistance from 4 March 1975 to 13 July 1976 on the basis of a nil means assessment.

Following re-investigation, a deciding officer determined that his means, arising from self employment as a taxi driver, exceeded the statutory limits and he was not, accordingly, entitled to unemployment assistance for the period concerned.

The revised decision resulted in an overpayment of £836.92 being assessed against the person concerned. He was informed of the decision and details of the overpayment on 22 October 1976 and of his right to appeal but failed to do so.

He again claimed unemployment assistance on 5 March 1986 and following investigation was awarded a qualification certificate with nil means, from that date. The overpayment assessed on the previous claim had not been refunded and deductions from his current entitlements commenced in September 1987, at the weekly rate of £5.00.

82.

asked the Minister for Social Welfare when a person (details supplied) in County Clare will receive unemployment sick benefit.

To qualify for payment of benefit a claimant must have 39 contributions either paid or credited in the contribution year which governs her claim.

The person claimed disability benefit from 1 February 1988. She is not entitled to payment of benefit as according to the records of the Department she has less than the minimum of 39 contributions paid or credited in 1986-87, the contribution year governing her claim. She has only 22 contributions paid and three credited in the period 6 April 1986 to 5 April 1987. She has been asked to furnish details of all her insurable employment in that year and her position will be reviewed when the information requested is received.

In the meantime, credited contributions are being awarded on foot of weekly medical certificates.

83.

asked the Minister for Social Welfare the number of persons, given as male and female, aged under 25 who are signing for credits but not in receipt of unemployment assistance.

The numbers of persons on the live register under 25 years of age who are signing for credits but are not in receipt of payment are as follows:

Date

Males

Females

Total

26 February 1988

232

868

1,100

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