asked the Minister for Social Welfare when an appeal will be heard in relation to the disallowance of disability benefit for a person (details supplied) in County Cork.
Written Answers. - Social Welfare Benefits.
84.
The person concerned was paid disability benefit to 20 February 1988 after which date payment was disallowed following examination by a medical referee who expressed the opinion that she was capable of work. She appealed against the disallowance of benefit and was examined on 12 April 1988 by a different medical referee who also expressed the opinion that she was capable of work.
Her appeal has now been referred to an appeals officer. No date has yet been set for an oral hearing but she will be advised of the relevant arrangements in due course.
85.
asked the Minister for Social Welfare when an appeal relating to the disallowance of disability benefit will be arranged for a person (details supplied) in County Cork.
The person concerned was paid disability benefit to 11 March 1988 after which date payment was disallowed following an examination by a medical referee who expressed the opinion that she was capable of work.
She appealed against the disallowance and arrangements have been made to have her examined by a different medical referee as soon as possible. Her entitlement to benefit will then be reviewed in the light of the medical referee's report.
86.
asked the Minister for Social Welfare in relation to a disability benefit appeal of a person (details supplied) in County Kerry; the way in which the conclusions arrived at by the appeals officer differ from the report of the consultant orthopaedic surgeon dated 3 March 1988.
The person concerned was disallowed disability benefit following an examination by a medical referee who considered him to be capable of work. He appealed against this decision and his case was referred to an appeals officer for consideration.
An oral hearing of the appeal was held on 27 January 1988 at which the person concerned gave evidence. He stated at the appeal that he would submit further medical evidence in support of the appeal. However, as nothing further was heard from the appellant the appeals officers gave his decision on 10 March 1988 that the person concerned was capable of work. Subsequently the medical report referred to was received and forwarded to the appeals officer. The appeals officer duly considered the report but felt, however, there were no grounds which would warrant a revision by him of his decision.
The appeals officer's decision is final and may only be altered in the light of new facts or fresh medical evidence.
87.
asked the Minister for Social Welfare if a person (details supplied) in Dublin 7 will be paid for her children in her disability benefit, back-dated to November 1986 as this person is not willing to have the arrears due to her to be held off against her husband's overpayment of unemployment assistance; and if he will make a statement on the matter.
The person concerned has been in receipt of disability benefit since January 1984. She was paid at the personal rate only up to 23 April 1988 when she was awarded an increase in respect of her two child dependants.
Her husband has been in receipt of unemployment assistance during all of this time and had claimed an increase in respect of his wife as an adult dependant and also had been paid the full child dependant allowance for his two children.
From 17 November 1986 when equal treatment provisions were introduced this couple were only each properly entitled to be paid at the personal rate plus an increase in each case of half the child dependant allowance. In addition, her husband would have been entitled to the £20 per week special alleviation payment.
As the full circumstances of the situation only came to light this year it is only possible to regularise the position from a current date. Regulations, (S.I. No. 368 of 1986) specifically provide that in a case like this arrears otherwise due to one spouse shall be offset against an overpayment incurred by the other spouse. This has been done in this particular case and the alleviation payment which was retrospectively awarded to the husband has been included in the adjustments made.
88.
asked the Minister for Social Welfare if his attention has been drawn to the fact that the death grant is not paid to relatives of deceased persons where the deceased person was born before 1900; and if, in view of the fact that only a small number of such persons exist, he will extend the grant.
The death grant scheme was introduced in October 1970. The scheme is a social insurance scheme and one of the contribution conditions requires 26 weeks of paid contributions after 1 October 1970. The conditions may be fulfilled on the insurance of the deceased person or his or her spouse.
Persons who had left insurance prior to October 1970 had made no contribution towards the cost of the death grant and there are no plans to extend the scheme to cover such persons.
89.
asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Wexford.
The person concerned was in receipt of disability benefit from April 1986 to 2 February 1988 when payment of benefit was disallowed for the statutory period of nine weeks as he failed to attend when requested for examination by a medical referee of the Department.
The person concerned submitted a letter stating that he was unable to attend the medical examination due to illness and that a doctor's note explaining his non-attendance had been forwarded to the Department. This note, however, does not appear to have been received and the decision to disallow benefit was upheld. He continued to submit medical certificates to 26 March 1988 and he is currently in receipt of unemployment assistance.
On receipt of an explanation from his doctor regarding his non-attendance, payment for the period 3 February 1988 to 26 March 1988 will be considered. Payment of disability benefit from 27 March to date will be reviewed when the appropriate medical evidence has been furnished. In the meantime payment of unemployment assistance will continue.