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Dáil Éireann debate -
Wednesday, 2 Nov 1988

Vol. 383 No. 6

Written Answers. - Social Welfare Benefits.

126.

asked the Minister for Social Welfare if a person (details supplied) in County Kildare is eligible for sick-disability benefit.

The person concerned is not entitled to disability benefit from my Department. He had been in receipt of sickness benefit from the United Kingdom while resident in this country.

At the request of UK social security authorities the person concerned was referred for examination by a medical referee of my Department who expressed the opinion that he was capable of work. He was then referred to a second medical referee who also expressed the opinion that he was capable of work. The UK authorities were informed accordingly. These arrangements are made under the EC Social Security Regulations for Migrant Workers which provide for cooperation between social security authorities in the medical supervision of claims.

It is understood that the UK authorities disallowed the person's claim for benefit and that he has lodged an appeal.

127.

asked the Minister for Social Welfare the outcome of an appeal by a person (details supplied) in County Kilkenny against the decision of his Department to discontinue payment of disability benefit.

The person concerned has claimed disability benefit from 25 March 1988. He was not eligible for payment as he had less than the required 39 contributions in the 1986-87 contribution year which governed his claim. However, credited contributions were awarded from 29 March 1988, the fourth day of incapacity.

The person concerned was examined by a medical referee of my Department on 1 September 1988 who expressed the opinion that he was capable of work and was not entitled to the award of credited contributions from 2 September 1988. He appealed against this decision and on 20 October 1988 he was examined by a different medical referee. The person concerned was found incapable of work from 1 September 1988 and credited contributions have been awarded from that date.

The Department are investigating his insurance record for the period from 6 April 1987 to 5 April 1988 so that a decision can be made as to whether he will qualify for payment from 2 January 1989 when a new benefit year commences.

128.

asked the Minister for Social Welfare the reason for the delay in a decision of the appeals board on a claim for disability benefit to a person (details supplied) in Cork city; when a decision will be made; and when payment will issue.

The person concerned was paid disability benefit to 16 July 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 23 August 1988 by a different medical referee who also expressed the opinion that she was capable of work.

The person concerned was notified of the results of these examinations and asked if she wished to pursue her appeal. She only recently returned formal notice to this effect to the Department. Her case is now with an appeals officer who may decide her case summarily. If, however, the appeals officer decides to hold an oral hearing she will be informed of the time and place of the hearing when the final arrangements are completed.

129.

asked the Minister for Social Welfare the reason for the delay in payment of disability benefit to a person (details supplied) in County Louth.

The person concerned was in receipt of disability benefit from 28 October 1987 and payment was issued to 22 January 1988.

Payment was disallowed from 23 January 1988 following examination by a medical referee who expressed the opinion that she was capable of work. She appealed against the disallowance and was examined by a different medical referee who also expressed the opinion that she was capable of work. The appeal was subsequently withdrawn when the person concerned failed to complete and return a form requesting that the case be referred to an appeals officer for determination.

The person concerned again claimed disability benefit from 29 August 1988. As her incapacity was the same as when she claimed previously, payment has been suspended on her claim pending examination by a medical referee of the Department. She has been advised to attend for examination on 10 November and her entitlement to disability benefit will be reviewed in the light of the medical referee's report.

130.

asked the Minister for Social Welfare when persons (details supplied) in County Kerry will receive an increase in their old age pensions following the transfer of their farm to their son.

The husband in this case is at present in receipt of a non-contributory old age pension at the weekly rate of £69.90. This includes an increase of £23.40 in respect of his wife who has not yet reached pension age.

The Deputy's recent letter has been accepted as an application for a review of the claim. The case is accordingly being forwarded to a social welfare officer for re-investigation of means. On completion of the investigation, the case will be referred to a deciding officer for decision and the pensioner will be notified of the outcome without delay.

131.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry was refused an increase in his old age pension on the grounds that £10,399 is to be paid to him under the terms of a deed of transfer to his son when this is not the case.

The person concerned is at present in receipt of an old age pension at the weekly rate of £69.30. This is the rate of pension payable to a married person whose weekly means are over £10.00 and up to £12.00. In this case the means, derived from free board and lodgings, under the terms of a deed, and income from a plot of land and capital, were assessed at £11.65 a week.

Capital of £10,800.00 has been assessed in the case. This is made up at £500.00 in the bank and £10,300.00 still outstanding under the terms of the deed of transfer. In assessing means, account must be taken of all income which a person may be reasonably expected to receive in the year succeeding the date of calculation. Money due under a legal agreement must therefore be taken into account.

In view of the Deputy's question, the case is being referred to a social welfare officer for re-investigation.

132.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 24 who is in receipt of invalidity benefit is not receiving an allowance in respect of his son who is residing with him.

The person concerned has been in receipt of invalidity pension at the single personal rate since 13 March 1986. According to the Department's records, he does not appear to have claimed a child dependent allowance in respect of his son. A form on which to claim this increase has now been issued to him.

133.

asked the Minister for Social Welfare when an appeal for disability benefit will be carried out for a person (details supplied) in County Mayo.

The person concerned was paid disability benefit to 22 June 1988 after which date payment was disallowed following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance of benefit and was examined on 9 August 1988 by a different medical referee who also expressed the opinion that he was capable of work.

His case has been referred to an appeals officer who may decide his case summarily. If, however, the appeals officer decides to hold an oral hearing he will be informed of the time and place of the hearing when the final arrangements are completed.

asked the Minister for Social Welfare if he will make available in the Oireachtas Library the basic regulation circular or guideline on which the revised national fuel scheme is being operated by his Department and the health board.

A number of leaflets have been produced by the Department outlining the eligibility conditions of the unified national fuel scheme. These are available from the information offices of the Department in Dublin and around the country and from the health boards and post offices. Copies have also been sent to the Oireachtas Library.

The standardisation of the fuel schemes which I initiated last year is now being completed. As a result, uniform criteria as to eligibility will apply throughout the country for the first time, subject to the proviso that existing entitlements will be preserved, and all beneficiaries will from now on have their entitlement to fuel allowances determined and paid in the same way as their qualifying payments. Thus, the Department will cater for the entitlement of pensioners, the Department's local offices will deal with the long-term unemployed and the health boards will look after the need of beneficiaries under schemes they administer, namely, supplementary welfare allowance, disabled person's maintenance allowance and infectious diseases maintenance allowance.

The unified national fuel scheme is a non-statutory one. Its operation requires the issue of guidelines and instructions tailored to suit the specified needs or responsibilities of the various personnel concerned. The health boards and the Department's staff in headquarters, their investigative staff around the country and their staff in the local offices were all circularised in this way. These communications are for the internal use of staff in the Department and of the health boards.

135.

asked the Minister for Social Welfare if he will increase the deduction of £312 allowable against the means of a blind person for means test purposes to £600 which is the sum allowed by way of deduction under the income tax code to a blind person; and if he will make a statement on the matter giving the estimated cost of making such adjustment.

Under the means test for blind pensions, a single person may have earnings of up to £624 a year, a married person can have up to £823 a year while a married person with two children can have up to £1,040 a year and still retain entitlement to the maximum rate of pension. In assessing means, earnings of up to £312 for a single person increased by £208 for a married person and by £104 in respect of each dependent child are not taken into account. This is in addition to the standard £6 means disregard for receipt of a maximum pension.

It is estimated that there are about 1,700 blind pensioners under age 66. Details of the numbers of blind pensioners who are working are not available and it is not therefore possible to determine how much of their means relates to earnings and how much comes from other sources. It is not possible, therefore, to estimate the cost of increasing the allowances in respect of earnings.

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