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Dáil Éireann debate -
Tuesday, 6 Dec 1988

Vol. 385 No. 2

Written Answers. - Social Welfare Benefits.

129.

asked the Minister for Social Welfare when he will sanction payment of an invalidity pension for a person (details supplied) in County Kildare.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work.

Arrangements have been made to have the person concerned examined by a medical referee on 16 December 1988. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

130.

asked the Minister for Social Welfare if continued payment of disability benefit will be made to a person (details supplied) in County Kerry; and when arrears of occupational injury benefit will be paid to this person.

Payment of disability benefit was disallowed to the person concerned from 18 August 1988 following examination by a medical referee who expresed the opinion that she was capable of work. She appealed the disallowance and arrangements were made to have her examined by a different medical referee on 3 November 1988. However, she failed to attend this examination and arrangements have now been made to have her examined on 8 December. The claim will then be reviewed in the light of the result of this examination.

The person concerned also claimed disablement benefit on 14 September 1987 in respect of an occupational accident on 2 April 1984. Regulations provide that the earliest date from which disablement benefit may be paid in the case of a late claim is three months prior to the date on which the claim is made unless good cause is shown for the delay in making the claim. In such circumstances payment of benefit may be allowed in respect of an earlier period not exceeding six months prior to the date the claim was made. Following investigation the claim was allowed and disablement pension was awarded at the rate appropriate to an assessment of 30 per cent from 19 June 1987. All arrears of disablement benefit were issued on 30 August 1988.

The person concerned has been invited to explain the reason for the delay in making the claim to disablement benefit. The question of backdating her claim a further three months will then be reviewed.

131.

asked the Minister for Social Welfare the reason for the delay in having a person (details supplied) in County Waterford transferred from disability benefit to an invalidity pension; and when the application for same will be approved.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned applied for invalidity pension in July 1987. This application was refused as the person concerned was deemed not to be permanently incapable of work. He was notified of this decision and of his right to appeal. As no appeal was received in the Department, it was considered that the person concerned did not wish to pursue his claim to invalidity pension and no further action was taken on the matter.

The person concerned, on 28 November 1988, again contacted the Department with a view to claiming invalidity pension. He had been examined in connection with his claim to dissability benefit on 17 November 1988 by a medical referee who did not consider him to be permanently incapable of work and asked to have him referred for a further examination in four months. A deciding officer decided that the person concerned was not therefore entitled to invalidity pension. He has been notified of this decision and of his right to appeal.

132.

asked the Minister for Social Welfare if he will take steps to ensure an early decision is made on the unemployment assistance appeal of a person (details supplied) in County Laois.

Following investigation of the unemployment assistance claim of the person concerned, he was assessed with means of £37 per week from 25 July 1988 derived from the value of board and lodging on his parents holding. The person concerned appealed against the assessment and an appeals officer reduced the assessment to £32.40 per week with effect from 25 July 1988. This entitled him to a weekly payment of £5.40 being the maximum rate appropriate to his case — £37.80 — less the value of his means. Payment at the increased rate, including arrears was made on 29 November 1988. Further weekly payments of £5.40 will continue as they become due.

133.

asked the Minister for Social Welfare the options open to a person (details supplied) in Dublin 2 while waiting for her appeal against disallowance of disability benefit, having regard to the fact that the community welfare officer has withdrawn payment of the supplementary welfare allowance and this person cannot claim unemployment assistance as recommended by his Department because she is not unemployed and she is unable to work following an accident; and if he will make a statement on the matter.

It is understood from the health board that the person concerned applied for and was paid supplementary welfare allowance from 17 September 1988 to 22 October 1988. She has been in receipt of unemployment benefit since 27 October 1988.

An appeals officer held an oral hearing on 22 November 1988 in relation to her earlier claim for disability benefit and agreed to withhold a decision pending submission of a further medical report by the person concerned. This report is still awaited.

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