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Dáil Éireann debate -
Thursday, 15 Dec 1988

Vol. 385 No. 8

Written Answers - Social Welfare Benefits.

35.

asked the Minister for Social Welfare if any social welfare or supplementary welfare payments are available to a person (details supplied) in Dublin 15 in respect of his son who is over 18 and still in full-time education; and if he will make a statement on the matter.

The person concerned claimed unemployment assistance on 23 February 1988 and is currently in receipt of £115.60 per week in respect of himself, his wife and five dependent children. This is the maximum amount of unemployment assistance payable under the legislation to a person in his circumstances.

The upper age limit for the payment of child dependant allowances with social welfare payments is generally 18 years. As the son in question is over that age, a child dependant allowance cannot be paid in respect of him under either the unemployment assistance or supplementary welfare allowances schemes.

It is understood from the Eastern Health Board that the person concerned has received payments under the supplementary welfare allowances scheme from time to time in respect of exceptional needs. It is open to him to apply to the board for assistance under that scheme as heretofore.

36.

asked the Minister for Social Welfare if he will have a widow's pension reviewed in the case of a person (details supplied) in County Dublin as it has been reduced following a shortfall in stamps; and if he will have this person's circumstances reviewed.

One of the qualifying conditions for receipt of widow's contributory pension is that there must be, on either the late husband's or the widow's own insurance, a yearly average of not less than 39 contributions in either the last three or five contribution years prior to the husband's death, or his reaching pension age if earlier, or a yearly average of not less than 24 contributions over the period from entry into insurable employment up to the end of the contribution year prior to his death or reaching pension age.

A contributory widow's pension was not awarded in this case because the foregoing condition was not met. According to the records of the Department, the late husband had a total of 797 contributions during the period from 1954 (the year he entered insurable employment) to 1969, when contributions ceased because his earnings exceeded the insurable limit. In 1971 he entered self-employment which was also non-insurable. There were no contributions in the last three or five years before death. The 797 earlier contributions give a yearly average of only 23 contributions over the 34 years from 1954 to 1987-88, the contribution year before his death.

The widow is in receipt of a widow's non-contributory pension at the weekly rate of £17.70 in respect of herself and three qualified children. She is assessed with means of £72.61 a week derived from a business. It is open to her to apply for an increase in pension if her circumstances change.

37.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 7 who is currently disabled was refused disability benefit; the reason he is receiving less income by way of supplementary welfare allowance than he was on unemployment assistance; if he will make a statement on the matter.

The person concerned has claimed disability benefit from 21 November 1988.

He is not qualified for benefit as regulations provide that where a claimant has no contributions paid or credited for any two consecutive contribution years preceding his claim, he cannot qualify for payment of disability benefit, or the award of credited contributions in respect of periods of incapacity for work, until he has a further 26 weeks of insurable employment for which the appropriate contributions have been paid.

According to the records of my Department, the person concerned had no contributions paid or credited in the years 1983-84, 1984-85 and 1985-86 and has not had 26 weeks of insurable employment since that time.

It is understood from the Eastern Health Board, which is responsible for administering the scheme in his area, that the person concerned is receiving supplementary welfare allowance of £17.55 per week. This represents the maximum weekly rate of £37.80 appropriate to his case less weekly means of £20.25 deriving from the value of board and lodging in his parent's home. Prior to claiming supplementary welfare allowance the person concerned was in receipt of long term urban unemployment assistance, the maximum rate for which is £42. He was being paid £21.75 per week which is the rate appropriate to a person whose means are assessed at £20.25. The reduction in his weekly income is attributable to the difference in rates between the two schemes.

38.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kildare has been disallowed sick/disability benefit when he has been under constant medical care and has been deemed unfit for work by his specialist; if his case is due for a further appeal; if so, when same is likely to take place; and if he will make a statement on the matter.

The person concerned was paid disability benefit to 20 November 1987 after which date payment was disallowed following an examination by a medical referee who considered him to be capable of work.

He appealed against this decision and was examined on 23 February 1988 by another medical referee who also expressed the opinion that he was capable of work.

His appeal was referred to an appeals officer who decided following an oral hearing that he was not incapable of work in respect of the period from 21 November 1987 to 25 April 1988 and is not entitled to be paid disability benefit in respect of that period.

Payment of benefit was further disallowed by a deciding officer from 26 April 1988 and the person concerned appealed in September 1988 against the continuing disallowance.

He was examined on 11 October 1988 by another medical referee who also expressed the opinion that he was capable of work. He has submitted a number of letters from doctors he has attended and these have been considered by the medical referee in arriving at his conclusion.

The claimant was informed of the result of the medical referee examination of 11 October and was supplied with a form on which to set out the grounds for appeal if he wished to have the case referred again to an appeals officer for determination. To date, he has not returned this form.

39.

asked the Minister for Social Welfare if a person (details supplied) in County Kildare qualifies for disability/invalidity pension; and if he will make a statement on the matter having regard to the fact that he has received a long-term disability benefit for 11 years.

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

The person concerned has been in receipt of disability benefit since 28 November 1977. He was examined on 2 December 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 six months. A deciding officer decided that he was not, therefore, entitled to invalidity pension.

The person concerned was notified of this decision and of his right of appeal on 13 December 1988.

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