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Dáil Éireann debate -
Tuesday, 31 Jan 1989

Vol. 386 No. 3

Written Answers. - Social Welfare Benefits.

89.

asked the Minister for Social Welfare the reason pay-related benefit was not paid to a person (details supplied) in County Meath; and if he will make a statement on the matter.

The person concerned claimed disability benefit from 10 September 1988. Payment issued from 14 September 1988, the fourth day of incapacity. The Social Welfare Acts provide that pay-related benefit is not payable where the total amount of disability benefit payable equals or exceeds 75 per cent of a claimant's average reckonable weekly earning in the relevant income tax year. The person concerned does not qualify for payment of pay-related benefit as the total amount of disability benefit payable, £93 per week, exceeds 75 per cent of his reckonable weekly earnings of £120.82 in the 1986-87 tax year which governs his claim.

90.

asked the Minister for Social Welfare the number of Permanent Defence Force personnel who are in receipt of family income supplement.

At present 46 members out of a total of 11,650 personnel in the Permanent Defence Forces are in receipt of family income supplement. These members have an average family size of over five children.

91.

asked the Minister for Social Welfare if he intends to cut alleviation payments to married couples such as persons (details supplied) in Dublin 12 who receive a payment since the introduction of EC equality legislation.

The equal treatment alleviating payments were introduced on a temporary basis in November 1986 to cushion the effect of the EC Directive on Equal Treatment for men and women in social security matters. Payments of £20 per week were originally made to recipients where, at November 1986, both spouses were in receipt of a social welfare payment. Payments of £10 per week were made to people whose spouse was working and could no longer qualify as a dependant.

The previous Government had intended that the arrangement would cease in November 1987. However, in view of the hardship that would have resulted for families by the abrupt ending of the payments, the Government decided that they should be phased out over a period by reducing them to take account of budget increases. In this way there is no loss to persons who had been receiving an alleviating payment. This was done last year and will apply again this year in the context of the budget increases from next July.

92.

asked the Minister for Social Welfare if he will review the case of a person (details supplied) in Dublin 12 who was in receipt of unemployment benefit for 15 months until the week before Christmas 1988 and who has unemployment assistance and assistance from the local health centre but who is not in receipt of any income since his last payment before Christmas; and if he will ensure that entitlement is given in this case without further delay.

The person concerned made a claim for unemployment assistance on 6 December 1988. His papers were sent to a social welfare officer for investigation of his means. He failed to provide full details of his means at the initial interview with the social welfare officer and further investigation of his claim is therefore necessary. This is being pursued at present.

He claimed supplementary welfare allowance through the Eastern Health Board on 4 January 1989 but his claim was disallowed as he failed to provide the community welfare officer with the necessary information to enable his claim to be processed. He appealed against the disallowance and a decision on the appeal is awaited. If he provides the required information his claim will be processed as soon as possible and he will be notified of the outcome at the earliest available opportunity.

93.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork has not been approved for unemployment assistance.

Following investigation, the unemployment assistance claim of the person concerned was disallowed on the grounds that, by failing to furnish details of his means, he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance on 14 September and arising from contentions raised by him in support of his appeal, his papers were referred to the social welfare officer for further inquiries.

These inquiries were completed recently and his case was submitted to an appeals officer who also disallowed his claim. The person concerned was notified of this disallowance on Tuesday 17 January 1989.

94.

asked the Minister for Social Welfare the reason for the delay in processing the application for free electricity of a person (details supplied) in County Louth.

A reapplication for a free electricity allowance from the person concerned has been approved and the ESB has been instructed to restore the allowance to her account from 1 September 1988.

95.

asked the Minister for Social Welfare when a person (details supplied) in County Clare will receive payment of the full rate of disability benefit.

Payment of disability benefit was disallowed from 26 September 1988 following an examination by a medical referee who expressed the opinion that the person concerned was capable of work. He appealed against this decision and was examined in connection with his appeal by a different medical referee on 12 January 1989 who also considered him capable of work.

He was supplied with a form on which to set out the grounds for appeal if he wished to have his case against the disallowance of disability benefit referred to an appeals officer for determination. His case will be reviewed on receipt of this form.

96.

asked the Minister for Social Welfare if he will arrange immediate payment of a free fuel allowance to a person (details supplied) in County Clare.

Fuel allowances are paid by my Department to persons in receipt of long term social welfare payments provided certain other conditions are fulfilled. The person concerned is not in receipt of a qualifying payment and is not, therefore, entitled to a fuel allowance from the Department.

It is understood from the Mid-Western Health Board that the person concerned was given assistance towards her heating needs under the supplementary welfare allowance scheme previously. She has not applied for such assistance this winter and if she does so her case will be sympathetically considered by the board.

97.

asked the Minister for Social Welfare when an old age pension will issue to a person (details supplied) in County Clare.

A decision was made in this case on 30 January 1989. The deciding officer awarded an old age pension at the weekly rate of £28.50 with effect from 11 November 1988, i.e. the Friday following receipt of a claim from the person concerned. This is the rate to which he is entitled having regard to his means which consist of capital and free lodgings assessed at a weekly value of £24.28. A pension book will be issued this week to the post office of payment nominated by the pensioner.

98.

asked the Minister for Social Welfare if he will arrange for the acceptance of monthly certificates for a person (details supplied) in County Clare for the purpose of disability benefit payment.

The person concerned is in receipt of disability benefit since April 1987. He has been examined by a medical referee on a number of occasions but has not been considered suitable for monthly certificates. He will be examined again during the week commencing 20 February 1989 and his request to be put on monthly certificates will be reviewed in the light of the result of this examination.

99.

asked the Minister for Social Welfare when a person (details supplied) in County Clare will receive a free telephone rental allowance.

An application for the allowance from the person concerned has been approved with effect from 23 February 1988.

Telecom Éireann are at present implementing a new billing system in the Limerick contracts area which gave rise to the delay in applying the allowance to the telephone account of the person concerned. Telecom Éireann have confirmed that the allowance will appear on her next telephone bill with a full retrospective rental credit.

100.

asked the Minister for Social Welfare if a person (details supplied) in County Kildare qualifies for a free telephone rental allowance; and if he will make a statement on the matter.

There is no record in the Department of receipt of an application for this allowance from the person concerned. An application form was issued to him on 31 January 1989. On receipt of the completed application form in the Department an early decision will be given in his case and he will be notified of the outcome.

101.

asked the Minister for Social Welfare if dependant's allowance payment for a person (details supplied) in County Wexford who is on invalidity pension will be continued in view of the fact that the person's daughter is still in full-time education.

Child dependant allowance is payable to invalidity pensioners in respect of children aged under 18 years of age. As the daughter of the person concerned reached 18 on 1 December 1988, he is no longer entitled to be paid an allowance for her from that date.

Provision will be made for payment of a child dependant allowance in respect of a child who is in full time education up to the age of 19 years in the forthcoming Social Welfare Bill. This legislation will be introduced in the Dáil shortly.

102.

asked the Minister for Social Welfare when pay-related benefit will be paid to a person (details supplied) in County Kildare who is in receipt of unemployment benefit since 6 November, 1988.

The person concerned claimed unemployment benefit on 7 November 1988 and is in receipt of £43.60 weekly. This is the maximum rate of unemployment benefit payable to a person without qualified dependants. He is not entitled to pay-related benefit with flat-rate unemployment benefit, as he has insufficient earnings for this purpose during the relevant income tax period 6 April 1986 to 5 April 1987.

103.

asked the Minister for Social Welfare, in view of the case of a person (details supplied) in Dublin 13 who has appealed against his Department's decision to discontinue payment of disability benefit to her, whether there is a case supporting her appeal for the restoration of disability benefit; and if an early appointment will be made for the hearing of her appeal.

The person concerned was paid disability benefit to 22 October 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 by a different medical referee on 29 November 1988 who also expressed the opinion that she was capable of work. Her appeal will shortly be referred to an appeals officer for determination.

I must point out that decisions in relation to entitlement to benefit are given by deciding officers and appeals officers who are statutorily independent of me in the exercise of their functions and I have no power to interfere with their decisions.

104.

asked the Minister for Social Welfare whether a person (details supplied) in County Limerick is being treated unfairly as he has been put back on short term unemployment assistance due to the fact that he availed of the opportunity of employment for a limited period last year; and whether he intends to remedy the inequity which arises in cases such as this.

Payment of unemployment assistance at the long term rate is payable in respect of any day of proven unemployment which forms part of a continuous period or interruption of unemployment during which the applicant has received payment for at least 390 days. A continuous period of interruption of employment for this purpose is defined in social welfare legislation as any two periods of unemployment not separated by an interval of more than 20 weeks. This interval of 20 weeks is regarded as generally reasonable. In recent years, however, the legislation has been amended to provide that periods of participation of up to one year in certain training and employment schemes are to be disregarded in determining whether any two periods of unemployment may be treated as continuous.

The person concerned was in receipt of long term unemployment assistance until 15 September 1987 when he went abroad. He renewed his claim to unemployment assistance on 28 March 1988 which meant there had been a break of some 28 weeks. In accordance with the legislative provision referred to above, the claim was therefore authorised at the short term rate with effect from that date.

105.

asked the Minister for Social Welfare when a decision will be made on the application for invalidity pension of a person (details supplied) in County Limerick; and in view of the fact that she has had ten medical examinations in the last five years in all of which she was found incapable of working, whether his Department has sufficient medical evidence to justify granting the invalidity pension.

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 21 June 1982. She was examined on 26 October 1988 by a medical referee who did not consider her to be permanently incapable of work and asked to have her referred for a further examination in three months. The deciding officer decided that she was not, therefore, entitled to invalidity pension. As she was dissatisfied with this decision, arrangements have been made to have her examined by a different medical referee on 31 January 1989. Her entitlement to invalidity pension will be reviewed in the light of the report of this examination.

106.

asked the Minister for Social Welfare if he will arrange for the immediate payment of invalidity benefit to a person (details supplied) in County Galway.

The person concerned was paid disability benefit to 7 May 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 by a different medical referee on 26 July 1988 who also expressed the opinion that he was capable of work. His appeal was refered to an appeals officer who decided following an oral hearing on 18 January 1989 that the person concerned was not incapable of work within the meaning of the Social Welfare Acts from 9 May 1988 and is not entitled to be paid benefit from that date.

107.

asked the Minister for Social Welfare the assistance which is available from his Department to a person (details supplied) in Dublin 10.

The person concerned is in receipt of invalidity pension at the rate of £50 per week, the maximum rate payable to a pensioner with no qualified dependants. The husband of the person concerned is in receipt of invalidity pension at the rate of £68 per week; that is, £50 personal rate and £18 adult dependant alleviation payment.

The person concerned was paid an increase of pension in respect of two qualified child dependants — a son and a daughter — to 8 December 1988 when these children reached 18 years of age. The son of the person concerned claimed, and is at present being paid unemployment assistance. It is understood that the daughter is in fulltime education.

Provision will be made for payment of child dependant allowance in respect of a child who is in fulltime education up to the age of 19 years in the forthcoming Social Welfare Bill. This legislation will be introduced in the Dáil shortly.

108.

asked the Minister for Social Welfare in view of the case of a person (details supplied) in Dublin 22, the number of credits which have been applied to this person in 1988 in respect of her application for disability benefit and her submission of certificates; the number of weeks for which disability benefit has been paid; the reason it has not been paid in respect of the remaining weeks for which certificates have been submitted; when this person, who is still in bad health, will qualify for disability benefit; and if he will make a statement on the matter.

The person concerned made a claim for disability benefit from 10 May 1988. Before payment could be authorised, or credited contributions awarded, a medical opinion of her incapacity for work was required. She was examined on 7 September 1988 and was found capable of work. She appealed against this decision and was examined by a different medical referee on 29 November 1988 who also expressed the opinion that she was capable of work.

She has been advised of the result of this examination and a form has issued to her on which to set out the grounds for appeal if she wishes to have her case referred to an appeals officer for determination. Her case will be reviewed on receipt of this form. Payment of disability benefit issued for the periods 15-21 September 1988 and 19-25 October 1988, when the person concerned was hospitalised, and credited contributions were awarded for both periods.

109.

asked the Minister for Social Welfare if he will restore a free electricity allowance to a person (details supplied) in County Waterford who is in receipt of an invalidity pension.

To qualify for a free electricity allowance a person in receipt of a qualifying payment must reside alone or only with persons who come within certain excepted categories. The person concerned lives with his daughter who is in receipt of unemployment assistance and does not, therefore, come within the excepted categories for satisfying the living alone condition of the scheme.

110.

asked the Minister for Social Welfare the reason for the delay in payment of disability benefit to a person in County Laois.

The person concerned claimed injury benefit on 25 October 1988 in respect of an incapacity from an alleged accident at work on 24 October 1988. Pending the completion of investigations arising from the accident, he was allowed disability benefit on an interim basis from 28 October 1988, the fourth day of incapacity.

Following an examination by a medical referee of the Department on 12 January 1989 who expressed the opinion that he was not incapable of work, payment of interim disability benefit was suspended from 20 January. No appeal against this decision was received. He has since been paid arrears representing the excess of injury benefit over disability benefit for the period in question.

Regarding the injury benefit claim, a form of inquiry to confirm the alleged accident was issued to his employers on 3 November 1988. The employers failed to reply to the inquiry or to a reminder which was issued to them on 23 January 1989. However, when contacted by phone, the employers confirmed details of the accident. Injury benefit was awarded from 24 October 1988, the date of the accident. Injury benefit over and above the disability benefit paid on an interim basis has now been paid.

111.

asked the Minister for Social Welfare the reason for the delay in dealing with the unemployment benefit claim of a person (details supplied) in County Kildare.

Entitlement to unemployment benefit is subject to the condition that a claimant is available for and genuinely seeking employment. The person concerned claimed unemployment benefit on 30 November 1988, but her claim was disallowed on the grounds that she was not available for or genuinely seeking employment. She appealed against the disallowance and attended an oral hearing on 4 January 1989, at which she was afforded an opportunity to present her case. On the evidence available, the appeals officer disallowed her appeal.

She has continued to sign the unemployed register. Her entitlement to benefit from the day after the appeals officer's decision is currently under review and she will be notified of the outcome as soon as a decision is made in the matter.

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