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Dáil Éireann debate -
Wednesday, 1 Feb 1989

Vol. 386 No. 4

Written Answers. - Social Welfare Benefits.

50.

asked the Minister for Social Welfare the present position regarding the application for a transfer from disability benefit to invalidity pension of a person (details supplied) in County Tipperary.

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 14 February 1989. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

51.

asked the Minister for Social Welfare the present position regarding the appeal of a person (details supplied) in Country Tipperary against his Department's decison to discontinue payment of disability benefit.

The person concerned appealed against the disallowance of disability benefit from 17 December 1988. Arrangements have been made to have him examined by a different medical referee. His entitlement to benefit will then be reviewed in the light of the medical referee's report.

52.

asked the Minister for Social Welfare the present position regarding the application to transfer from disability benefit to invalidity pension in the case of a person (details supplied) in County Tipperary.

The person concerned would appear to satisfy the medical and PRSI contribution conditions for invalidity pension. A claim form has been issued to her and on its completion and return, a formal decision will be made on entitlement without delay.

53.

asked the Minister for Social Welfare the reason an application for a free fuel allowance for a person (details supplied) in County Tipperary was refused.

One of the qualifying conditions for receipt of the fuel allowance under the national fuel scheme is that the claimant must be living alone or only with qualified dependants. A qualified dependant for this purpose is a person in respect of whom an adult and-or child dependant allowance is payable. No fuel allowance is payable where any person who is not a qualified dependant is residing with the claimant.

In this case the person concerned stated on his application form that he was living alone and was awarded the fuel allowance from 17 October 1988, the start of the 1988-89 fuel season. It was subsequently discovered that he was living with his brother who is not his qualified dependant as he is in receipt of unemployment assistance in his own right. Payment of the allowance was discontinued with effect from 14 December 1988.

However, I wish to let the Deputy know that the living alone condition for the long term unemployed is being modified so that from the next heating season, commencing in October 1989, where two people who would qualify individually are living in the same household, a single fuel allowance will be paid. This has been provided for in the budget and it is estimated that some 18,500 households will benefit from this extension at a cost of £2 million.

54.

asked the Minister for Social Welfare the present position regarding the appeal of a person (details supplied) in County Kildare who had disability benefit discontinued to him; 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 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 that he was not incapable of work in respect of the period from 21 November 1987 to 25 April 1988.

Payment of benefit was further disallowed from 26 April 1988 by a deciding officer and the person concerned appealed in September 1988 against the continuing disallowance. He was again examined on 11 October 1988 by a medical referee who expressed the opinion that he was capable of work. He was informed of the result of this examination and issued with a form on 9 November 1988 on which to set out the grounds for appeal if he wished to have his case referred to an appeals officer for determination. This form, which should have been completed within 21 days, has not been returned to the Department.

55.

asked the Minister for Social Welfare the reason a contributory widow's pension has not been renewed for a person (details supplied) in County Dublin who is under threat of eviction and who has furnished the required evidence to his Department; and if he will make a report to Deputy Michael Joe Cosgrave on the matter.

The widow's contributory pension of the person concerned was discontinued from 3 July 1987 when it was found by a deciding officer that she no longer satisfied the conditions for receipt of pension. The disallowance was confirmed by an appeals officer on appeal. The case was the subject of a High Court hearing in July 1988 and the court upheld the decision.

The person concerned has recently submitted a renewed claim for pension reporting a change in her circumstances. Before the claim could be decided, it was necessary to have inquiries made to ensure that the conditions for receipt of pension are fully satisfied. The present position is that the social welfare officer has almost completed his inquiries and his report is expected in the very near future. On receipt of the report, the position will be carefully examined and considered as quickly as possible and the claimant will be notifed of the outcome.

56.

asked the Minister for Social Welfare if an application for disability benefit has been approved for a person (details supplied) in County Waterford.

The person concerned was paid disability benefit to 7 October 1988 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 by another medical referee on 13 January 1989 who also expressed the opinion that he was capable of work. He was informed of the result of this examination and was supplied with a form on which to set out the grounds for appeal if he wished to have his case referred to an appeals officer for determination.

57.

asked the Minister for Social Welfare if he will approve payment of a widow's pension to a person (details supplied) in County Waterford.

The claim of the person concerned to a widow's non-contributory pension was refused because her means exceeded the limit of £50 a week applicable in her case. She appealed against the decision and her case was referred to an appeals officer for consideration. The appeals officer requested that further inquiries be made with the social welfare officer. His report showing that the widow's means (£126.53 weekly), derived from annuity and gifts from her family still exceeded the limit for receipt of widow's non-contributory pension was placed before the appeals officer.

The appeal was disallowed. The decision of the appeals officer is final and conclusive and is only subject to review in the event of new facts or fresh evidence being furnished by or on behalf of the claimant.

58.

asked the Minister for Social Welfare if Irish nationals in receipt of United States retirement pensions can be considered as being eligible for old age pension benefits such as free telephone rental, and free electricity allowance in view of the fact that their counterparts who receive British retirement pensions are eligible.

At present persons aged 66 years or over in receipt of retirement pension from the United Kingdom Department of Health and Social Security can qualify for free electricity allowance and free telephone rental provided they fulfil the living alone and other conditions for entitlement under those schemes. In order to achieve harmonisation of treatment for pensioners of EC member states provision is being made, as announced in the budget, to extend entitlement to the free schemes to EC pensioners living in Ireland. There are no plans at present to extend these schemes to recipients of United States social security payments.

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