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Dáil Éireann debate -
Tuesday, 7 Feb 1989

Vol. 386 No. 7

Written Answers. - Social Welfare Benefits.

73.

asked the Minister for Social Welfare when an invalidity benefit will issue to a person (details supplied) in County Wexford.

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 5 August 1981. He was examined on 20 October 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 he was not, therefore, entitled to invalidity pension.

As the person concerned was dissatisfied with this decision, arrangements have been made to have him examined by a different medical referee on 18 February 1989. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

74.

asked the Minister for Social Welfare, in the case of a person (details supplied) in County Wexford who suffers from multiple sclerosis and who is in receipt of an invalidity pension, if he will arrange for payment of a prescribed relative allowance as his Department issued a letter of sanction for such payment on 11 January, 1989.

Prescribed relative allowance is payable to pensioners who are so incapacitated as to require full time care and attention. A condition for the receipt of this allowance is that the prescribed relative is not in receipt of or entitled to receive a social welfare payment in his or her own right.

The person concerned applied for a prescribed relative allowance on 3 October 1988. Due to an administrative error, he was notified on 11 January 1989 that this allowance had been awarded from 6 October 1988. However, a further examination of his application showed that the nominated relative was in receipt of a deserted wife's allowance in her own right and was not, therefore, a qualified person to receive a prescribed relative allowance. The person concerned was notified of the revised decision on 23 January 1989.

75.

asked the Minister for Social Welfare when a widow's pension will be granted to a person (details supplied) in County Wexford.

The claim of the person concerned to a widow's non-contributory pension has been refused because her means exceed the limit of £50.00 a week applicable in her case.

Her means, derived from a farm holding, have been assessed at £153.85 a week.

She has been notified of this decision and of her right if dissatisfied to appeal against it.

76.

asked the Minister for Social Welfare when disability benefit payments will issue to a person (details supplied) in County Wexford; and if he will expedite the matter.

The person concerned claimed disability benefit from 9 January 1989.

One of the conditions for payment of that benefit is that at least 39 contributions must be paid or credited on a claimant's behalf in the contribution year governing the claim. The person concerned is not entitled to payment as only 29 A3 contributions are recorded for the 1987-88 year which governs his claim.

A credited contribution has, however, been awarded to the person concerned for week commencing 9 January 1989. The claimant submitted a final medical certificate on 16 January 1989 advising that he was fit to resume work. The credited contribution helps to preserve the continuity of his insurance record.

77.

asked the Minister for Social Welfare if unemployment benefit payments will issue to a person (details supplied) in County Wicklow in view of her availability for work.

The person concerned was employed as a nurse until 29 September 1988 when she availed of a one year career break. She applied for unemployment benefit on 6 October 1988 and her claim was disallowed on the grounds that, because she was on a career break, she was not unemployed within the meaning of the social welfare Acts. She appealed against the decision and the appeals officer disallowed her appeal. She has been notified of the appeal officer's decision.

78.

asked the Minister for Social Welfare if disability benefit payments will be reinstated on an appeal basis in the case of a person (details supplied) in County Wexford; and when the next appeal hearing will take place in this regard.

The person concerned was paid disability benefit to 12 November 1988 after which date payment was disallowed following an examination by a medical referee who expressed the opinion that she was capable of work.

She has now appealed against the disallowance and arrangements have been made to have her examined by a different medical referee as soon as possible. Her entitlement to benefit will be reviewed in the light of the medical referee's report.

79.

asked the Minister for Social Welfare the reason for the delay in processing the claim for injury benefit to a person (details supplied) in County Tipperary in view of the fact that he has 14 years insurable contributions.

A claim for injury benefit from 10 January 1989 was received from the person concerned on 12 January.

Pending the completion of investigations, disability benefit on an interim basis was considered. He failed, however, to satisfy the qualifying contribution conditions in the absence of any contributions recorded to his credit in the governing contribution year 1987-88.

Following investigations from his employer which disclosed 52 contributions in the governing contribution year, disability benefit was allowed from 14 January, the fourth day of incapacity. A cheque for £35.90 was issued on 24 January in payment of disability benefit in respect of the period to 17 January. Following the completion of investigations, injury benefit was allowed from 10 January, the first day of incapacity, at the rate of £88.10 a week, appropriate to a married man. Injury benefit over and above the disability benefit paid to 31 January, the date of the latest medical certificate received, was issued on 3 February.

Injury benefit will continue to be paid as further medical certificates are received.

80.

asked the Minister for Social Welfare the present position regarding the appeal of a person (details supplied) in County Tipperary against the decision to disallow payment of disability benefit to him from 29 November, 1988.

The person concerned was paid disability benefit to 6 December 1988 after which date payment was disallowed following an examination by a medical referee who expressed the opinion that he was capable of work.

He appealed against the disallowance and arrangements have been made to have him examined by a different medical referee on 7 February 1989. His entitlement to benefit will be reviewed in the light of the medical referee's report.

81.

asked the Minister for Social Welfare when an appeal case will be heard for a person (details supplied) in County Kildare in respect of a claim for disability benefit.

The person concerned was paid disability benefit to 19 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 14 December 1988 who also expressed the opinion that she was capable of work.

Her case will shortly be referred to an appeals officer for determination.

82.

asked the Minister for Social Welfare when payment of disability benefit will be restored to a person (details supplied) in County Kildare.

The person concerned was paid disability benefit to 31 December 1988.

Payment was disallowed from 2 January 1989 on the basis that his contribution record for the 1987-88 year was insufficient.

However, it has now been confirmed that the claimant has a full record for the contribution year in question and a payable order covering payment from 2 January 1989 to 28 January 1989, the date of the latest medical evidence received, was issued on 6 February 1989.

83.

asked the Minister for Social Welfare when payment of disability benefit will be restored to a person (details supplied) in County Kildare who is entitled to it.

The appeal of the person concerned against the decision to disallow disability benefit is now being referred to an appeals officer for determination. The appeals officer may decide the appeal summarily or may hold an oral hearing in which case the person concerned will be advised of the arrangements as soon as possible.

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