asked the Minister for Social Welfare the present position regarding the appeal lodged by a person (details supplied) in County Tipperary against the decision to refuse disability benefit.
Written Answers. - Social Welfare Benefits.
82.
The person concerned was in receipt of disability benefit from 10 March 1988 to 28 October 1988 when he was found capable of work by a Medical Referee. Following an appeal he was examined by another Medical Referee on 21 December 1988 who also considered that he was capable of work.
His case has been submitted to an Appeals Officer for determination.
83.
asked the Minister for Social Welfare the present position regarding an appeal against a decision to disallow payment of disability benefit to a person (details supplied) in County Tipperary.
The person concerned appealed the disallowance of disability benefit and he was examined again on 28 February 1989 by a different medical referee who expressed the opinion that he was incapable of work. Payment of benefit is being restored and any arrears due to the person concerned will be issued in the very near future.
84.
asked the Minister for Social Welfare if his attention has been drawn to the case of a person (details supplied) in Dublin 22 who is a former prisoner and whose family are receiving less in total social welfare payments since he has been released from prison than they did while he was in prison even though there is one extra adult to cater for; if he will rectify the anomaly whereby adult persons in prison, sometimes directly as a result of unemployment, are deemed to have broken the long-term nature of their unemployment and thereby, on release, return to lower payments payable to short-term unemployed and in the process also lose the Christmas bonus and free fuel vouchers; and if he will make a statement on the matter.
The person concerned was in receipt of the long-term rate of unemployment assistance until 12 March 1987 when he commenced a prison sentence. While he was in prison his wife was in receipt of prisoner's wife's allowance at the weekly rate of £60.10 in respect of herself and one child. This allowance was terminated on 11 January 1989 when my Department was informed that the person concerned had completed his sentence. He renewed his claim to unemployment assistance on 18 November 1988 and, because he had broken his claim by more than 20 weeks, he became entitled to the short term rate of unemployment assistance at £74.60 a week. Therefore no financial loss was incurred by the person concerned on his release from prison.
Unemployment assistance at the long term rate is payable in respect of any day of proved unemployment which forms part of a continuous period of unemployment during which the applicant has received payment for at least 390 days. For the purpose of unemployment assistance, any two periods of unemployment not separated by more than 20 weeks are regarded as a continuous period of unemployment.
One of the conditions of the national fuel scheme is that to qualify for a fuel allowance a person must be in receipt of the long term rate of unemployment assistance. As the person concerned is in receipt of the short term rate he is not eligible to receive the fuel allowance.
Only those unemployment assistance applicants in receipt of the long term rate of payment during the week ending on Thursday 29 November 1988 qualified for the Christmas bonus. As the person concerned was not in receipt of the long term rate he did not qualify for payment of the Christmas bonus.
There are no proposals at present to amend the provisions governing the definition of a continuous period of unemployment.
85.
asked the Minister for Social Welfare the reason for the delay in hearing an appeal for the payment of arrears claimed for disability benefit of a person (details supplied) in Dublin 20; and if he will make a statement on the matter.
An oral hearing of the appeal of the person concerned against the disallowance of disability benefit for the period from 9 February to 21 July 1988 was held on 23 September 1988. The appeals officer decided that the person concerned was capable of work during this period and thus she was not entitled to payment of benefit.
Subsequently the person concerned submitted further medical evidence concerning her appeal but the appeals officer held that this was not sufficient to warrant a revision of the decision. A letter to this effect issued to her on 17 October 1988.
The person concerned qualified for, and has been paid, disability benefit since 22 July 1988. All benefit due to her to date has been issued.
86.
asked the Minister for Social Welfare the entitlements to disability benefit of a person (details supplied) in Dublin 24; if this person's appeal is pending; if an oral hearing will be arranged as a matter of urgency, in view of the financial needs of this person; and if he will make a statement on the matter.
The person concerned appealed against the disallowance of benefit from 16 August 1988 and was examined on 12 October 1988 by a medical referee who expressed the opinion that he was capable of work.
He appealed against the continuing disallowance arising from his medical examination on 12 October 1988 and his appeal was referred to an appeals officer for determination. The appeals officer upheld his appeal. Payment of disability benefit is being restored and arrangements are being made to pay arrears.
87.
asked the Minister for Social Welfare when the application of a person (details supplied) in County Westmeath for invalidity pension will be finalised; and the steps which have to be taken in the case.
Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work.
The person concerned is in receipt of disability benefit since 14 April 1987. Arrangements have been made to have him examined by a medical referee on 3 April 1989. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.
88.
asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Kildare notwithstanding the fact that she notified the Department that she was unable to attend for the medical referee's examination.
The person concerned is currently in receipt of disability benefit at the weekly rate of £54.20, the maximum rate appropriate to a woman with two dependent children, whose spouse is employed. As agreed with the person concerned a sum of £10 a week is being deducted from her disability benefit towards recovery of an overpayment which arose earlier in her case.
89.
asked the Minister for Social Welfare the reason for the delay in the payment of disability benefit to a person (details supplied) in County Louth.
The person concerned claimed disability benefit from 21 January 1987 but did not qualify for payment as she did not have the required number of contributions in 1985-86, the contribution year governing her claim.
From 4 January 1988 the contribution year governing her claim was 1986-87. Based on her insurance record in that year she qualified for payment at the maximum personal rate from 4 January 1988.
Where a person has less than 260 contributions paid since entry into insurable employment, entitlement to disability benefit is limited to 52 weeks. According to the records of the Department the person concerned has only 235 contributions paid on her behalf since entry into insurance. Payment of benefit was made from 4 January 1988 to 31 December 1988 on which date she had been paid her maximum entitlement of 52 weeks' benefit.
To requalify for disability benefit it will be necessary for her to have at least a further 13 weeks of insurable employment for which the appropriate contributions are paid.