asked the Minister for Social Welfare the reason a person (details supplied) in County Kildare has been deemed as partially fit for work by a medical referee when in actual fact his own doctor and consultant have judged that he is unfit for work and would be a liability to an employer; and if he will make a statement on the matter.
Written Answers. - Social Welfare Benefits.
126.
The person concerned claimed disability benefit from 3 November 1988 and subsequently claimed disablement benefit on 12 December 1988 in respect of an earlier occupational accident.
Following an examination by a medical referee of the Department on 23 January last his loss of faculty was assessed at 10 per cent and he was awarded a disablement gratuity of £334.20 in respect of 11 months from 16 September 1988. The claim will be reviewed in August next.
The medical referee also considered the person concerned to be capable of work and payment of disability benefit was disallowed from 30 January 1989. He appealed against this decision and was examined on 3 April 1989 by another medical referee who also expressed the opinion that he was capable of work.
He was advised 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.His case will be reviewed if the form is completed and returned within the statutory 21 days period.
127.
asked the Minister for Social Welfare when an oral hearing will take place in the case of a person (details supplied) in County Wexford who is a disability benefit applicant; the reason for the delay in the hearing of such appeals; and if he will rectify the matter.
Payment of disability benefit to the person concerned was disallowed from 30 September 1988 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 15 December 1988 who also considered him capable of work.
He submitted an appeal in mid-February 1989 and his case has been referred to an appeals officer for determination. The appeals officer will indicate shortly if he proposes to hold an oral hearing of the appeal. If he does the person concerned will be notified of the arrangements as soon as possible.
In the case of disability benefit appeals where the claimant had been found to be capable of work by a medical referee of the Department it is the practice to arrange for a second examination by a different medical referee so that the findings of both referees can be submitted to the appeals officer. Where a claimant is found to be incapable of work following the second examination benefit is immediately restored. However, if the opinion of the second medical referee agrees with the first then the claimant is afforded an opportunity to state the grounds on which he or she wishes to base the appeal.
This foregoing process takes some time to complete. Notwithstanding constraint on resources every effort is made to ensure that appeals are dealt with as expeditiously as possible.
128.
asked the Minister for Social Welfare when arrears of disability benefit will be paid to a person (details supplied) in County Galway.
The person concerned claimed disability benefit from 3 December 1988. Payment was authorised at the maximum personal rate from 7 December 1988, the fourth day of incapacity. All payments due issued on receipt of medical evidence to 14 February 1989.
Payment of benefit was disallowed from 15 February 1989 following an examination by a medical referee who considered the person concerned capable of work. She did not appeal this decision and was certified fit to resume work by her own doctor on 17 February 1989. No arrears of benefit are due to the person concerned.
129.
asked the Minister for Social Welfare when arrears of disability benefit will be paid to a person (details supplied) in County Carlow.
The person concerned was paid disability benefit to 7 December 1988 when payment was disallowed following an examination by a medical referee who considered her to be capable of work. She appealed this decision and was examined by another medical referee on 1 February 1989 who also expressed the opinion that she was capable of work.
She was informed of the result of this examination and was supplied with a form on which to set out the grounds for appeal if she wished to have her case referred to an appeals officer for determination.She returned this form but did not state the grounds of her appeal. A duplicate form was issued on 8 March 1989. To date this form has not been returned to the Department.
130.
asked the Minister for Social Welfare in view of the severe financial circumstances involved, when a decision will be made on the unemployment assistance appeal of a person (details supplied) in County Offaly.
The person concerned claimed unemployment assistance on 16 July 1988. Following investigation she was assessed with means of £77.60 per week derived from the benefit from her spouse's earnings.
Her spouse is working and earning over £50 per week and he is not, therefore, her dependant for the purposes of her unemployment assistance claim. The legislation provides that where an applicant is not entitled to an adult dependant allowance in respect of a spouse, the means of the applicant are to be halved. The person concerned is accordingly entitled to payment at the weekly rate of £1.90 being the appropriate maximum rate of £40.70 less means of £38.80.
She appealed against the amount of means assessed against her on 24 October 1988 and an appeals officer, on 29 November 1988, also assessed her with means of £77.60. She is currently being paid at the weekly rate of £1.90.
131.
asked the Minister for Social Welfare when it is intended to have an oral hearing and a decision given on an appeal against withdrawal of disability benefit from a person (details supplied) in County Donegal.
The person concerned was paid disability benefit to 15 October 1988 after which date payment was disallowed following examination by a medical referee who was of the opinion that he was capable of work. He appealed against the disallowance of benefit and was examined by a different medical referee on 8 December 1988 who also expressed the opinion that he was capable of work. His appeal has been referred to an appeals officer who proposes to hold an oral hearing of his claim as soon as possible.
132.
asked the Minister for Social Welfare when a person (details supplied) in County Westmeath will have an appeal hearing before an appeals officer in relation to his disability benefit, in view of the long delay in relation to the matter and the submission by the person concerned of further medical reports and details of illness and further disability.
Payment of benefit to the person concerned was disallowed from 12 August 1988 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 8 December 1988 who also considered him capable of work.
His appeal has been referred to an appeals officer for determination. The appeals officer now proposes to hold an oral hearing in the case during the first week in May. The person concerned will be informed when the final arrangements have been made.
133.
asked the Minister for Social Welfare if he will make a statement regarding the application for injury benefit by a person (details supplied) in Dublin 24 based on credits to which he is entitled from the Department of Social Security of the Netherlands; if he will make inquiries with that Department regarding his entitlements in accordance with the relevant EC regulations on reciprocity; and if he will make a statement on the matter.
The person concerned was last insurably employed in the Netherlands. Under the EC regulations on Social Security, responsibility for a claim to benefit rests with the member state under whose legislation the claimant was last insurably employed.
His claim is, therefore, proper to the Department of Social Security in the Netherlands. Accordingly, the claim together with the medical evidence was transferred to the Dutch authorities on 1 March 1989. Since then my Department have written to the Dutch authorities on two occasions on behalf of the person concerned requesting that a decision be expedited.
In the meantime if the means of the person concerned are insufficient to meet his needs, he should contact his local community welfare officer with a view to claiming supplementary welfare allowance.