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Dáil Éireann debate -
Tuesday, 18 Apr 1989

Vol. 388 No. 8

Written Answers. - Social Welfare Benefits.

78.

asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Kildare who is entitled to it.

The person concerned returned from England and reapplied for unemployment assistance on 6 December 1988. His claim was authorised at the weekly rate of £37.80 on the basis of an existing qualification certificate with nil means assessed against him.

However, following investigation of his means, his claim was disallowed on the grounds that by failing to furnish full particulars of his means, he had failed to show that his yearly means did not exceed the statutory limit for receipt of a qualification certificate from 3 February 1989. The statutory limit in his case is £4,368.00 per annum.

He appealed against the decision on 15 February 1989 and his case has been referred to the social welfare officer for further inquiries in connection with his appeal. On completion of these enquiries his case will be referred to an appeals officer for determination and he will be informed of the outcome as soon as possible.

79.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick has not been paid disability benefit from 13 September 1987 to 28 November 1987; and if this person has the option of applying for payment for this period.

Payment of disability benefit to the person concerned was disallowed from 11 April 1987 following an examination by a medical referee who considered him to be capable of work. He appealed against the disallowance and was examined by a different medical referee who also expressed the opinion that he was capable of work.

His case was then referred to an appeals officer who upheld the decision to disallow payment of disability benefit from 11 April 1987 to 27 November 1987 — the date of the latest medical certificate before him at that time. The decision of the appeals officer is final and conclusive and can only be altered in the light of new facts or fresh evidence.

He subsequently reapplied for benefit which was ultimately allowed on appeal but the appeals officer held that entitlement was from 28 November 1987 only. The person concerned has been in receipt of benefit from that date.

80.

asked the Minister for Social Welfare whether he has considered indexing the sum of £50 means which is used as the basis of disallowing or allowing spouses claiming for an adult dependant since the equality legislation was introduced; and if he will make a statement on the matter.

Under the equality legislation increases in social welfare payments in respect of adult dependants are provided in respect of a spouse whether male or female who is living with and dependent on the recipient. A spouse in employment or self-employment or in receipt of a social welfare payment in his or her own right is not a dependant. However regulations provide that a working spouse whose earnings are under £50 a week continues to be regarded as a dependant.

The purpose of this arrangement is to ensure that a spouse doing a small amount of work is not debarred from being an adult dependant on their spouse's claim. In view of the purpose of the limit it is not considered necessary that it be increased automatically on an annual basis or otherwise. It will, however, be reviewed from time to time in the light of increases in the general level of earnings and other relevant factors.

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