asked the Minister for Social Welfare if his attention has been drawn to the case of a person (details supplied) in County Wexford who submitted a disability benefit appeal in August, 1988 which was supported by Deputy Brendan Howlin in separately posted representations to his Department on 24 August 1988; that leave to appeal has been refused because both application and representations have gone astray; that this decision appears to remain unchanged despite a letter of explanation submitted by Deputy Brendan Howlin to the relevant section on 8 March 1989 which has not been acknowledged; and if he will make immediate arrangements for the hearing of an appeal in this case.
Ceisteanna—Question. Oral Answers. - Social Welfare Benefits.
14.
Payment of disability benefit to the person concerned was disallowed from 29 August 1988 following examination by a medical referee who expressed the opinion that she was capable of work. She was notified of the decision and advised that she could appeal, if she so wished, by notifying the Department in writing within 15 days. Unfortunately there is no record of an appeal or of representations from the Deputy having been received in the Department at that time.
I have had the circumstances of this case reviewed in the light of the more recent correspondence received from the Deputy and I am satisfied that the right to an appeal should be allowed in this case. Accordingly, as a first step a further medical referee examination is now being arranged for the earliest possible date and the person concerned will be advised of the arrangements shortly.
I regret any inconvenience caused to the person concerned or to the Deputy in this case.
I just want to record my gratitude to the Minister for his response in this regard.
15.
andMrs. Barnes asked the Minister for Social Welfare if his attention has been drawn to the fact that the change in the number of insurable weeks from 26 to 39 to qualify for social welfare benefits disentitled many casual workers employed in the hotel industry, especially waitresses, in view of the irregularity of their hours; if he has any proposals to allow an annual assessment of their hours which would allow them to qualify.
To qualify for insurance based benefits a person must have at least 39 contributions paid and 39 contributions paid or credited in the governing contribution year. The increase in 1987 from 26 to 39 in the number of contributions required was designed to ensure that scarce resources are directed to those in the greatest need and to ensure that for entitlement to full weekly benefits under the social insurance system there is a reasonably lengthy history of recent attachment to the labour force.
Part-time workers who are employed for fewer than 18 hours per week and who are not mainly dependent on their earnings from employment are insurable at a reduced rate which gives cover for occupational injuries benefits only. Weeks of insurance at the reduced rate do not reckon for the purposes of entitlement to disability or unemployment benefit.
The issue raised by the Deputies is a complex one involving both the position of part-time workers generally vis-à-vis social insurance coverage and the award of credits. These matters are currently under review in my Department to see how such workers might be provided for within the system while ensuring that entitlements to full weekly benefits are not obtained on the basis of minimal contributions. Any changes in the existing arrangements would require new legislation and would have major implications for all social insurance schemes.
The National Pensions Board have been specifically asked also to examine the question of pension entitlements of part-time workers. The board are expected to address this issue in detail in their final report which is expected to be completed by the end of this year.
Will the Minister accept that there is an urgency in clearing up this anomaly? In many cases the total number of hours worked in the hotel and tourist related trades is equivalent to or greater than those worked by people who would be clocking up 39 weeks' contributions, but in the case of people working in the hotel industry these hours might be concentrated over a fewer number of weeks. They would have the hours worked, but would not get the credits because the work was concentrated. Does the Minister accept that it is unjust that they should be penalised and that the system must be changed to take on board the rights which such people should have.
The Deputy suggests a change in the system which would be fairly complex in relation to its operation. I am particularly concerned about the position of part-time workers and the extension of part-time working within the community. This is an experience throughout Europe generally which is causing a great deal of difficulty in relation to the whole social insurance area. For that reason I set about a fairly substantial review of this situation in order to look at the criteria used and the bases on which it should be used. Another criterion relates to earnings, as people may be working fewer hours earning substantial amounts of money and they are excluded from pension and other cover. As the Deputy will be aware, this is a complex problem. I have asked the National Pensions Board to examine the matter and they will include their views on it in their report which will be available at the end of the year.