asked the Minister for Social Welfare the reason for the delay in paying arrears of occupational injury benefit and disability benefit to a person (details supplied) in County Kerry in which case payment is due since August 1988; and if he will make a statement on the matter.
Written Answers. - Social Welfare Benefits.
50.
The person concerned was in receipt of disability benefit which was disallowed following an examination of the person by a medical referee who considered her to be capable of work. The disallowance was referred to an appeals officer. Following an oral hearing of the appeal held on 8 May 1989, the appeals officer decided that she was incapable of work and entitled to be paid disability benefit from 18 August 1988. Benefit has now been restored and arrears due will issue shortly.
51.
asked the Minister for Social Welfare the reason disability benefit was disallowed in the case of a person (details supplied) in County Kildare whose doctor certifies that she is incapable of work; and if he will make a statement on the matter, having regard to this person's possible need for hospitalisation.
The person concerned was paid disability benefit to 11 March 1989, after which date payment was disallowed following an examination by a medical referee who considered her to be capable of work.
She expressed dissatisfaction with the decision to disallow payment and was examined by another medical referee on 15 May 1989, who also expressed the opinion that she was capable of work.
She was advised of the result of this examination and was supplied with a form on 17 May 1989 on which to set out the grounds for appeal if she wished to have her case referred to an appeals officer for determination. Her case will be reviewed if this form is completed and returned within the 21 day statutory period. The person concerned will be paid disability benefit in respect of any certified period of hospitalisation.
52.
asked the Minister for Social Welfare the reason a person (details supplied) in County Louth was refused disability benefit; and when benefit will be paid.
Payment of disability benefit to the person concerned was disallowed from 14 November 1988 following an examination by a medical referee who expressed the opinion that she was capable of work. She expressed dissatisfaction with the decision to disallow payment and was examined by a different medical referee, who also considered her capable of work. She did not pursue the matter further.
The person concerned made a further claim to disability benefit from 24 April 1989. This claim has been allowed and payment has issued to 15 May 1989, the date of the latest medical certificate received.
53.
asked the Minister for Social Welfare whether, in view of the threatened lockout by a company (details supplied) in Dublin 5 who are in industrial dispute with their workers, the ruling under which workers cannot obtain full social welfare benefits during an industrial dispute will be changed; and whether it is possible for workers to appeal the present inadequate support from his Department's funds to the families of those in dispute.
Under the provisions of section 35 (1) of the Social Welfare (Consolidation) Act 1981, as amended by section 13 of the Social Welfare (No. 2) Act 1987, a person who has lost his employment by reason of a stoppage of work which is due to a trade dispute is disqualified from receiving payment of unemployment benefit. A similar provision for unemployment assistance is contained in section 142 (3) of the 1981 Act, as amended by the 1987 Act. The provisions do not apply to a worker who is not participating in or directly interested in the trade dispute which caused the stoppage of work.
The purpose of the unemployment assistance and unemployment benefit schemes is to provide an income for persons who find themselves involuntarily unemployed. This is not the position in the case of a person engaged in a trade dispute and it is considered that the current provisions governing payment of unemployment assistance and benefit to persons engaged in a trade dispute are not unreasonable.
In this particular case a number of workers have been on strike since 8 April 1989 and have been supported by others who have refused to pass pickets. A deciding officer has decided that all these workers lost their employment by reason of a stoppage of work which arose as a direct result of a trade dispute and that in accordance with the statutory provisions outlined above, they are disqualified from receiving payment of unemployment assistance or benefit for the duration of the dispute.
The deciding officer also decided that those workers who were not involved in the dispute but who have been laid off since the commencement of the dispute are entitled to receive payment of unemployment assistance or benefit for the duration of the dispute.
Any of the workers concerned who claimed but were disqualified from the receipt of unemployment assistance or benefit may appeal the decision of the deciding officer to an appeals officer. An appeal form for this purpose may be obtained from the employment exchange.
If the appeal is not successful, the workers may apply to have their case referred for consideration by the Social Welfare Tribunal. The tribunal, which was set up in 1982, adjudicates on cases where persons who had been disqualified by an appeals officer from receiving unemployment assistance or unemployment benefit on the grounds that they were involved in a trade dispute, contend that they have been unreasonably deprived of employment by their employer.
The legislative provisions governing the payment of supplementary welfare allowance provide that the needs of a person without employment due to a trade dispute shall be disregarded in determining entitlement to an allowance except in so far as such needs include the need to provide for adult and/or child dependants. There is a right of appeal under the scheme to the appeals officer of the health board.
54.
asked the Minister for Social Welfare whether he has considered extending the free bus travel to the unemployed, or even to the long-term unemployed; and if he will make a statement on the matter.
The free travel scheme operated by my Department applies to all permanent residents of the State aged 66 years and over and to certain categories of disabled persons under 66 years of age. The scheme also applies to spouses under 66 years when they accompany the qualified person.
The extension of the free travel scheme to all unemployed or to the long-term unemployed would have major cost implications and could only be considered in a budgetary context. There are no plans for such an extension at present.
55.
asked the Minister for Social Welfare if he has any plans to apply the family income supplement to participants of the social employment scheme even on a pro-rata basis; and if he will make a statement on the matter.
56.
asked the Minister for Social Welfare the reason those employed on social employment schemes are excluded from the family income supplement; and whether he has any proposals to change this situation.
I propose to take Questions Nos. 55 and 56 together.
The family income supplement is designed to provide cash support for employees on low earnings with families. In many cases such workers might otherwise be only marginally better off than if they were claiming disability or unemployment benefit and the scheme is intended to provide additional income to families in those circumstances.
The social employment scheme is designed to give unemployed people an opportunity of engaging in part-time employment usually on a half-time basis. The rates of payment under that scheme are determined by reference to the rates of unemployment assistance and have regard to the fact that participants are free to take up other part-time employment for the remainder of the week while they are not on the scheme. Rates of payment under the scheme are being increased from July next from £60 to £65 for a single person and from £85 to £92 for a person with an adult dependant There are no plans to enable participants to qualify for family income supplement in addition.
57.
asked the Minister for Social Welfare the present position regarding the taking into account for social welfare means assessment purposes income derived from keeping young students who spend short periods in Gaeltacht houses to learn the Irish language.
The Social Welfare (Consolidation) Act, 1981, as amended by subsequent Social Welfare Acts, provides that all cash income which an applicant for social welfare or his-her spouse may reasonably expect to receive during the succeeding year, other than specific items excluded by the Act, must be assessed as means.
In the case of applicants receiving income as a result of providing accommodation for language students attending courses in the Gaeltacht, the income is assessable for the purposes of means testing. However, the amount assessed would be the net income accruing to the claimant after deduction of the necessary expenses in providing the accommodation. This net income, in addition to any other income assessable, is divided by 52 to provide the weekly means of the claimant.