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Dáil Éireann debate -
Tuesday, 18 Jul 1989

Vol. 391 No. 5

Ceisteanna—Questions. Written Answers. - Social Welfare Benefits.

22.

asked the Minister for Social Welfare the reason for the decision to disqualify a person (details supplied) in County Offaly from disability benefit in view of the fact that he received that benefit for five years and is 60 years of age and should be on an invalidity pension given his medical condition rather than being on appeal for disability benefit and currently claiming unemployment benefit; if he will have the matter reinvestigated with a view to an immediate review; and if he will make a statement on the matter.

Payment of disability benefit has been restored to the person concerned from 21 June 1989 following examination by a medical referee on 31 May 1989 who found him incapable of work.

Arrears of benefit for the period 31 May 1989 to 20 June 1989 will be paid as soon as details of unemployment assistance paid are established.

23.

asked the Minister for Social Welfare the reason a decision has not been made in relation to an application for an old age pension for a person (details supplied) in County Tipperary who is clearly entitled to a pension.

The person concerned applied for the old age non-contributory pension on 30 May 1989. Her case has been referred to the local social welfare officer for investigation and on completion of the necessary inquiries a decision will be given as to her entitlement as quickly as possible.

24.

asked the Minister for Social Welfare the reason payment of unemployment assistance has not been made to a person (details supplied) in County Kildare.

A person who leaves employment voluntarily without just cause can be disqualified for claiming unemployment benefit for a period of six weeks.

The person concerned claimed unemployment benefit on 17 May 1989 having left his employment on 13 May 1989. Inquiries were made to ascertain the reasons he left his employment. These inquiries have now been completed and a deciding officer has disqualified the claim for six weeks from 13 May 1989 to 23 June 1989. The person concerned is now being notified of this decision and of his right of appeal to an appeals officer if he so wishes.

Payment of unemployment benefit will be made next week with effect from 24 June 1989.

25.

asked the Minister for Social Welfare if an old age non-contributory pension payment will be awarded to a person (details supplied) in County Wexford; if so, when; and the rate at which payment will be made.

The person concerned applied for the old age non-contributory pension on 5 January 1989 which was subsequently disallowed by a deciding officer on the grounds that he had failed to fully disclose his means.

His entitlement to an old age contributory pension was then examined. However, the person concerned had insufficient reckonable Irish insurance contributions and failed to qualify. As the Department had obtained information regarding his British insurance record the question of his entitlement to an old age contributory, pro-rata, pension under EC regulations was examined.

The award of this pension is made on a pro-rata basis by combining the Irish and British insurance records. The person concerned was, therefore, awarded this pension with effect from 4 November 1988 at the weekly rate of £0.50 per week, increasing to £0.60 with effect from 28 July 1989. Arrangements are being made to have full arrears issued to him as soon as possible.

26.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded an invalidity pension; and, if so, when.

It has not been possible in the absence of the person's RSI number to trace the claim of the person concerned from the information supplied. If an RSI number or further details can be quoted, further efforts will be made to identify the claimant.

27.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford was not awarded an old age contributory pension in view of the fact that he had the necessary average number of PRSI contributions; and if his employment between 1943 and 1959 was included.

Under Regulations made in 1988, reduced-rate old age contributory pensions, effective from 14 October 1988, were awarded to persons who had previously failed to qualify for pension due to gaps in their insurance record incurred by the intermittent increases in the insurance limit from 1953 to April 1974, when the insurance limit was abolished. (Contributions paid prior to 1953 may not be used in calculating the yearly average for old age contributory pension purposes).

The Regulations conferred entitlement to pension to those people who had re-entered insurance on 1 April 1974 provided their total number of contributions averaged between five and 19 per year. Inadvertently, the Regulations also enabled people, such as the person concerned, who had re-entered insurance at a modified rate on 1 April 1974 to qualify for this pension.

Amending Regulations were brought into effect from 2 February 1989 which confined entitlement to this pension to those who had re-entered insurance in April 1974 at the full rate of insurance only. Claimants who had re-entered insurance in April 1974 at a modified rate and who had submitted their pension applications prior to the effective date of the amending Regulations were awarded pension up to the date those Regulations came into effect.

In the case of the person concerned, he was awarded pension for the period 14 October 1988 to 2 February 1989 at the weekly rate of £13.10. Arrears amounting to £218.12 were issued to him in April 1989.

It has not been possible in the time available to ascertain the additional information regarding the insurance record of the person concerned. As soon as the information is to hand, I will communicate with the Deputy.

28.

asked the Minister for Social Welfare if an application for an old age pension for a person (details supplied) in County Wexford will be approved; if so, when; and, if not, the reason.

The person concerned applied for the old age non-contributory pension on 7 April 1989. Following investigation into her means by the local social welfare officer, it was decided that she was entitled to this pension at the weekly rate of £22.50.

The spouse of the person concerned is currently in receipt of an invalidity pension which includes an allowance of £32.40 in respect of his wife. As the rate of this allowance is higher than the rate of the old age non-contributory pension, it was considered to be of more financial benefit to the person concerned to allow her to remain in receipt of the adult dependant increase on her husband's invalidity pension. Consequently her claim to the old age non-contributory pension was regarded as being withdrawn and she has been notified accordingly.

29.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford is eligible for any retirement or old age contributory pension when he reaches the relevant age.

Retirement or old age contributory pension is awarded to persons who satisfy statutory qualifying conditions, one of which requires that an applicant has a yearly average of 24 reckonable contributions for the retirement pension and 20 for the old age contributory pension.

The person concerned has a total of 729 reckonable contributions recorded in respect of him by the Department which is equivalent to a yearly average of 19 for both retirement and old age contributory pension purposes. This is insufficient to entitle him to either pension. A further 159 reckonable contributions are required for retirement pension purposes and 31 for old age contributory pension purposes which may be gained by resuming reckonable insurable employment.

Should the person concerned fail to qualify for either of these pensions on reaching the qualifying age, he may then apply for an old age non-contributory pension which is based on a means test.

30.

asked the Minister for Social Welfare if he will consider extending the free electricity and free telephone allowance to persons who are widows and recipients of the single woman's allowance and over 56 years and living alone.

These schemes were introduced originally for the benefit of old age and disabled pensioners. Any extension to include other categories would have significant cost implications and could only be considered in a budgetary context.

31.

asked the Minister for Social Welfare when a decision will be given on the appeal of a person (details supplied) in County Cork against his disallowance of disability benefit; and if an oral hearing of his appeal will be held prior to a decision being given on same.

The person concerned was paid disability benefit to 8 January 1989 after which date payment was disallowed 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 6 February 1989 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 shortly.

32.

asked the Minister for Social Welfare if he will investigate and report on the claim made by a person (details supplied) in County Dublin who is married, for an allowance for his common law wife and four children; and the reason his claim was disallowed.

According to the records of the Department the person concerned last claimed disability benefit from 14 March 1988 to 19 March 1988. The information supplied in connection with his claim indicated that he was a married man who was separated from his wife to whom he paid maintenance and that he resided with his common law wife and their four dependent children.

Payment of disability benefit was authorised from 17 March 1988 fourth day of incapacity at the weekly rate of £108.20, which was the maximum rate payable at that time to a married man with an adult dependant and four child dependants. Article 21 (1) of the Social Welfare (Consolidation) Act, 1981, provides that only one adult dependant allowance is payable to a disability benefit claimant.

33.

asked the Minister for Social Welfare when an oral appeal will be held in the case of a disability benefit claim for a person (details supplied) in County Mayo.

Payment of disability benefit to the person concerned was disallowed from 20 May 1988 following examination by a medical referee who expressed the opinion that he was 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 20 May 1988 following an oral hearing.

As he has been found capable of work by medical referees on two further occasions since then, no purpose would be served by submitting the case for a further oral hearing of the appeal unless new medical evidence was available which has not already been considered.

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