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Dáil Éireann debate -
Tuesday, 12 Dec 1989

Vol. 394 No. 4

Written Answers. - Social Welfare Benefits.

170.

asked the Minister for Social Welfare the number of persons who are in receipt of supplementary welfare allowance as a result of losing their entitlement to disability benefit because of recent legislative changes in the contributions conditions.

171.

asked the Minister for Social Welfare the number of persons who have lost their entitlement to disability benefit as a result of recent legislative changes in the contributions conditions.

I propose to take Questions Nos. 170 and 171 together.

There is no information available as to the number of persons whose entitlement to disability benefit was affected as a result of legislative changes which took place in recent years. Persons who had already been paid for 52 weeks at the date of the changes, which concerned entitlement to benefit for longer than a year, were not affected by the new provisions.

The data on the operation of the supplementary welfare allowance scheme which is furnished to my Department by the health boards is not sufficiently detailed to enable me to supply the information requested by the Deputy.

172.

asked the Minister for Social Welfare if his attention has been drawn to the fact that an unemployed person who owns a second residence, which is let, suffers a reduction in his unemployment assistance payment by the new weekly value of the rent and also is disqualified from mortgage supplement on his principal private residence; and the basis on which the second penalty can be justified.

Section 146 (1) (a) of the Social Welfare Act, 1981, as amended, provides for the assessment in the prescribed manner of the yearly value of all property belonging to an applicant or his spouse (other than property which is personally used by either of them) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use.

In accordance with this provision, where an applicant to unemployment assistance owns a second residence, it is the capital value of the property which is taken into account in assessing his or her means therefrom and not whatever rent may be paid. In assessing its capital value, allowance is made in respect of any outstanding mortgage on the second residence.

The manner of assessment of the capital value of property is set out in Statutory Rules and Orders 34 of 1934 which prescribes that the value should be taken as 5 per cent of the first £400 of capital, and 10 per cent of any balance.

Under the provisions of the Supplementary Welfare Allowances Scheme a supplement in respect of rent or mortgage interest is payable to persons whose means are insufficient to meet their needs. The amount of supplement payable, if any, is at the discretion of the health board. Regulations provide that the rate of supplement shall be the amount by which the rent-mortgage interest exceeds £3.20 per week or such part of that amount as the health board considers reasonable in the circumstances. In general, the amount of weekly supplement paid is such that the claimant is left with a disposable income, after payment of rent-mortgage interest, which is equal to the appropriate basic supplementary welfare allowance rate less £3.20.

There is nothing in the legislation governing the supplementary welfare allowances scheme which specifically disqualifies a person who owns two residences from receiving a mortgage supplement. Each application for such supplementation is decided on its individual merits having regard to all the relevant circumstances.

If the Deputy is aware of any specific case where he feels that a second penalty has been imposed I will be happy to look into it on receipt of details.

173.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry who resides with four dependent children and who is in receipt of a widow's pension was refused a free fuel allowance.

To qualify for a free fuel allowance under the National Fuel scheme a person must, inter alia, be living entirely alone or only with certain categories of people such as dependent children. Children aged over 21 years are not regarded as dependants for free fuel purposes.

The information available to the Department is that the claimant's 22 year old daughter resides with her. She is therefore disqualified for receipt of a free fuel allowance.

In view of the Deputy's representations however, a Social Welfare Officer has been requested to visit her and report on the composition of her household. When this officer's report is received here entitlement to a free fuel allowance will be re-examined and she will be informed of the outcome without delay.

174.

asked the Minister for Social Welfare the reason for the delay in granting a widow's pension to a person (details supplied) in County Waterford.

An application for a widow's pension was received on 25 August 1989 from the person concerned. Before a widow's pension can be awarded, proof of the widow's date of birth is required. As she did not enclose her birth certificate with her application a letter was sent to her requesting same. The birth certificate was not received and a reminder was issued to her on 10 October 1989.

On receipt of her birth certificate she was awarded a widow's contributory pension at the reduced rate of £76.60 a week with effect from Friday 9 June 1989, the Friday following the death of her late husband. This was increased to £78.90 from Friday 28 July 1989. This is the appropriate rate of pension payable to a widow under 66 years with two qualified children and is based on her late husband's insurance record which yielded a yearly average of 31 contributions.

She has been notified of this decision and a pension order book containing orders from 6 October 1989 has issued to her. The arrears due will be issued by cheque shortly.

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