asked the Minister for Social Welfare whether the system of assessing applicants for smallholders' assistance on average and estimates of incomes rather than on strict factual criteria is an equitable and accurate method of determining means; and if he will make a statement on the matter.
Written Answers. - Social Welfare Benefits.
31.
Since 1983, when the notional method of assessment based on the rateable valuation of the holding was discontinued, the assessment of means of all smallholder applicants for unemployment assistance purposes is carried out on a factual basis.
The legislative basis for the calculation of means of smallholders is set out in legislation which provides in general that the yearly value of any advantage accruing to the claimant from the use of property — other than property personally used or enjoyed by the claimant, such as a dwelling — is assessable as means. Income from farming is assessed under this provision and is taken to be the yearly profits plus the value of farm produce consumed in the home. In arriving at the value of the advantage derived from a holding, the normal basis of calculation is an income and expenditure one; that is to say, the gross income from all the farming activities less all costs and expenses necessarily incurred in earning that income.
The investigation of the means of smallholder claimants is carried out by social welfare officers. The usual procedure is that, before visiting the claimant, the social welfare officer writes to him and lets him know when the visit will take place and what information is likely to be required. In this way, the claimant can prepare for the visit and have his facts and figures ready.
In the normal way, the report is based on the claimant's actual income and outgoings in the previous year. However, in making the assessment, due allowance is made for any unusual features in that year so that the means assessed reflect the normal situation. For instance, where the claimant had an abnormally high income from the sale of stock in the previous year, the assessment would be adjusted to reflect his normal income from this source. Similarly, a large amount spent on something which does not occur every year, such as fencing, would be averaged out to reflect the smallholders normal outgoing under that heading.
The social welfare officer makes out a report which includes full details relating to the smallholder's income and expenses. It is on the basis of this report that the deciding officer determines the claimant's means. A copy of the report is furnished to the claimant so that he is in a position to see exactly how the means assessment has been arrived at and to guide him in his appeal against the assessment if he is dissatisfied.
The method by which the means of smallholder claimants are calculated is fully in accordance with the legislative provisions.
34.
asked the Minister for Social Welfare if he will outline Government policy in relation to the payment of unemployment benefit or assistance to persons who wish to follow a course of study or training either in public or private educational or training facilities; and if he will make a statement on the matter.
It is a basic condition of the social welfare legislation that to be entitled to unemployment benefit or to unemployment assistance, a claimant must be unemployed, available for and genuinely seeking work. The question of whether a person who participates in an educational or training course fulfils these conditions is a matter for decision by a deciding officer who must decide whether the degree of participation is such as to remove the person from the labour market. In general full-time attendance at a school or training centre is not regarded as being consistent with being available for work. However, claimants who engage in part-time courses would normally be eligible to continue to receive their unemployment payments.
I am very conscious that education and training play a vital role in helping unemployed persons to improve their prospects, particularly in the case of those who left the school system early. I am anxious to ensure that there is the greatest flexibility within the current legislation to allow persons who are unemployed to attend education courses while still retaining entitlement to unemployment payments. Deputies will be aware of the provision I made in the 1989 Social Welfare Act to provide for the making of regulations which would enable unemployed persons who engage in certain activities to be deemed to satisfy the availability conditions for the purpose of receiving unemployment payments.
I was accordingly very pleased to be able to announce yesterday that I have now made regulations allowing certain long term unemployed people aged 21 years or over to take up full time educational courses while at the same time continuing to receive unemployment assistance. The courses covered by the regulations are those at second level and which lead to a certificate recognised by the Department of Education.
These opportunities will make second chance education a real option for unemployed people who want to improve their employment prospects. I am confident that this initiative will greatly assist those people who want to improve their educational attainments with a view to reentering the jobs market.
Earlier this year the vocational training opportunities scheme was launched to provide unemployed people with the option of doing leaving certificate courses at 12 designated VEC centres throughout the country. These new regulations will complement that scheme and provide nationwide opportunities for second chance education.
I am also examining the situation regarding participation of long term unemployed in third level and other courses. I expect to be in a position to announce details of pilot projects in the new year.
I will continue to seek out initiatives which will remove obstacles in the way of those who are unemployed by making it possible for them to make constructive use of their time while continuing to receive their unemployment payments.
36.
asked the Minister for Social Welfare, arising from his reply to Parliamentary Question No. 5 of 8 November 1989 in which he stated that disability benefit is essentially a short-term payment in respect of temporary incapacity for work, if his attention has been drawn to the fact that there is a large number of people in receipt of disability benefit for perhaps ten or 11 years; whether such persons are being discriminated against; whether he considers ten years as short term; if he will reconsider the request for inclusion in next year's budget; and if he will make a statement on the matter.
Disability benefit is paid in the first instance to persons who become incapable of work through incapacity but the legislation does permit suitably qualified persons to remain in receipt of such benefit indefinitely up to pension age. However, it is open to persons who satisfy the relevant conditions to switch after one year on disability benefit to invalidity pension. Not everyone who is qualified elects to do so. In essence, the disability benefit scheme is primarily intended to cater for illnesses in the short term and while it does remain as an option for those whose illnesses are prolonged, it is the invalidity pension that is the main provision for the long-term sick. Far from discriminating against those on long-term disability benefit, the position actually is quite the reverse in that the long-term ill have a choice of scheme under which to claim. Any person receiving disability benefit for over 12 months and who satisfies the conditions for invalidity pension could opt for that scheme and so open up access to payment of fuel allowance and other benefits.
In my earlier reply I mentioned that there is also provision under the supplementary welfare allowances scheme whereby assistance can be given where a person has exceptional heating needs by reason of ill health or infirmity. I am satisfied that this provision, the eligibility of invalidity pensioners under the national fuel scheme and the option open to most recipients of disability benefit to claim that pension ensure that the heating needs of the long-term ill are satisfactorily catered for.
37.
asked the Minister for Social Welfare the reason there has been a relaxation in the requirement that social welfare officers must notify applicants for unemployment assistance and smallholders' assistance in advance of the intention to call on the applicant; whether he will consider extending the regulation to other forms of social welfare; and if he will make a statement on the matter.
The instruction to social welfare officers to notify farmers applicants to unemployment assistance of intended visits has not been relaxed. It is still normal practice to notify them. However some flexibility has to be allowed in particular cases for operational reasons and to reduce delays and expense.
In the case of other applicants under the various social assistance schemes officers do send notices of proposed visits.
It is not proposed to issue instructions that all applicants to be visited be notified in advance. In his/her approach to investigating means, the social welfare officer, has to keep in mind the possibility of fraud or attempted fraud. She/he must therefore be allowed discretion in deciding whether or not it is prudent to notify visits in particular cases.