Vol. 395 No. 6
143 Mr. Cosgrave asked the Minister for Social Welfare , in view of the special circumstances surrounding an old age pension overpayment made to a person (details supplied) in Dublin 13, if he will waive the overpayment on compassionate grounds or make special arrangements with the family concerned to pay back same thus ensuring that no undue hardship will arise in this case.
Following a reinvestigation of the means of the person concerned in February 1989, it was discovered that he had failed to disclose the full extent of his means during the original assessment of his case in April 1981. The person concerned admitted to the concealment of a substantial sum of money in order to qualify for pension.
As a result of this new evidence, it was decided that he is entitled to an old age non-contributory pension at a reduced rate of £30 per week. This decision was upheld by an appeals officer on 14 September 1989. An overpayment of £6,774 has been assessed against him for the period 10 April 1981 to 28 April 1989.
My Department is currently reviewing options for recovery of the overpayment in question and will be in contact with the person concerned shortly to discuss arrangements with a view to avoiding undue hardship.
144 Mr. Gregory asked the Minister for Social Welfare if there are instances where persons in receipt of social welfare benefit suffer a reduction in rent allowance as a result of budget increases in their payments; if he will review this with a view to offsetting the reductions; and if he will make a statement on the matter.
Under existing regulations, weekly rent supplements may be paid by the health boards under the supplementary welfare allowance scheme where the rent exceeds £3.20 per week. The amount payable is determined by the health board having regard to the circumstances, but as a general guideline, a person will not be left with an after-rent income below the basic rate of supplementary welfare allowance less £3.20.
145 Mr. O'Dea asked the Minister for Social Welfare when a free fuel allowance will be granted to a person (details supplied) in Limerick; and if he will pay arrears from 30 November 1989.
The person concerned has been awarded a free fuel allowance with effect from 8 December 1989. This is the date from which her widow's pension became payable. Her late husband, who died on 20 October 1989, had been in receipt of a retirement pension, which included a free fuel allowance. She continued to receive this pension and the allowance in question for a period of six weeks after his death up to and including 6 December 1989.
A free fuel allowance book containing orders from 19 January 1990 has been issued. Arrears from 8 December to 18 January will also be issued to her shortly.
146 Mr. O'Dea asked the Minister for Social Welfare if he will change the regulations to the disablement pension which will enable recipients of disablement pension whose disablement is assessed at more than 20 per cent to take a gratuity in exchange for their disablement pension in cases of exceptional hardship.
Disablement benefit is a long-term benefit payable under my Department's occupational injuries scheme and is normally paid after injury benefit has ceased to be payable. Payment is made in respect of the assessed loss of faculty, either physical or mental, resulting from occupational accidents or prescribed diseases and the level of payment varies with the percentage loss of faculty involved.
147 Mr. Ellis asked the Minister for Social Welfare the present position regarding the appeal of a person (details supplied) in County Leitrim against the classification of her contributions.
This case, which was held as an oral hearing, was heard on 23 January 1990 and the appeals officer is expected to make his decision in the near future. The appeal of the person concerned was deferred at the request of her solicitors in October 1989.
When a decision has been made the Deputy will be advised of the outcome.
148 Mr. Ellis asked the Minister for Social Welfare when the unemployment assistance appeal of a person (details supplied) in County Leitrim will be heard.
Following investigation, the person concerned was assessed with means derived from half the net yearly value of the farm on which he resides with his mother and from a small amount of capital.
The means assessed exceed £47, being the maximum weekly rate payable in his case, and accordingly he is not entitled to payment of unemployment assistance.
149 Mr. E. O'Keeffe asked the Minister for Social Welfare if he will reconsider an application for a free fuel allowance made by a person (details supplied) in County Cork.
In order to qualify for the free fuel allowance a person must satisfy certain conditions, one of which requires that the applicant should be unable to provide for his own heating needs. This requirement would debar a person from receiving the allowance where his own heating needs are provided for under the provisions of a deed of transfer.
In accordance with the provisions of the deed of transfer agreed to by the person concerned and his son on 12 September 1988, the latter has undertaken to support and maintain his parents during their lifetime. Consequently, the person concerned was not awarded a free fuel allowance.
In view of the information supplied by the Deputy that the son is unable to comply with the terms of the deed of transfer, his father's claim for free fuel allowance is being reviewed. The person concerned will be advised shortly of the outcome of this review.
150 Mr. O'Donoghue asked the Minister for Social Welfare when a person (details supplied) in County Kerry will receive payment of unemployment benefit.
In order to qualify for unemployment benefit a claimant must satisfy the following contribution conditions:
(a) have contributions paid at the appropriate rate in respect of not less than 39 weeks of insurable employment since the date of entry into insurance, and
151 Mr. Deenihan asked the Minister for Social Welfare the up-to-date position regarding the appeal of a person (details supplied) in County Kerry against the decision to disallow unemployment assistance.
The unemployment assistance claim of the person concerned was disallowed on 15 November 1989 on the grounds that he did not satisfy the statutory condition of genuinely seeking work. He appealed the disallowance and attended an oral appeal hearing on 13 December 1989. The appeals officer also disallowed his claim on the same basis.
He was notified of the outcome of the appeal by post on 15 December 1989. On 2 January 1990 when he called to the local office in Tralee, he was advised that it was open to him to reapply for unemployment assistance, which he did. His claim of 2 January 1990 will be decided when he has replied to certain questions that have been put to him in connection with his efforts to find work.
152 Mr. Flanagan asked the Minister for Social Welfare the reason a person (details supplied) in County Laois who is in receipt of deserted wife's allowance has been refused a widow's pension, notwithstanding the fact that her husband died in 1985; and if he will make a statement on the matter.
The person concerned was refused a widow's pension in 1987 on the ground that she was not the legal wife of the deceased. Her husband had been domiciled in the United Kingdom and they were divorced there in 1981. The legal advice available to the Department is that this divorce is recognised in Ireland.
The person concerned continues to receive a deserted wife's benefit at the same rate of payment as she would receive if awarded a widow's pension. There is no provision under the deserted wife's scheme for termination of benefit on the death of a deserting husband, except where a widow's pension becomes payable.
