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Dáil Éireann debate -
Thursday, 12 Jul 1990

Vol. 401 No. 6

Written Answers. - Social Welfare Benefit.

Gerard Brady

Question:

145 Mr. G. Brady asked the Minister for Social Welfare when a person (details supplied) in Dublin 6 will receive payment of disability benefit arrears.

In November 1989 the person concerned changed his address without notifying my Department and on 15 May 1990 he claimed that he had not received his weekly cheques from 27 November 1989 to 3 March 1990. His claim began in 1986.

It has been confirmed that three cheques dated 27 November, 4 December and 26 February were cashed by the person concerned.

Two cheques for 2 January and 15 January have not yet been cashed and replacements issued on 11 July 1990.

The remaining eight cheques have been cashed. However, it is not known who cashed them. Investigations are continuing and forms of indemnity were issued to the person concerned on 3 July 1990. When these forms are returned to my Department the matter will be reviewed.

John Ellis

Question:

146 Mr. Ellis asked the Minister for Social Welfare the reason receipts for expenditure were not acceptable in the unemployment assistance assessment of a person (details supplied) in County Leitrim; and if he will make a statement on the matter.

Following investigation a deciding officer assessed the means of the person concerned at £12,011.50 a year from 15 December 1989. His means are derived from the net yearly value of his holding, £12,000, and from capital, £11.50. All receipts for expenses produced by the person concerned were available for the consideration of the deciding officer in arriving at his decision. In making assessments of means, deciding officers allow the ordinary expenses which would be necessarily incurred in earning the income to the extent that these appear reasonable having regard to the circumstances of the case.

The means assessment exceeded the statutory limit of £7,540 for receipt of a qualification certificate in his case. Accordingly, he was not entitled to payment of unemployment assistance.

A form to enable him to appeal against the means assessment was issued to him on 3 July 1990. On receipt of the completed form in his local office, his case will be referred to an appeals officer for determination and he will be informed of the outcome without delay.

John Ellis

Question:

147 Mr. Ellis asked the Minister for Social Welfare the reason means are not accepted by social welfare officers and appeals officers in the assessment of farmers for unemployment assistance.

In the case of farmers, the means assessed in relation to their holdings are based on the normal income from the farm less any expenses actually and necessarily incurred in earning that income. The usual basis of the calculation is the net income from the farm over the twelve months preceding the date of the investigation.

In general, means can be readily established on information supplied by the applicant. In some cases there can be evident disparities between the household circumstances and information initially supplied. Difficulties can also arise where the person's bank transactions are not compatible with the reported turnover or activity. In such cases additional inquiries have to be made. This situation applies to all persons with income from self-employment.

The statutory provisions governing the application for a qualification certificate oblige applicants to provide any information required to enable their applications to be determined. In this regard a social welfare officer may seek further information where the officer is not satisfied that the facts presented represent the true position in a particular case. Likewise an appeals officer may decide it is necessary to seek clarification of certain aspects of an assessment or to request a social welfare officer to obtain additional information from a claimant so that the relevant appeal can be determined.

John Ellis

Question:

148 Mr. Ellis asked the Minister for Social Welfare when a decision will be made on the old age pension appeal of a person (details supplied) in County Leitrim; in view of the fact that it has been with his Department since 27 June 1990.

The appeal of the person concerned was forwarded to an appeals officer on 27 June 1990. That officer has requested the comments of the social welfare officer on the statement of appeal.

The person concerned will be notified of the outcome of his appeal as soon as possible.

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