Vol. 413 No. 3
55 Mr. Stagg asked the Minister for Social Welfare his views on whether persons on appeal or assessment for various social welfare payments require the services of professional assistance to deal adequately with their cases; if he will facilitate the provision of free legal or professional representation for such persons; and if he will make a statement on the matter.
Appeals against the decisions under the social welfare system are dealt with by the social welfare appeals office which is an independent office established in September 1990.
The social welfare appeals office receives approximately 18,000 appeals each year of which about half are dealt with as oral hearings. An important feature of the appeals system is that oral hearings are kept as simple and as informal as possible. For that reason, appellants may bring along to the oral hearing any bona fide person with a genuine interest in the case to speak on their behalf. In the normal course that would include solicitors, accountants, trade union officials, public representatives or doctors.
56 Mr. Ellis asked the Minister for Social Welfare if he has investigated the claim regarding the uncredited contributions for pension purposes of a person (details supplied) in County Leitrim, who is an applicant for an old age contributory pension.
An application for retirement pension was received from the person concerned in May 1990. This was refused in July 1990 as he failed to satisfy the contribution conditions of the scheme — his yearly average of 17 contributions from 1955 to 1990 was too low.
In order to qualify for minimum rate retirement pension, a person must have a yearly average of at least 24 contributions. To qualify for an old age contributory pension a person must have a yearly average of at least 20 contributions. There is no record of contributions paid in respect of the person concerned for the year 1957 and from 1959 to 1975 and this accounts for the low yearly average in his case.
The person concerned subsequently provided additional information regarding the period 1954 to 1958. However, following extensive investigations by the social welfare officer earlier this year it was determined that the person concerned was not in insurable employment during this period.
The person concerned may be entitled to an old age non-contributory pension. In this regard, an application form for this pension was issued to him recently. As soon as this is completed and returned to my Department, his entitlement will be examined and he will be notified of the outcome as soon as possible.
58 Mr. Durkan asked the Minister for Social Welfare the reason that full benefits of pension schemes are not payable to the next of kin in the event of death of a single person contributing to a pension fund; and if he will make a statement on the matter.
The benefits payable under an occupational pension scheme in the event of a member's death while in service are determined by the provisions made in the rules of each scheme.
With the exception of public sector pension schemes the State plays no part in deciding on the rules and benefit provisions of occupational pension schemes. These are entirely a matter for the members and their employers.
The vast majority of pension schemes make some provision for the death in service of a member. This mainly comprises of a lump sum payment expressed as a multiple of the deceased member's salary and, in addition, may include a pension payable to the deceased member's spouse or dependant. It is normal practice in the case of a single member for the lump sum benefit to be paid to the deceased member's estate. However, in many schemes payment of the pension element is conditional on the deceased member having been married.
60 Mr. Durkan asked the Minister for Social Welfare the correct rate of carer's allowance payable to a person (details supplied) in County Kildare.
The person concerned was awarded a carer's allowance of £12 per week with effect from 1 August 1991 — the date her application was received in my Department. This is the correct rate for a person with two dependent children whose means are £51.97 per week, based on her husband's income.
61 Mr. Durkan asked the Minister for Social Welfare whether recipients of unemployment assistance and unemployment benefit in Castledermot, County Kildare could be paid on Thursday instead of Friday; and if he will make a statement on the matter.
Claimants in receipt of unemployment benefit and assistance in the Castledermot area have their claims dealt with on a postal basis from the social welfare services office in Carlow.
They attend the local Garda station on Tuesday to have their vouchers certified. The vouchers are then returned to the office in Carlow for processing before issuing to the claimants on Thursday for encashment at their nominated post office on Friday. This is the standard arrangement countrywide for postal claiments.
An Post have assured my Department that all vouchers for Castledermot are delivered by lunchtime on Friday, thereby enabling Castledermot claimants to receive payment on that day. In view of this I see no need at present to introduce Thursday payment for Castledermot clients.
