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Dáil Éireann debate -
Tuesday, 31 Mar 1992

Vol. 417 No. 9

Written Answers. - Social Welfare Benefits.

Dermot Ahern

Question:

321 Mr. D. Ahern asked the Minister for Social Welfare the reason a person (details supplied) in County Louth has had her disability benefit payment suspended from 30 December 1991 until 5 February 1992 because of non-attendance at a medical examination on 5 December 1991 even though she has submitted a doctor's note confirming her inability to attend because of her medical condition at that time; and if he will make a statement on the matter.

The person concerned was in receipt of disability benefit since 4 October 1988. Payment of benefit was suspended from 30 December 1991 as she had failed to attend for a medical examination on three occasions, viz 30 May 1991, 25 September 1991 and 5 December 1991. She was examined by a medical referee on 6 February 1991 who expressed the opinion that she was capable of work.

Taking into account both this result and her failure to attend three previous examination, the deciding officer decided that she was not incapable of work from 30 December 1991. Accordingly, she is not entitled to disability benefit from that date. Previous representations from the Deputy, received on 27 February 1992, were accepted as an appeal by her against her disallowance of benefit and a further medical examination by a different medical referee has been arranged for 16 April 1992.

When the result of this examination is to hand her entitlement to disability benefit, including the period from 30 December 1991, will be reviewed.

John Bruton

Question:

322 Mr. J. Bruton asked the Minister for Social Welfare if he will outline the proportion of the cases of payment of deserted wife's payments and supplementary welfare allowances to deserted spouses, where the deserting spouse is making a contribution towards these payments in accordance with the provisions made in the Social Welfare Act, 1989 for such contributions.

The liability to maintain family provisions contained in the Social Welfare Act, 1989 were commenced on 29 November 1990.

Since then, a total of 952 cases have been assessed or are in the process of being investigated. The identification of these 952 cases involved a first phase elimination of almost 5,000 other cases, where it is now established that liability does not exist. Seven liable relatives have started to make a contribution towards their spouses' deserted wife's benefit or allowance or lone parent allowance. Currently there are 19,051 claimants receiving a deserted wife's payment or lone parent (separated spouses) allowance from my Department.

Legal proceedings are being considered in a number of cases that have failed to comply. As data is built up the level of success will rise quickly. In addition, the move towards the unique RSI number for every adult will make identification of deserting spouses easier and more effective. The work done so far shows that cases fall into three main categories. The first two are cases where a liability on the spouse either does not arise or cannot be pursued. These relate to cases where the spouse is either on social welfare payments or cannot be traced generally because of having gone abroad. The Department's main ongoing action will, therefore, be limited to the remaining category who have a possible liability which may be capable of being pursued.

Statistics are not available from either the health boards or my Department of the total number of liable relatives who are making contributions towards payments of supplementary welfare allowance to deserted or separated spouses. Accordingly, it is not possible to say what proportion of supplementary welfare allowance payments to deserted spouses are being offset by contributions to health boards from liable relatives.

The 1992 Social Welfare Bill widens the scope of the liability to maintain family provisions and strengthens powers of collection and enforcement. My Department are also applying more stringent income assessment procedures in determining the ability of liable relatives to pay regular contributions. I expect that this combination of measures will increase substantially the number of liable relatives making a contribution towards social welfare support of deserted spouses, lone parents and their children.
The approach to date has involved a considerable amount of groundwork and research to establish the most effective approaches. This has allowed the issue of spouses' liability to be brought home to those concerned in a selective way. It allows potential contributors to consider the better alternatives to the enforced system which is now being imposed. It is felt that this approach will have a positive and ongoing deterrent effect.

John Bruton

Question:

323 Mr. J. Bruton asked the Minister for Social Welfare the approximate annual cost of the proposed reduction from 39 to 13 of the number of paid contributions required to qualify for disability benefit.

At present, applicants for disability benefit are required to have paid at least 39 PRSI contributions at any time. There are no proposals to change this condition.

In addition claimants are required to have a minimum of 39 contributions paid or credited in the governing contribution year. The Social Welfare Bill provides for the additional condition that, with some exceptions, a minimum of 13 of those contributions will have to have been paid contributions. This change will bring about a saving in disability benefit expenditure.

Richard Bruton

Question:

324 Mr. R. Bruton asked the Minister for Social Welfare if he will reconsider the policy applied in respect of rent supplement under supplementary welfare allowance, whereby property rented from a parent does not qualify for a supplement, in view of the injustice created in the case of a person (details supplied) in Dublin 9.

Under the provisions of the supplementary welfare allowance scheme the determination of applications for rent supplement is a matter for the health board subject to general policy guidelines issued by my Department.

In general it is the practice not to pay rent supplements in respect of accommodation rented from parents. A supplement is not being paid in this case because the applicant is the daughter of the landlord.

The general practice of refusing rent supplements in such cases will be examined in the context of the review of the guidelines on rent supplementation which is currently being carried out in my Department.

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