Vol. 419 No. 9
168 Mr. Finucane asked the Minister for Social Welfare if he will outline the eligibility of a person (details supplied) in County Limerick who is on the self-employed pension scheme; if he will further outline his full entitlements on reaching pension age shortly; and whether there is a refund involved for those who would not have the recognised ten years' contributions.
All self-employed persons over 16 years of age with reckonable income or reckonable emoluments of £2,500 or more per annum are self-employed contributors and are liable for payment of class S social insurance contributions.
PRSI contributions payable by self-employed people give entitlement to Old Age Contributory Pension, Widow's and Orphan's Contribution Pensions. In general, 3 years' contributions are required to establish entitlement to Widow's Contributory Pension while for Old Age Pension purposes the person must have entered social insurance before reaching 56 years of age.
169 Mr. Finucane asked the Minister for Social Welfare if he will outline the status of a person (details supplied) in County Limerick who is eligible for the self employment pension scheme and who has been deemed by the Inspector of Taxes as not being eligible to pay tax since the introduction of the scheme as the applicant has made the appropriate payment when requested; and if he will make a statement on the matter.
All self-employed persons over 16 years of age with reckonable income or reckonable emoluments of £2,500 or more per annum are self-employed contributors and are liable for payment of Class S social insurance contributions.
On the basis of his income in the 1988-89 income tax year, the person concerned had a liability under the scheme and paid the required PRSI due for that year. However, in the following two years his income fell below the prescribed figure and he had no liability to pay PRSI in respect of those years. If and when his income again exceeds the prescribed figure the local Inspector of Taxes will assess his liability and collect any PRSI due.
The person concerned cannot be admitted as a voluntary contributory until he has a further two years contributions paid.
170 Mr. J. Mitchell asked the Minister for Social Welfare if his attention has been drawn to the acute dilemma experienced by social insurance contributors out sick from work and claiming either disability benefit or occupational injury benefit when the medical referee declares them fit for work in contradiction to their own doctor who continues to refuse to certify them fit and issues a final certificate thereby leaving them both unable to receive their social welfare entitlements; if his attention has further been drawn to the fact that frequently the medical referee's decision is at variance with the view of not only the GP but also the relevant company doctor and the hospital specialist as in the case of a person (details supplied) in Dublin 7; and if in this case he will outline the further recourse the person has, being without income for five months.
The person concerned claimed Injury Benefit under the Occupational Injuries scheme in respect of an accident at work on 2 October 1991.
Following investigations, Injury Benefit was allowed from 5 October 1991, the fourth day of incapacity.
The claimant was examined by a Medical Referee on 16 December 1991 and it was considered that she was not incapable of work. Injury Benefit was disallowed from 27 December 1991.
Claims to benefit are determined by Deciding Officers whose decisions may be appealed to the Social Welfare Appeals Office.
Following receipt of notice of intention to appeal against the decision, the claimant was again examined by a different Medical Referee on 23 April 1992. The examination confirmed the opinion that she was capable of work.
The claimant's medical certifier was notified of the examinations in accordance with the standard practice and there is no record of the receipt of additional evidence such as a report of a hospital specialist or a company doctor.
