Vol. 423 No. 1
438 Mr. Durkan asked the Minister for Social Welfare when invalidity pension will be paid to a person (details supplied) in County Kildare whose own general practitioner determined her incapable of work, confirmation of which opinion given to the medical referee who examined this person on 7 September, 1992; and if he will make a statement on the matter having regard to the fact that she is attending the hospital on an ongoing basis.
The person concerned was in receipt of Disability Benefit from 12 December 1985 until 2 October 1992 when payment was disallowed by a Deciding Officer. This decision followed on an examination on 7 September 1992 by a Medical Referee who expressed the opinion that she was not incapable of work.
On receipt earlier this week in my Department of a letter from her doctor about her incapacity, her case was reviewed but it was decided that it did not warrant any change to the decision.
Representations made by the Deputy on 24 September 1992 were accepted as an appeal against the Deciding Officer's decision. Arising from her appeal arrangements are being made for her to be examined again on 27 October 1992 by another Medical Referee.
Her entitlement to Disability Benefit and to Invalidity Pension will be reviewed in the light of the outcome of this examination.
439 Mr. Yates asked the Minister for Social Welfare if his attention has been drawn to the acute hardship that will apply to part-time firemen working through local authorities who have been drawing unemployment assistance payments, as well as their income from the fire service, to date; if in view of the nature of their availability to be on call at all times, he will consider special measures to ensure that they can continue to receive a reasonable level of unemployment assistance payments; if he will meet a delegation representing such employees of the fire service to discuss the matter in detail; if he will defer the implementation of the provisions of the Social Welfare Act, 1992 in this regard, until such time as such deliberations have been concluded satisfactorily; and if he will make a statement on the matter.
The Social Welfare Act, 1992 provides for the assessment as means for Unemployment Assistance purposes of earnings from insurable employment. This provision came into effect from 29 July 1992.
The basis for the change in legislation was firstly, to ensure equity of treatment between employees and self-employed persons claiming Unemployment Assistance. Self-employed claimants have always had their earnings assessed as means. A person claiming Unemployment Assistance who had part-time or casual employment was not assessed with any income arising from that employment up to this year. He could work for a few days in a week and qualify for Unemployment Assistance for the remaining days, regardless of earnings for the days worked. In addition the change takes account of the extension of insurance cover to all employees earnings over £25 per week with resulting wider entitlement to Unemployment Benefit.
