Dáil Éireann debate -
Wednesday, 13 Oct 1993

Vol. 434 No. 5

Written Answers. - Social Welfare Benefits.

Bernard Allen

Question:

52 Mr. Allen asked the Minister for Social Welfare if he will make a statement on the case of a person (details supplied) in County Cork who was cut off unemployability supplement even though at the time she could only walk with the help of a walking aid, her serious medical condition was fully certified by her doctor, and her first appeal was cancelled at short notice when she was in medical referee's waiting room and he refused to see her; if he will give the reason she was called for two further medical examinations despite her very ill condition; and if he will take disciplinary action against the medical referee who refused to see the person in this case.

Minister for Social Welfare (Dr. Woods)

This case contains certain complex issues and goes back over a number of years involving payments of disability benefit, disablement benefit and unemployment supplement.

As is the normal practice in cases of this nature, the person concerned was called for examination by the Department's medical referees to ensure that she continued to be entitled to payment and at the degree of disablement with which she had earlier been assessed.

She has disagreed with and appealed against the degree of disablement assessed by the medical referee. This resulted in her being called for further medical examinations following normal practice.

There was considerable publicity arising from an earlier medical referee examination of the person concerned and a medical referee who was due to have examined her decided that it would be inappropriate for him to conduct the examination in the particular circumstances. This decision was taken in good faith in the interest of the client.

The present position is that the person's entitlement to unemployment supplement and to disablement benefit have been provisonally restored with effect from 4 June 1993. The case is still on appeal and further medical evidence has been sought.

There are other factors in this case and I am having a complete review made by the Department's chief decisions advisory officer of the person's entitlement back to 1990 to ensure that she has been paid all her entitlements. I will communicate with the Deputy as soon as the review has been completed.

Andrew Boylan

Question:

53 Mr. Boylan asked the Minister for Social Welfare if his attention has been drawn to the large number of disability benefit recipients whose children do not qualify as dependants on reaching 18 years and still attending school; his views on whether this is unreasonable given the cost of education; if his attention has been further drawn to the fact that because of this system many leaving certificate students are forced to leave school; the plans, if any, he has for alternative finance in such cases; and if he will make a statement on the matter.

Minister for Social Welfare (Dr. Woods)

Over a number of years I have progressively increased the age limit for payment of child dependant allowances to long term social welfare recipients where the child remains in full-time education. In the case of invalidity pension and other long term payments, such allowances can now be paid up to the age of 21. In the case of short term payments such as disability benefit, child dependant allowances are paid up to the age of 18. Any extension of this age limit, or any alternative scheme of finance for the people concerned, would have financial implications and could only be considered in a budgetary context having regard to available resources.

Michael P. Kitt

Question:

54 Mr. M. Kitt asked the Minister for Social Welfare if he has received a submission from the Widow's Association that the widow's contributory pension be paid, in the case of self-employed people including farmers where the full three years PRSI has been paid in advance, or in the case of sudden death and that the extra contributions could be made afterwards to qualify for this pension.

Minister for Social Welfare (Dr. Woods)

I have received submissions on a number of issues, including the matter raised by the Deputy, from the national association of widows.

Self-employed people, including farmers, became insured under the social insurance system with effect from 6 April 1988, the commencement of the 1988-89 contribution year. Contributions at the Class S rate are payable by this group and provide cover for old age, contributory and widow's and orphan's pensions.

One of the conditions to qualify for a widow's contributory pension is that contributions must have been paid in respect of at least 156 contribution weeks between the late husband's date of entry into insurance and the date of his death. This condition applies to all workers paying the rate appropriate for widow's contributory pension, as well as the self-employed. In the case of employees, contributions are deducted on a weekly basis, but in the case of the self-employed the amount due and payable is collected on a yearly basis and can be collected in advance for the full year up to the following April.

If there was a liability to contribute before a person died the contributions due could be accepted after the person's death and entitlement to a widow's pension granted on the basis of such contributions.

However, under the social welfare legislation it is clear that contributions cannot be allowed in relation to any period after the death of a contributor. Any changes in this area, such as allowing extra contributions to be made afterwards to qualify for the widow's contributory pension, would have to be applied to all contributors and would have major budgetary implications.