Vol. 474 No. 6
219 Mrs. O'Rourke asked the Minister for Social Welfare if he will request the relevant health board to review the circumstances of a person (details supplied) in County Laois who has difficulty in managing to live on a very limited income and in difficult circumstances. [3501/97]
The purpose of the supplementary welfare allowance (SWA) scheme is to provide a basic weekly payment of people who have little or no income. Apart from those categories specifically excluded by the legislation-people in full-time work, people in full-time education and people involved in trade disputes — any person living in the State who satisfies a means test and who has applied for any other benefit, assistance or allowance to which they may be entitled may be eligible to receive assistance under the SWA scheme.
The person referred to by the Deputy is in receipt of the maximum rate of deserted wife's benefit which is greater than the basic SWA rate and therefore she has no entitlement to a basic SWA payment. She is also in receipt of a fuel allowance.
As the claimant is living in local authority housing, she is debarred from receiving rent supplement under the legislation. Provision in relation to the payment of exceptional needs payments (ENPs) is contained in section 181 of the Social Welfare (Consolidation) Act, 1993, which states that "a health board may, in any case where it considers it reasonable, having regard to all the circumstances of the case, so to do, determine that supplementary welfare allowance shall be paid to a person by way of a single payment to meet an exceptional need".
The purpose of ENPs is to help prevent hardship by providing for essential, once-off, exceptional expenditure which applicants could not reasonably be expected to meet out of their weekly income. There is not an automatic right of entitlement to the ENP and my Department has no role in determining individual entitlement.
The person referred to by the Deputy has applied for and received two ENPs in the last month, totalling £88.00. Should this person have further essential and exceptional expenditure, it is open to her to claim assistance by contacting the Midland Health Board who will make a decision on entitlement based on the legislation and the circumstances involved. If dissatisfied with the community welfare officer's decision she can appeal to the appeals officer in the Midland Health Board.
220 Mr. J. Walsh asked the Minister for Social Welfare when regulations where two personal rates are to be paid to couples where one is receiving disability allowance and the other either invalidity pension or old age pension will be introduced. [3538/97]
Provision for the payment of two personal rates to couples where one of a couple is in receipt of disability allowance and the other is in receipt of either invalidity pension or old age pension will be contained in the Social Welfare Bill, 1997, which I expect to be in a position to publish later this month. It will be effective from the date on which the Bill is enacted.
221 Mr. E. Byrne asked the Minister for Social Welfare if he will investigate the case of a person (details supplied) in County Cork who has been awarded deserted wife's benefit backdated to August 1996 and who is also in receipt of a rent allowance from the community welfare officer of the Southern Health Board. [3573/97]
Under the provisions of the supplementary welfare allowance (SWA) scheme, a weekly supplement may be paid in respect of rent or mortgage interest to people in receipt of social welfare or health board payments. Entitlement to a supplement is determined by the health boards and my Department has no role in determining individual entitlement.
In assessing a person's entitlement to a rent supplement, all cash income must be taken into account in order to determine eligibility and the rate of supplement to be awarded.
Supplements are normally calculated to ensure that the person, after payment of rent or mortgage interest, has an income equal to the rate of SWA appropriate to the family circumstances, less £6. This £6 represents the minimum contribution which clients are required to pay from their own resources towards their accommodation costs.
The SWA rate for an adult and two children is £88.80. All cash income in excess of this amount is calculated as means when determining entitlement to a rent supplement. This amount is then added to the £6 minimum contribution and deducted from the amount of rent payable. Any increase received in social welfare payments will therefore result in a decrease of rent supplement.
The legislation also enables the Minister to make regulations prescribing the circumstances and conditions under which a supplement may be paid, the class or classes of persons to whom a supplement may be paid and the amount of supplement that may be paid, and this has been done in SI 382 (Social Welfare (Consolidated SWA) Regs.) of 1995.
Article 9 (2) (g) (iii) of the regulations requires the health board to be satisfied, in deciding entitlement to a rent supplement, that the rent payable by the applicant "is just and proper having regard to the nature, character and location of the residence".
In order to comply with this legislative provision, each health board is required to set reasonable maximum rent levels in respect of the various classes of persons, as a basis for calculating the amount of rent supplement payable.
The person concerned has been awarded deserted wife's benefit (DWB) of £67.00 plus child dependant allowance (CDA) of £34.00 in respect of her two children, giving her a total weekly income of £101.00.
|
DWB |
67.00 |
|
CDA |
34.00 |
|
Total income |
101.00 |
|
Less |
|
|
SWA rate |
–88.00 |
|
Excess |
12.20 |
|
Plus: |
|
|
Min. Cont. |
6.00 |
|
Total Means |
18.20 |
|
Rent (maximum level) |
80.00 |
|
Less: Means |
18.20 |
|
Rent Supplement |
62.60 |
