Dáil Éireann debate -
Tuesday, 22 Apr 1997

Vol. 478 No. 1

Written Answers. - Social Welfare Benefits.

Michael Ring

Question:

206 Mr. Ring asked the Minister for Social Welfare when a person (details supplied) in County Mayo will receive unemployment benefit in view of the fact that she is available for work and is unable to survive without this payment. [10417/97]

Minister for Social Welfare (Proinsias De Rossa)

The unemployment benefit claim of the person concerned was disallowed from 6 March 1997 on the ground that she was not available for work.

She appealed this decision and her appeal was received at the Social Welfare appeals officer on 21 March 1997. The case was referred to an appeals officer who has decided that an oral hearing is appropriate. The person will be advised of the exact date and venue as soon as arrangements have been completed.

In the meantime if the person concerned is suffering financial hardship, it is open to her to claim supplementary welfare allowance.

Ivor Callely

Question:

207 Mr. Callely asked the Minister for Social Welfare if his attention has been drawn to the concerns of a person (details supplied) in Dublin 3 in relation to certain aspects of his Department's handling of her social welfare entitlements; his understanding of this case; the investigations, if any, which have been undertaken to date in this regard; and if he will make a statement on the matter. [10418/97]

Minister for Social Welfare (Proinsias De Rossa)

The person concerned is currently in receipt of unemployment assistance at the maximum personal rate of £64.50 per week. She has been in receipt of unemployment assistance since 1 September 1991.

In February 1997 her case was referred for review to a Social Welfare inspector. She failed on a number of occasions to make herself available for pre-arranged notified interview. The purpose of this type of interview is to establish if the person continues to satisfy the statutory conditions for continued receipt of unemployment assistance.

When she failed to make herself available for interview or notify the Social Welfare local office of her reason for failing to do so her payment was suspended. However, she subsequently made herself available for interview and supplied certain information on the terms of which her payment was restored. She has applied for an adult dependant allowance in respect of her partner who, up to recently, was in receipt of unemployment assistance in his own right. She has been asked to furnish certain evidence in relation to his earnings so that the application can be decided.

She has also inquired about the back to work allowance scheme. Her entitlement under that scheme would depend on the rate of unemployment assistance to which she is entitled and, as soon as this is determined, her application for the allowance will be dealt with.

Michael Ring

Question:

208 Mr. Ring asked the Minister for Social Welfare when an oral hearing will be convened for a person (details supplied) in County Mayo in relation to her appeal for disability benefit in view of the fact that the delay is causing financial hardship. [10462/97]

Minister for Social Welfare (Proinsias De Rossa)

The unemployability supplement of the person concerned was disallowed from 6 December 1996 following an examination by a medical assessor who considered that she was no longer considered to be incapable of work as a result of her occupational injuries.

Her appeal was received at the Social Welfare appeals office on 18 December 1996 and arrangements were made to have her examined by another medical assessor. At the second medical examination on 11 March 1997 this medical assessor also considered that she was capable of work.

The case was referred to an appeals officer who has decided that an oral hearing is appropriate. The person will be advised of the exact date and venue as soon as arrangements have been completed.In the meantime if the person concerned is suffering financial hardship it is open to her to claim supplementary welfare allowance.

Michael Ring

Question:

209 Mr. Ring asked the Minister for Social Welfare the reason a social welfare benefit for persons (details supplied) in County Mayo has been withdrawn; and when it will be reinstated with back payments in view of the fact that there are six children in the family. [10464/97]

Minister for Social Welfare (Proinsias De Rossa)

The person concerned was in receipt of unemployment assistance from 30 March 1995. Following a review of her entitlement, a deciding officer assessed the means of the person concerned at £185 from 22 April 1996 and 197 from 6 April 1997. The means are derived from her spouse's self-employment. The assistance entitles her to payment of unemployment assistance at the reduced weekly rate of £5.10.

The person concerned has appealed this decision. Her case is being forwarded to the Social Welfare appeals office who will be in contact with her in the matter.

Michael Ring

Question:

210 Mr. Ring asked the Minister for Social Welfare when an oral hearing will be scheduled for a person (details supplied) in County Mayo in view of the fact that he is in financial hardship, he cannot manage on his current rate of benefit and he has been waiting since January 1997. [10467/97]

Minister for Social Welfare (Proinsias De Rossa)

The person concerned was in receipt of unemployment assistance up to 8 November 1996. An investigation of his circumstances indicated that he was working while in receipt of unemployment assistance and he signed off the live register on 11 November 1996. He has not claimed unemployment assistance since then. A revised decision was subsequently made to the effect that he was not unemployed during the period from 15 April 1996 to 5 November 1996 resulting in an overpayment of £4,251.44.

An appeal against the decision was received in the Social Welfare appeals office from the person concerned. The case was referred to an appeals officer who considered that an oral hearing is appropriate. This will be arranged as soon as possible.

Noel Ahern

Question:

211 Mr. N. Ahern asked the Minister for Social Welfare if he will have the case of a person (details supplied) re-examined in relation to his claim for unemployment assistance and rent allowance in view of the fact that he was denied unemployment assistance for eight months until the social welfare appeals office altered the decision, and in view of the fact that, in spite of having an agreement with his building society when he first sought rent allowance in August 1996, he was refused on the basis of the unemployment assistance refusal, which has resulted in a court demand for repossession; if an apology will be made to this person or any disciplinary action taken against officials at his Department for the undue suffering caused over several months in view of the fact that this person feels the treatment handed out to him was the cause, in part, of his illness and in view of the fact that his movements were investigated up to 17 February 1997, over a month after he signed off; and if rent allowance arrears for the period will be issued on strength of the social welfare appeals decision. [10591/97]

Minister for Social Welfare (Proinsias De Rossa)

The person concerned applied for unemployment assistance on 26 July 1996 and his case was referred to a Social Welfare inspector for investigation of this means.

In calculating means a Social Welfare inspector must estimate the income which an applicant may reasonably expect to receive during the succeeding year. The person concerned was requested to provide details of his income from self-employment as a carpenter and other details of his means. He did not do so at that time and on 10 September 1997 his application for unemployment assistance was disallowed on the basis that he had failed to show that his means were within the prescribed limit for entitlement.

On 4 October 1996 the person concerned provided details of his means to the Social Welfare inspector. His case was referred to a deciding officer who, on the basis of the evidence available to him, estimated that his income from self-employment in the succeeding year would be an average of £100 per week or £5,200 per annum. His application was accordingly disallowed on the grounds that his means exceeded the statutory limit.

On 24 November 1996 he appealed against the decision to the Social Welfare appeals office. He submitted medical certificates from 25 November 1996 until 15 January 1997. He did not have an entitlement to disability benefit and was paid supplementary welfare allowance at his local health centre until 11 January 1997.

An oral hearing of his appeal against the disallowance of unemployment assistance was held by the appeals officer on 18 February 1997. Having considered all of the evidence, including the medical evidence, the appeals officer decided that the earnings of the person concerned in the succeeding year from self-employment would be nil. Accordingly he allowed the appeal and awarded unemployment assistance at the maximum rate effective from 30 July 1996. Arrears in respect of the period from 30 July 1996 to 23 November 1996 have been issued.

In December 1996 the person concerned had also applied to the community welfare officer for mortgage interest supplement. I understand that he was requested to furnish documentation from the building society but failed to do so and his application could not be processed.

He commenced employment in January 1997 and he has not been the subject of any investigation by either the Social Welfare inspector or the community welfare officer since then.

If the person concerned wishes to pursue his claim for mortgage interest supplement for the period involved he should contact the Community Welfare Officer who will re-examine the case if the necessary documentation is supplied.

Based on the evidence available to me this case appears to have been dealt with at all stages in good faith. However, if the person concerned wishes to discuss any other aspect of his case he should contact the Department's regional manager at Finglas social welfare office.