Bernard J. Durkan
Question:406 Mr. Durkan asked the Minister for Social, Community and Family Affairs when disability benefit will be paid to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14761/97]
Written Answers - Social Welfare Benefits.
The person concerned was in receipt of disability benefit from 8 June 1995. Payment was disallowed by a deciding officer from 21 December 1995 following an examination by a medical assessor who considered that she was capable of work.
In the context of her appeal against this decision she was examined by another medical assessor who was also of the opinion that she was capable of work.
Following an oral hearing of her appeal on 2 September 1996 an appeals officer of the Social Welfare Office decided that she was not incapable of work within the meaning of the Social Welfare Acts and disallowed her appeal.
In June 1997 further medical evidence was submitted on behalf of the person concerned which has been considered by the appeals officer and the Department's chief medical adviser. The appeals officer has decided that this additional information would not warrant a revision of his earlier decision.
Bernard J. Durkan
Question:407 Mr. Durkan asked the Minister for Social, Community and Family Affairs when a one parent family payment will be made to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14766/97]
The person concerned applied for deserted wife's benefit in October 1996. Her application was disallowed as the social insurance contribution condition was not satisfied.
Her entitlement to a lone parent's allowance was subsequently examined. One of the conditions for receipt of this allowance is that the claimant must make and continue to make reasonable efforts to prevail upon her husband to contribute to the support and maintenance of herself and her children. This is based on the underlying principle, set out clearly in social welfare legislation, that the primary obligation lies with spouses to maintain each other and their children.
In November 1996 the person concerned was requested by the Department to make appropriate efforts to get adequate maintenance from her husband through the District Court under Family Law. Again in March, May and August of 1997, she was asked to provide evidence that she was seeking maintenance from her spouse through the courts. During this period, the Department became aware that her husband had agreed to pay her informal maintenance of £ 20 per week. However, the deciding officer considers that this would not be adequate maintenance in the circumstances.
The person concerned indicated on 5 September 1997 that she intended to initiate court proceedings for maintenance from her husband. A decision will be made on her entitlements as soon as the Department receives confirmation from her of this action.