Vol. 512 No. 3
273 Mr. Allen asked the Minister for Social, Community and Family Affairs if he will reconsider the situation whereby community employment scheme workers, whose employment was terminated, are refused a fuel allowance and a Christmas bonus when they return to the social welfare system. [25850/99]
Following on the extension of class A PRSI to community employment – CE – workers in 1996, the position is that CE workers are treated in the same way as other class A workers in so far as social insurance entitlements are concerned.
CE workers who revert to the live register after completing a period on a CE scheme may, therefore, by virtue of having paid class A PRSI contributions, qualify or re-qualify for unemployment benefit rather than reverting to long-term unemployment assistance. As a consequence, they are not entitled to the social welfare secondary benefits which are payable only with long-term welfare payments.
In the case of persons who qualify or re-qualify for unemployment benefit their earnings in the relevant tax year will determine whether or not they receive a graduated rate or the full rate of unemployment benefit. Persons entitled to a reduced or graduated rate of unemployment benefit are entitled to claim unemployment assistance if it is more beneficial to them. However, long-term unemployment assistance is not payable where the claimant is entitled to full rate unemployment benefit.
I am not in a position to introduce special concessionary arrangements for CE workers who qualify for unemployment benefit without having equal regard to the position of other short-term social welfare payment recipients. Any such concessions could only be considered in light of available resources and in the light of other priorities.
274 Mr. Ring asked the Minister for Social, Community and Family Affairs the calculation derived from a yearly value of a holding for a person (details supplied) in County Mayo whose pre-retirement appeal was recently disallowed. [25860/99]
Following an examination of his entitlement the person concerned was assessed with weekly means of £13.08. The assessment was based on the yearly income from his farm holding which was assessed at £230 based on the letting value of this holding and the value attributable to a British retirement pension payable to his spouse which had not previously been notified to the Department. Based on this assessment the pre-retirement allowance in payment to the person concerned was reduced from £71.50 to £61.50 per week.
He appealed this decision to the social welfare appeals office. The case was referred to an appeals officer who decided that the assessment was in accordance with the statutory provisions. His appeal was accordingly disallowed and he was notified of this decision.
275 Mr. Allen asked the Minister for Social, Community and Family Affairs if a situation will be investigated where a person (details supplied) in County Cork was awarded a pension on 22 October 1969 from 25 April 1969 when in fact she should gave been entitled to it from the date her husband died in 1952; if her case will be reviewed in view of the fact that in 1952 when she approached the then Department of Social Welfare she was misinformed that she was not entitled to her pension due to the fact she was running a small business; and if the pension due to her will be paid retrospectively. [26164/99]
The person concerned made a late claim for widow's contributory pension on 21 October 1969. She was awarded pension from 22 July 1969, which was three months prior to the date of claim.
While her late husband died in 1952, the person concerned had no entitlement to widow's contributory pension at that time. To qualify for a such a pension in 1952, it was necessary that qualifying contributions had been paid or credited in the three or five years prior to death. This condition was not satisfied in her case.
With effect from 4 November 1966 the qualifying conditions for receipt of widow's contributory pension were modified to allow for payment of pension on the basis of contributions paid over the lifetime record of an insured person. This modification was introduced in section 12 of the Social Welfare (Miscellaneous Provisions) Act, 1966.
The person concerned was awarded widow's contributory pension under these revised qualifying conditions when she applied for pension in October 1969.
In relation to the suggestion that the person concerned was misinformed in this respect at the time of her husband's death there is no evidence of this and, in any event, she could not have qualified until 4 November 1966, when the legislation changing the conditions came into effect.
