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Dáil Éireann debate -
Tuesday, 14 Dec 1999

Vol. 512 No. 6

Written Answers. - Social Welfare Benefits.

Bernard Allen

Question:

318 Mr. Allen asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in Cork was refused a one- parent family payment on the grounds that she does not have a dependent child in spite of the fact that her 30 year old son his spina bifida and is totally dependent on her. [26759/99]

To qualify for one-parent family payment, a person must have the main care and charge of a child dependant, which, under the legislation, means a child aged 18 years or under, or a child up to 22 years if s/he is in full-time education.

As her son is 30 years of age, the person concerned is not entitled to one-parent family payment. It is understood that the son is in employment and it does not appear that he would himself be entitled to a payment under another social welfare scheme.

The person concerned has been notified of this decision and of her right of appeal to the social welfare appeals office if she is not satisfied with the decision.

John Ellis

Question:

319 Mr. Ellis asked the Minister for Social, Community and Family Affairs if an exemption under rule four of the disability scheme will be granted to a person (details supplied) in County Sligo. [26799/99]

The person concerned was awarded invalidity pension on 27 June 1985. One of the qualifying conditions for receipt of invalidity pension is that the claimant must be considered to be permanently incapable of work. One of the rules which must be observed by persons in receipt of invalidity pension is not to engage in work whether on his-her own account or on behalf of any other person.

An exemption from this rule may be obtained where the employment is of a rehabilitative nature, with prior written permission of my Department. The person concerned applied for an exemption in order to take up employment as a taxi driver. Based on all the facts, including the advice of the Department's chief medical adviser, the application was refused, as the employment was not considered rehabilitative.

The person concerned was subsequently found to be employed as a driver and payment of pension was suspended on the grounds of failure to comply with the rules of the scheme. The grounds for suspension were outlined to the person and he was given the opportunity to respond.

As no response was received in the matter he has been disqualified from receiving payment of pension for failure to observe the rules of behaviour as provided for in the legislation.

Brendan Howlin

Question:

320 Mr. Howlin asked the Minister for Social, Community and Family Affairs if his attention has been drawn to the fact that a person (details supplied) in County Wexford was informed that he had no entitlement to disability benefit; if his attention has further been drawn to the fact that he was not advised to apply for pre-retirement allowance although he satisfied the conditions and he was refused a disability allowance on the grounds that he was not medically suitable; if a pre-retirement allowance will be paid without further delay with effect from March 1999; and if he will make a statement on the matter. [26984/99]

The person concerned claimed disability benefit in March 1999 following an accident. At the time of his claim he was in receipt of long-term unemployment assistance and did not appear to qualify for payment of disability benefit and he was notified accordingly.

He applied for disability allowance in May 1999. While he satisfied the means criteria, his application was refused as he did not satisfy the medical criteria for the award of this allowance. He was advised of his right to appeal this decision.

He applied for pre-retirement allowance in October 1999 but his claim was disallowed as he did not satisfy the conditions for award at that time. He was advised of this and of his right to appeal. On subsequent re-examination of his disability benefit claim, it transpired that he had entitlement to disability benefit at a reduced rate. This claim has now been put into payment and arrears of disability benefit for the period 4 March 1999 to 6 December 1999, less supplementary welfare allowance paid to him for the period 17 June 1999 to 6 December 1999, amounting to £433.50, will shortly issue to him. The incon venience resulting from the error in determining his disability benefit entitlement is regretted.
It has been confirmed that the person concerned is fit for work from 7 December 1999 and he has renewed his entitlement to unemployment assistance from that date. A claim for pre-retirement allowance has again been made and this will be examined and he will be notified of the outcome.
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