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Dáil Éireann debate -
Wednesday, 31 May 2000

Vol. 520 No. 2

Written Answers. - Social Welfare Benefits.

Gay Mitchell

Question:

140 Mr. G. Mitchell asked the Minister for Social, Community and Family Affairs if he will have examinations made into the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [15519/00]

Under the supplementary welfare allowance scheme a weekly supplement may be paid in respect of rent or mort gage interest to people in receipt of social welfare or health board payments.

Entitlement to a supplement is determined by the health boards and 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.

Applicants are also required to contribute any assessable means in excess of the appropriate basic supplementary welfare allowance rate towards their rent or mortgage interest supplement.

The person concerned was awarded a retirement pension of £89 per week, an increase of £15.50 on his previous pre-retirement allowance. His rent also increased by £0.50 per week at this time. The amount of rent supplement payable was accordingly reduced by £15, the net increase in his means from £23.30 to £8.30.

In May 2000 the person concerned received a budget increase of £7 in his weekly pension. As the increase was £3 greater than the corresponding increase in the basic rate of SWA this resulted in a further reduction of this amount in the rent supplement bringing it to the current rate of £5.30.

This manner of calculation of rent supplement will be examined as part of the review of the SWA scheme which is currently being undertaken as part of my Department's series of formal programme evaluations. A working group comprising officials from my Department and other relevant agencies has been established to carry out the review and a report is expected by the end of next year.

Any proposals for changes in this area would also have to be considered in a budgetary context.

Michael Ring

Question:

141 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in County Mayo was changed from an invalidity pension to a retirement pension with a resulting decrease in benefit without prior notification, in view of the fact that this person is only 62 years of age and qualifying criteria for the retirement states a person must be aged 65; and the reason United Kingdom contributions were not taken into account when determining this benefit. [15527/00]

The person concerned is currently in receipt of a pro-rata invalidity pension of £55.30 per week. She was originally awarded full rate invalidity pension based on a combination of her Irish and United Kingdom social insurance contribution records.

Regulations provide that an invalidity pension can only be paid on a combined Irish and UK social insurance record until such time as the person reaches UK retirement age which in this case is 60 years of age.
Accordingly, with effect from 4 October 1997, the person concerned was no longer entitled to be paid full rate invalidity pension. However, she continued to be paid her invalidity pension until apro-rata pension was paid from 22 July 1999. She may also be entitled to a UK retirement pension from age 60 and has been advised to apply for that pension.
Her current entitlement to invalidity pension is based on her insurance record which shows a total of 219 paid reckonable contributions. She was informed of the position regarding her invalidity pension and advised to apply for a UK retirement pension on two occasions, in April 1999 and again in May 1999, prior to the award of her pro-rata invalidity pension. She will be advised again to apply for a UK retirement pension.

Michael Ring

Question:

142 Mr. Ring asked the Minister for Social, Community and Family Affairs when an appeal in respect of unemployment benefit will be finalised for a person (details supplied) in County Mayo. [15529/00]

Having left her full-time job, the person concerned took up part-time employment and applied for unemployment benefit in respect of the days when she was not working.

The deciding officer considered her claim and was of the view that she was not genuinely seeking work and, accordingly, disallowed her claim. The person concerned appealed this decision to the social welfare appeals office. On the basis of all the evidence, the appeals officer disallowed her appeal. The decision of an appeals officer can only be reviewed in the light of new facts or fresh evidence.

In the light of the Deputy's recent representations, the papers in the case will be referred for further consideration by the appeals officer and the person concerned will be notified of the outcome.

Bernard J. Durkan

Question:

144 Mr. Durkan asked the Minister for Social, Community and Family Affairs if he will reconsider the current position in regard to an application for an old age pension by a person (details supplied) in County Kildare who previously was in receipt of disabled person's maintenance allowance; if it is intended to grant the full rate of old age pension under the current proposals; if he will take into consideration a letter (details supplied) from a doctor in relation to this person's medical condition; and if he will make a statement on the matter. [15543/00]

The person concerned, who was in receipt of disability allowance at the maximum rate of £114.70 per week reached pension age on 6 January 2000.

He was awarded a pension of £92.70 per week with effect from 7 January 2000. This amount comprised a personal rate of £58.50 and an increase of £34.20 in respect of his wife. This was based on a means assessment of £25.96 a week, deriving from the estimated capital value (£40,000) of a second property owned by him.

His spouse was subsequently awarded a carer's allowance in her own right at the maximum rate. Consequently the qualified adult allowance payable to the person concerned as part of his pension was discontinued. The capital value of the second property has now been assessed by the valuation office at £80,000. Based on this value the person concerned is entitled to an old age non-contributory pension at the weekly rate of £9.50. This is the rate appropriate to his means, assessed in full accordance with the rules set out in the legislation governing this scheme.

A deciding officer's decision will shortly issue to the person concerned and he will be informed regarding his right of appeal to the social welfare appeals office. His means will be reviewed again later this year in the context of the improved capital assessment rules provided for in the Social Welfare Act, 2000. On the basis of his current means, the person concerned will be entitled to pension at the rate of £21.50 per week with effect from 13 October 2000.

In determining means, there are no provisions in the legislation to take account of the claimant's medical condition.

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