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Dáil Éireann debate -
Tuesday, 3 Apr 2001

Vol. 533 No. 6

Written Answers. - Social Welfare Benefits.

Michael Ring

Question:

332 Mr. Ring asked the Minister for Social, Community and Family Affairs if a person (details supplied) in County Mayo is entitled to a diabetic allowance. [9545/01]

Recipients of social welfare or health board payments who have been prescribed a special diet as a result of a specified medical condition and whose means are insufficient to meet their needs, may qualify for a diet supplement under the supplementary welfare allowance scheme. The SWA scheme is administered by the health boards and neither I nor my Department have any function in deciding individual cases.

The regulations covering entitlement to a diet supplement are set out in legislation SI 382/95. In this particular case the person is a full-time student and as such is not entitled to claim SWA in her own right. However, as the person is still a dependant on her father's social welfare claim, under the regulations he may make an application for a diet supplement to cover the additional cost of a prescribed diet for a dependent child.

An application for a diet supplement can be made by contacting the community welfare officer at the local health centre.

Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Róisín Shortall

Question:

333 Ms Shortall asked the Minister for Social, Community and Family Affairs if he will review and rectify a situation where a person (details supplied) in Dublin 5 who is in receipt of an occupational pension and slightly over the means for a non-contributory widow's pension is excluded from all ancillary benefits of the latter such as the living alone allowance, fuel allowance and the over 80's allowance and as a result is substantially worse off when total income is calculated; the steps he has taken to poverty-proof social welfare changes; if he will consider addressing such anomalies in this context; and if he will make a statement on the matter. [9654/01]

In Budget 2001, I provided for the maximum rate of widow(er)'s pension to be increased by £10 per week to £95.50 with effect from this month. In addition appropriate adjustments have been made to the means test with extra bands added so that more people will not qualify for the payment. From this month a person with means of up to £98 per week may qualify for a pension.

The fuel allowance, living alone allowance and over 80's allowance are paid as supplements to social welfare payments and are dependent on the applicant being in receipt of one of a number of a specified payments.

There are no plans to alter this. However, I am concerned as far as possible to improve the position of those who are not receiving social welfare payments but who are dependent on occupational pensions. In budget 2000, I extended the free schemes to all persons aged 75 years and over, regardless of their income or household composition. I extended this provision to people aged 70 and over in Budget 2001. It is expected that this measure will benefit at least 43,000 households from May 2001.

The person concerned claimed a widow(er)'s non-contributory pension in 1999 but was not eligible due to the fact that she had means in excess of the then statutory limit. However, with the improvements I have introduced in this year's budget and the changes in the way capital is assessed for pension purposes, introduced in Budget 2000, I am arranging to have the person's circumstances reviewed as soon as possible.
Question No. 334 answered with Question No. 331.

Michael Ring

Question:

335 Mr. Ring asked the Minister for Social, Community and Family Affairs if qualification for the fuel allowance is means-tested for people over the age of 70 and for people over the age of 75; and if he will make a statement on the matter. [9658/01]

The aim of the national fuel scheme is to assist householders who are on long-term social welfare or health board payments and who are unable to provide for their own heating needs. A payment of £5 per week is paid to eligible households and £8 per week is paid in smokeless zones.

The conditions of the scheme are that the applicant must satisfy a means test, and must live alone or only with qualified dependants, a carer, a person in receipt of a short-term unemployment assistance payment or a person who qualifies for a fuel allowance in their own right. There are no exceptions to these conditions on the basis of age and, consequently, people who are over 70 or 75 years of age must also satisfy the means test.

People who qualify for means-tested pensions or allowances such as old age non-contributory pension are accepted as satisfying the means test. However, if the household includes a person who is in receipt of disability benefit, unemployment benefit or occupational injury benefit then that household will not qualify for a fuel allowance. The benefit recipient could qualify for a £3 smokeless fuel allowance if they are residing in one of the specified areas and are on benefit for more than three months.

In the case of contributory pensioners such as old age contributory, retirement and invalidity pensioners the income of the qualified adult is assessable as means for the purpose of entitlement to a fuel allowance. A person may now have a combined household income of up to £30 per week or savings-investments of up to £30,000 over and above their pension and still qualify for fuel allowance.

I am conscious of the need to simplify the social welfare and related systems, whenever possible. The Deputy will be aware that progress is being made in relation to easing the means tests for schemes such as free electricity and for the medical card. At present, the free schemes are not subject to a means test in the case of people aged 75 years or more and the means test for the free schemes is being abolished for people aged 70 and above from May 2001.
I recognise the importance of fuel allowances to pensioners and am providing an additional £6 million for the scheme this year. The income limit I referred to above will be increased to £40 from October 2001. In addition, the fuel season has been increased from 26 weeks to 29 weeks, as announced in the 2001 budget. The current fuel season will be extended by two weeks in April 2001 and the next fuel season will start one week earlier in October 2001.
Any further changes in eligibility for fuel allowances would have to be considered in a budgetary context and in the light of alternative proposals for delivering improvements in social welfare supports to pensioners and others. It is estimated that it would cost an additional £32.4 million per year to extend the free fuel scheme to all persons over 70 years of age. I would point out that there is a facility available through the supplementary welfare allowance scheme to assist people in certain circumstances who have special heating needs. An application for a heating supplement may be made by contacting the community welfare officer at the local health centre.
Where a person would not normally qualify for a heating supplement there is provision under the supplementary welfare allowance scheme to pay an exceptional needs payment. Exceptional needs payments are payable at the discretion of the health board taking into account the requirements of the legislation and all the relevant circumstances of the case.

Michael Ring

Question:

336 Mr. Ring asked the Minister for Social, Community and Family Affairs when an application for a carer's allowance by a person (details supplied) in County Mayo will be processed. [9659/01]

The person concerned applied for carer's allowance on 13 February 2001. Her spouse is currently receiving a qualified adult allowance for her, as part of his unemployment assistance payment.

Her case has been referred to an investigation officer of my Department for confirmation that the conditions for receipt of carer's allowance are fulfilled. Her entitlement will be further examined in light of the investigation officer's report.

Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Breeda Moynihan-Cronin

Question:

337 Mrs. B. Moynihan-Cronin asked the Minister for Social, Community and Family Affairs if he will extend the extra four weeks' maternity benefit to all women currently in receipt of maternity benefit; and if he will make a statement on the matter. [9819/01]

Entitlement to maternity benefit is contingent, in the first instance, on the woman qualifying for maternity leave under the Maternity Protection Act, 1994.

In order to introduce the extended duration leave it was necessary for the Minister of Justice, Equality and Law Reform to introduce regulations to amend the Maternity Protection Act, 1994. These regulations, which required a positive motion of approval to be passed by both Houses of the Oireachtas, were introduced immediately after the Christmas recess. They were passed by both Houses of the Oireachtas on 8 February 2001 and immediately brought into force.

Since the extension of the maternity leave provided for in the budget imposes additional obligations on employers, it was necessary to give adequate advance notice and, therefore, retrospective application of the provisions of these regulations was not possible.

In addition, as the Maternity Protection Act requires that the woman gives her employer at least four weeks notice of her intention to take leave, the extended duration of maternity leave can only apply to women who can give their employers the required four weeks notice following the commencement of the necessary regulations. Consequently, the new arrangements apply to anyone who goes on maternity leave on or after 8 March 2001.

In the circumstances, it has not been possible to extend the duration of maternity leave and also maternity benefit by four weeks in the case of women who had already commenced their maternity leave before 8 March 2001.

Tony Gregory

Question:

338 Mr. Gregory asked the Minister for Social, Community and Family Affairs the financial assistance available towards the cost of mortgage repayments under supplementary welfare payments; and the criteria used in this regard. [9825/01]

Minister for Social, Community and Family Affairs (Mr. Ahern):

The supplementary welfare allowance scheme provides for a weekly or monthly supplement to be paid in respect of rent or mortgage interest payments to any person in the State whose means are insufficient to meet their needs.

The purpose of the mortgage interest supplement scheme is to assist eligible persons who are unable to meet their mortgage repayments in respect of a house which is their sole place of residence. Entitlement to a mortgage interest supplement is determined by the health boards and supplements are normally calculated to ensure that the person has an income equal to the rate of SWA appropriate to the family circumstances, less £6. This £6 represents the minimum contribution which applicants are required to pay from their own resources.

Those generally excluded from receiving assistance under the SWA scheme include people in full-time employment, people in full-time education, and people involved in trade disputes. The scheme operates on the basis that the person shall be entitled to a supplement towards the interest portion of the mortgage repayments only. The principal is not, and never was, taken into account in the calculation of the mortgage interest supplement because it is not considered appropriate that the Exchequer should repay part of the initial loan and thereby provide assistance towards the accumulation of a capital asset on the part of the individual concerned.
An application for a mortgage interest supplement may be made by contacting the community welfare officer at the local health centre.

Michael Ring

Question:

339 Mr. Ring asked the Minister for Social, Community and Family Affairs when a person (details supplied) in County Mayo will be paid a carer's allowance. [9828/01]

The person concerned applied for a carer's allowance on 28 February 2001.

On receipt of an application for carer's allowance, a comprehensive medical report must be provided in respect of the person being cared for. This report is completed by the person's own doctor and is subsequently examined by one of my Department's medical assessors who advises if the medical criteria for the receipt of the carer's allowance are satisfied. As the medical information provided was insufficient to determine whether the medical criteria were fulfilled, a supplementary request for medical information issued to the person concerned for completion on 28 March 2001.

In addition, the case has been referred to an investigative officer of my Department for a means assessment. On receipt of the investigation officer's report and the medical assessor's report, the claim will be considered further.

Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

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