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Dáil Éireann debate -
Tuesday, 18 Jun 2002

Vol. 553 No. 2

Written Answers. - Social Welfare Benefits.

Michael Ring

Question:

682 Mr. Ring asked the Minister for Social, Community and Family Affairs when a person (details supplied) in County Mayo will be approved and paid the orphan's allowance. [13448/02]

An orphan's, contributory, allowance was awarded to the person concerned by a deciding officer on 12 June 2002. The award is with effect from 19 April 2002. The person concerned was notified in writing of this decision in a letter dated 12 June 2002.

A book of payable orders will shortly issue to the designated post office and a cheque for any arrears due, will be forwarded to the home address of the person concerned in due course.

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

Michael Ring

Question:

683 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in County Mayo has been told that they have been overpaid unemployment benefit, in view of the fact that this person had always given full details of their income of when they were working to her Department; if she will give a breakdown of the way in which and when the overpayment occurred; and the way in which this came about when her Department were fully aware of this person's circumstances. [13449/02]

The person concerned claimed and was paid unemployment benefit for the full period from 10 May 1999 to 10 June 2000. At the time of making her claim she indicated that she was fully unemployed and, during the period of her claim, she did not advise the Department that her circumstances had changed. She subsequently signed off the register to commence community employment, which ended in September 2001.

The person concerned made a further claim to unemployment benefit on 5 September 2001. This claim was awarded at that time and payment continued until 6 February 2002. Following a review of her entitlement, it was established that the person concerned had been employed for one day per week for the entire period of the first benefit claim. Payment of benefit for the days on which she worked was, therefore, inappropriate and an overpayment of €979.44 occurred.
Furthermore, the person concerned was employed for part of each week in which she claimed benefit, she was not entitled to credited contributions for that period. To qualify for payment of unemployment benefit in respect of her second claim, which commenced on 5 September 2001, the person concerned would have required to have had at least 39 PRSI contributions paid or credited in the relevant contribution year governing that claim, the 1999-2000 tax year. As a consequence of the revised decision made in relation to her previous benefit claim, it transpired that she no longer had sufficient paid or credited contributions to enable her to requalify for payment due to the disallowance of the credits originally awarded in respect of first claim. Insurance contributions payable in respect of the employment for a day per week throughout that period were at a rate which provides cover for occupational injuries only.
A deciding officer disallowed the unemployment benefit paid to the person concerned for 57 days during the period 10 May 1999 to 10 June 2000 on the grounds that she was not unemployed. The deciding officer also decided that the person concerned was not entitled to unemployment benefit from 5 September 2001 to 6 February 2002 on the grounds that she had insufficient relevant contributions in the governing contribution year. Payment of benefit to her for the period 5 September 2001 to 6 February 2002, which amounted to €877.50 was, therefore, inappropriate. The total overpayment arising from these decisions amounts to €1,856.94.
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 making such decisions.
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