Vol. 561 No. 1
516 Mr. P. Breen asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Clare was not suitable for invalidity pension despite the fact that the person has been drawing disability pensions for over eight years; and if she will make a statement on the matter. [3483/03]
The person concerned, who was in receipt of disability benefit, applied for invalidity pension in April 2002 and, following a medical assessment, was disallowed on the basis that she was not considered to be permanently incapable of work.
She appealed this decision to the social welfare appeals office and in the context of her appeal she was examined by another medical assessor, who was also of the opinion that she did not satisfy the medical eligibility criteria for invalidity pension.
The appeals officer has invited her, however, to furnish any further evidence she wishes to submit in support of her invalidity pension appeal and a form was sent to her for this purpose on 6 February 2003.
In a related development, payment of the person's disability benefit was disallowed from 2 February 2003 on the basis of a finding by the medical assessor that she was capable of work. She has very recently submitted a further appeal against this decision. The appeals office proposes to deal with the two appeals together.
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.
517 Ms Shortall asked the Minister for Social and Family Affairs the advice her Department has for a person (details supplied) in Dublin 11 on one parent family allowance who is unable to find rented accommodation at or below the maximum rent allowed by the health board; if her attention has been drawn to the fact that the maximum allowable rent assistance in this case is ?953 per month whereas all advertised rents in the area of this person and for a substantial radius beyond are above ?1,000 per month; the way in which her Department expects a person on social welfare to make up the difference; the way in which the impact of her recent decision to cap rents is being reviewed and assessed; and if she will make a statement on the matter. [3566/03]
The maximum level of rent, which a person may incur under the supplementary welfare allowance scheme, is determined by each health board in respect of its functional area and is set by reference to local property considerations. If an individual is unable to secure accommodation at or below the applicable maximum rent level it is open to the health board to provide a payment above the maximum level as an exceptional measure for a limited period. This measure is designed to provide the person concerned with an opportunity to secure alternative accommodation at the applicable rent level.
518 Mr. Timmins asked the Minister for Social and Family Affairs when refunds will be paid to those patients recently treated by dentists who are entitled to a contribution by her Department but due to the current dispute with her Department have not received this; and if she will make a statement on the matter. [3568/03]
To benefit under the dental benefit scheme, an insured worker must be treated by a dentist who has an agreement with my Department to provide treatments under the scheme on a contract basis and at fees specified in the agreement. Under these arrangements and with limited exceptions, treatments are provided to the patient either free of charge or at a reduced fee and the Department pays the balance of the cost directly to the dentist at the agreed rates. A person who is treated by a dentist who is not currently participating in the scheme is not entitled to benefit under these arrangements and any costs incurred cannot be refunded under the scheme. This was made clear from the outset through newspaper advertisements which advised workers to check that their dentist was continuing to operate within his contract with the Department and, where appropriate, to use my Departments LoCall service (1890-400-400) to get details of dentists adhering to the agreed fees for treatment.
Detailed proposals aimed at ending the dispute have been worked out in negotiations over the past two weeks and these are now being considered by the Irish Dental Association.
519 Mr. Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo who has gone back to education is entitled to the back to education allowance; and if this person can be approved for the back to education allowance. [3616/03]
The back to education allowance is a second chance educational opportunities scheme designed to encourage and facilitate certain groups who are receiving social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force.
To qualify for participation an applicant must apply before commencing the course of study and must be in receipt of a relevant social welfare payment for at least six months – 156 days – and be at least 21 years of age immediately prior to commencing the course.
The person concerned had already completed one year of a course of study when he applied for participation in the scheme and was not, therefore, eligible for the allowance.
520 Dr. Upton asked the Minister for Social and Family Affairs if she will review the entitlements of a person (details supplied) in Dublin 8, especially in relation to the back to education allowance. [3635/03]
The back to education allowance is a second chance educational opportunities programme designed to encourage and facilitate certain groups, including people who have been in receipt of disability benefit, to improve their skills and qualifications and, therefore, their prospects of returning to the active work force.
To qualify for participation a person who is in receipt of disability benefit must, inter alia, have be in receipt of disability benefit for at least three years immediately prior to commencing an approved course of study.
The person concerned had been in receipt of disability benefit for 15 months prior to participation in a third level course and is not, therefore, eligible for the allowance under the rules of the scheme.
The person concerned was found fit for work on 29 October 2002 following examination by a medical assessor and, as a result, his disability benefit was disallowed from 2 November 2002.
This disallowance is currently under appeal.
521 Mr. M. Higgins asked the Minister for Social and Family Affairs if an application for exemption from rule 4 of the rules of behaviour for persons in receipt of invalidity pension will be processed for a person (details supplied) in County Galway. [3775/03]
The person concerned was granted an exemption from the rule in question with effect from 5 April 2000 to engage in part-time work as a driver for a construction company. This exemption was reviewed on 28 August 2001 and the person concerned returned a declaration to state that the employment had ceased.
