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Seanad Éireann debate -
Wednesday, 6 Jul 1988

Vol. 120 No. 13

Adjournment Matter. - Visually Handicapped Student's Pension.

It is a privilege for me to move this motion on the Adjournment which concerns an extremely courageous, as well as gifted, student at third level. This student, who is a constituent of mine has contacted me with regard to a situation which, while it may be legal, certainly reveals a most appallingly niggardly, parsimonious and ungenerous attitude on the part of the authorities and one which constitutes a very clear disincentive to third level study and to the achievement of independence by those who suffer, unfortunately, from what one might term to be a physical handicap. I spoke to the person who is the subject of the Adjournment Debate by telephone this evening and he used the word, "disincentive", in the course of that conversation. He feels that the attitude of the officials involved constitutes a disincentive to him to continue his studies.

I understand that the Minister is familiar with the details of the case. This is a story of a young man who is almost totally blind, has struggled to overcome the difficulty and has been successful in that valiant struggle to such an extent that he achieved an exceedingly distinguished primary degree. He has subsequently been accepted for higher study and has enrolled on the register of PhD. students. He is a candidate for the post-graduate degree of Doctor of Philosophy. In fact, his academic distinction is such that he has received an award from the Higher Education Authority through Cavan County Council. However, most regrettably, the attitude of the authorities has been to take the view that he is not entitled to both amounts of money simultaneously; they have subtracted one from the other.

That action seems to me to be morally unjustifiable. I agree that it is a disincentive. Having been awarded a major prize in the university on one occasion, I was subsequently told that the monetary value of subsequent prizes would not be awarded to me. I was told that as I had received a certain amount of money, that was my ceiling and I could have the honour and glory of the titles listed but no further cash. I can assure the Minister that I took no further steps to acquire academic distinctions. We are living in a very practical world and it is not enough to be given empty titles, particularly — and, thank God, this is not true in any case — to somebody who is visually handicapped. When I mention the sums of money involved the House will see that the word "parsimonious" is justified. The higher education grant from Cavan County Council was just over £1,000 and the pension is not a great deal in excess of that figure. We are not talking about enormous sums of money. The Minister has the exact figures and there need be no confusion about them.

The person involved informed me this evening that he feels hurt and insulted. He has attempted to overcome his personal difficulty with as little reliance as possible on State help and on the sympathy, which he rejects, of the general public. While part of his attitude has been to underplay his physical disadvantage and to desire that he should be treated as a normal member of the community, he feels, for the first time, as a result of this controversy that he has been treated as less than normal and that, paradoxically, his handicap is being emphasised by the unfeeling, unyielding and inflexible attitude of officialdom. He is not alone in that view. He has been supported by the Students Union's welfare officer in Trinity College who has described the attitude of the authorities as disgusting, disgraceful and discriminatory. I hope the Minister will take on board these very strong feelings not just of the person involved, who I am sure the Minister will agree should be rewarded rather than being penalised for his excellence.

I would like very briefly to run through a catalogue of the circumstances of this case. I have been supplied by the person involved with a series of documents. I believe he should be encouraged if his approach to medieval history is anything like as meticulous and precise as the skill he has demonstrated in preparing this brief for me so that, despite the lateness of the hour and the fact that the Minister and myself have been here now for many hours discussing other matters, I feel I can present a logical and coherent case. Rather than a disincentive, a really strong incentive should be given to him. I would like to say, before I get into a recital of the case, that it seems not only morally right but also very practical that somebody in this situation should be so encouraged rather than discouraged. After all, whereas this gentleman could have sat back, could have accepted welfare, disability pensions and so on and perhaps done nothing other than a little spot of basket weaving every so often or operated a telephone switchboard, instead of taking this line of least resistance, he has placed himself in a situation where he can add to the intellectual life of the country and support himself independently of pensions. This is the kind of independence we all wish to see.

On 24 September last the person involved received a document in printed form which I have here, entitled Document 1, from the Department of Social Welfare saying that the social welfare officer would call to see him on the next Friday, 25 September to "interview you in connection with your claim for blind pension". There is a further note which says: "the appropriate officer wishes to have produced for inspection full detail of the subjects income and savings." The response of my constituent was that he was not aware that the Department did not allow the receipt of a blind pension and an education grant until he received formal notification of the subsequent reduction of his pension.

On 30 September he received a further letter from the officer concerned, Document 2, a handwritten letter which says:

Further to my visit to you on 25.9.87 there are some further details that you may provide for me.

Please sign the attached bank authority that I may confirm the balances on both your accounts in October 1983, 1984, 1985 and 1986. I did not inspect any old bank statements for your current account to give me that information. Alternatively perhaps you could contact the bank yourself and ask them for a statement showing the balances on both deposit and current accounts on those dates.

Please also state if you are in receipt of any other award or bursary from any source other than Cavan Co. Council.

I enclose an officially paid addressed envelope....

I would like to comment on that a little. For example, this letter states: "any other award or bursary". Is it the intention of the Department that there should be absolutely no reward whatever for intellectual excellence? In other words, are prizes, special awards and bursaries to be, in this niggardly way, deducted from the disabled? I cannot believe that this is the intention of any civilised person, far less the Minister whom I have come to know in debates in the House.

The subject refused to sign this authorisation, of which I have a photocopy, because he read it in some detail and it is disclosed to him the fact that the form in question contains no terms of limitation regarding the time for which it is valid nor does it confer its powers on a single named person. The subject said he was afraid that in signing it he would be providing permanent access to his financial affairs to whoever wanted to use it. That seems to be a reasonable attitude to take. This kind of State Chamber inquiry seems to be an unnecessary intrusion into the financial affairs of the person involved. This is where we get into what I think are degrading and sordid details. Having inspected the bank account — the subject makes the point that the funds in his bank account were funds accruing from savings made on his blind pension — the sum involved was annualised as £9.74. This miserable pittance was subsequently deducted from the blind pension.

We are often told about this being a Christian country. I wonder where in this is Christian charity? I know rules may be inflexible but I am perfectly certain that somewhere up the chain of command there resides the authority to alter or investigate these rules. I believe that not only in this case — this is one of the reasons I took it up — but in a number of cases which this is illustrative there is a pressing need for an investigation into the unnecessary narrowness of these kinds of rules. I exonerate the officials lower down the chain from moral culpability in this. I do not believe there is a personal vendetta going on but I believe that these rules and regulations are totally wrong.

On 1 November this man received a further document which baldly said:

The Social Welfare Officer has reviewed your Old Age/Blind Pension and has reported that your means have increased since your last assessment. Your weekly rate of pension will, therefore, be reduced.

Please return your pension book(s)...

There was no information as to by what amount it was going to be reduced or what his immediate circumstances were. Imagine the plight of somebody who is already visually handicapped, who is not by any means living at an extravagant level — you can tell that from the sums involved — and who is suddenly told in a printed form that there is going to be a reduction but is not told by how much. He telephoned the Department and was told that everything was all right and that he would be no worse off. Is that not a cheering thought? Are we not all happy? You win a prize and all the Department of Social Welfare can tell you is that you will be no worse off. That is a big treat. However, my informant was not particularly pleased about this.

He asked subsequently to receive formal notification of the decision. A further document informed him that he could make an appeal against the decision but it did not inform him that he was entitled to make an oral appeal. As regards the Department of Social Welfare old age and blind pensions office, it is really rather insulting that these things are so blandly joined together —"old age" and "blind". They are two separate and distinct items. I will return to this because it seems to be utterly and morally disgusting that subjects are not allowed to have both the old age pension and the blind pension. Surely to goodness it is an additional infliction to be blind as well as old and some recognition should be given to this point. It is a particularly simple point and I would have thought that anybody could take it on board. Perhaps the mind that conceived these sorts of documents is incapable of taking it on board because when writing to a blind person they make no mention of an oral appeal. The section that deals with blind pensions says: "If you are not satisfied with this decision you may appeal in writing to the above address within 21 days", emphasising the very qualities and areas of expertise in which blind people experience difficulty. This insensitivity is most regrettable although I accept that it may well be just an oversight.

Subsequently my constituent provided further information, including a letter which I would like to read into the record because it is from a most distinguished Dublin ophthalmic surgeon. Am I allowed to name the doctor or is that inappropriate?

An Leas-Chathaoirleach

It is unusual.

I specialise in being unusual so I would like to say that Professor Peter Eustace, who is a very distinguished doctor, has placed on the record a letter which says:

The person named has been a patient of mine for the past three years. He has extremely serious visual problems resulting from congenital cataracts which were operated on early in life. His present visual status is that he could be registered as blind but although he has very reduced vision, with extreme perseverance he has managed to obtain an excellent degree in Trinity College, Dublin. To reduce his blind pension allowance in any way is quite unfair. This person needs very complex visual aids to continue on in University. He has such severe visual problems and as I have already said he could be registered as a blind person.

This is the opinion of an authoritative source within the medical profession.

The matter was then raised as to whether there were expenses that could be used in computing and I may say that at this point there appeared to be flexibility on the part of the various ministerial personnel involved, which I welcome. I look forward enthusiastically to a substantial degree of movement in this matter from the Minister. The social welfare officer involved in this case — and I have to put this in parenthesis because it is worthy of note — when questioned as to whether there were special expenses replied on behalf of my constituent: "No, there were not". This is what he understands although there were special circumstances, and circumstances referred to by his doctor.

I do not want to get into the area of impugning the reputation or the professional expertise of welfare officers because that would be grossly wrong and would too far particularise the case. However, I would make the point that there are special circumstances involved. This person does not live at home, yet the pension is the same for somebody who lives at home in Dublin and for somebody who has to move from Cavan and find secure accommodation elsewhere. No allowance was made at that point for the special visual aids or the special materials that are necessary for the continuation of his studies. This may be made subsequently and I hope it will be taken into account by the Minister.

I should like to quote from a further letter to the Minister for Social Welfare Deputy Woods, written by my constituent and which is dated 16 November 1087. Considering the prehistoric attitude towards the blind revealed in this rather sad case I could believe it was 1087, but it is a mistake and the correct date is 1987. It says:

I have been obliged to find accommodation that is near to my place of study. In the light of a number of attacks on visually disabled students, as well as the fact that I am living alone, I am obliged to live in a building with adequate provisions for security. I also need accommodation with as much natural light as possible in which to read, as I find long-term reading by artificial light both tiring and painful. I am fortunate to have found accommodation which combines all of these factors. However, such accommodation is not cheap. It has only been through combining my blind pension with my maintenance grant that I have been able to afford it.

Is this person to be placed at risk of attacks of the kind that have already taken place because we are too mean in this State which guarantees to cherish all its people equally? I would say "equally" means not subtracting one prize from another in terms of a means test; it means giving equal opportunity, — I stress that phrase and I claim that my informant has not been given equal opportunity with other citizens of the State.

My informant maintains that the system of inflexible means testing is completely unsuitable for blind people. They all have different types and levels of expenses, depending on the nature of their disability, its cause, the age of the person and so on. Arising from such matters there is another inequality which the Department defend in the name of equity. This person is expected to live away from home and in rented accommodation on the same amount as is paid to somebody living at home, a point I have already made.

I want to conclude referring to pensions and the way in which they are calculated. With regard to non-contributory old age and blind pensions, a blind persion can continue to be paid with widow's pension until age 66. However, payment of blind pension will stop if the pensioner is awarded a retirement, invalidity or old age pension. This is quite disgraceful and I ask the Minister to use this specific case to open an investigation into these inflexible rigid rules and regulations. It is bad enough to be blind but it is a lot worse to be old as well and consideration should be given to that point. What counts as means for the purposes of the means test are cash income, property, investments, etc. What does not count as means are supplementary welfare allowance, rent allowance or, if one has a job, part of the earnings are not counted in some cases. If somebody has a job and is allowed part of his earnings why is it that by intellectual effort somebody who acquires a prize or distinction is not allowed to have this discounted also? That is earnings and there can be no doubt about that.

I know that there will be sensitivity in this area. There should be some movement and I look to a positive reply from the Minister regarding a situation which deals with sums that are so pathetically small that very few of us would find ourselves capable of the intellectual and physical ingenuity required to live on them. I hope that there will be generosity and that the Minister will find it possible to reward this unusual intellectual distinction, an intellectual distinction that would be unusual in somebody who is fully visually equipped but is remarkable, brave and to be commended in somebody who is handicapped.

First, I want to say that the Minister for Social Welfare, Deputy Michael Woods, is unable to be here. He is abroad at a Council of Ministers' meeting. I am representing him in replying to Senator Norris's Adjournment motion.

I appreciate the Senator's concern in regard to this case. The person involved is obviously a talented student who has shown great determination and courage in coming to terms with his visual handicap and in overcoming the limitations which many people might feel exist for those who are partially sighted. I am, however, surprised at the statement in the motion that the reduction in the blind person's pension is effectively preventing the student from completing his education. I do not accept this.

The blind person's pension, payable from the age of 18 years, is an income maintenance payment for persons who satisfy the conditions regarding blindness or visual impairment and means.

Any applicant for a means-tested income maintenance payment must have the full extent of his means assessed as this is the only fair way to determine the appropriate social assistance payment. Where the person concerned is receiving a contribution from another source towards his maintenance, that amount cannot — in equity — be overlooked.

For all social assistance payments, the statutory position is that the amount of the payment is related to the means of the claimant from other sources. For a single blind person the maximum rate of pension is payable where other means do not exceed £6 per week. In addition, if the person is working, the first £6 per week of earnings are disregarded in making the assessment of means. The rate of payment then depends on the actual rate of the means assessed. No pension would be payable to a single person who has means of more than £50 a week.

The normal position in relation to higher education grants is that it is made up of two elements. The first element is to cover the tuition fees and this is paid direct by the local authority to the college in question. The second element is the contribution towards the maintenance of the student.

While I consider that this student should be offered every possible assistance and encouragement to continue with his studies and to fulfil his obviously considerable potential, I think it is important to emphasise that the Social Welfare system has been formulated to deal equitably and consistently with situations of need. I have no doubt that we would all be in agreement about the importance of ensuring that all individuals who apply for assistance to the Department of Social Welfare have a consistent set of rules applied to their claims.

The Minister for Social Welfare was pleased to announce recently that considerable efforts have been made to introduce flexibility into the Social Welfare system and to tackle problems which might be perceived as having arisen because of over-rigid procedures or because of anomalies which have been identified within the system. The media coverage which this case has already received shows that there could be a perception that the student involved might not be fairly treated. I would like to assure Senators that this is not the case.

I think it is important to emphasise that, while every effort is made to take account of the particular needs of individual clients and to deal in a flexible manner where this is appropriate, there are rules to be applied in the determination of means which, in equity, cannot be overlooked in any one case. These rules, which are used in assessing the extent of means and calculating the rate of pension or allowance which is appropriate, are applied equally to all applicants. Decisions are made by statutorily appointed deciding officers and appeals officers in accordance with the statutory rules. Individual circumstances are always carefully assessed by the deciding officer or the appeals officer before making the decision.

The only special feature of this case which impinges on the means testing requirements is that it has been established that the student necessarily incurs additional expenses in pursuing his post-graduate academic studies because of his visual impairment. These expenses are in respect of special audio and visual equipment. Recently the Minister for Social Welfare directed that they should be regarded as tantamount to tuition expenses in such cases as this where equipment is essential in order to pursue the studies. The details of these expenses have recently been obtained from the student.

The person in question was originally awarded blind person's pension at the maximum rate, with effect from his 18th birthday, in August 1983, on the basis that he had no means. In 1987 the Department were notified that he had changed his address to Dublin. He was visited by a social welfare officer in September 1987 for a routine review of his entitlement. He was asked for details of his means and it emerged that he was in receipt of a higher education grant awarded to him by Cavan County Council in September 1983.

He had not disclosed that he had a bank account when his means were originally being assessed for purposes of determining eligibility for pension, nor had he notified the Department of the fact that, following award of pension, he was subsequently awarded a higher education grant which included a maintenance element. Both the maintenance portion of the grant and the money held in the bank account constitute means and it was necessary to review the level of his pension taking these into account. The portion of the grant applicable to tuition is not assessed.

It is worth pointing out that a claimant for any social welfare assistance payment, including blind person's, is required by law to fully disclose his means when applying for pension and to notify the Department of any increase in means which occurs after a pension has been awarded. In this case, the person concerned did not fully disclose his means. When information concerning the additional means came to light, his means assessment — on which his rate of pension was based — had to be reviewed. This review led to additional means being assessed, resulting in the pension being reduced from the maximum rate of £47.10 per week to £27.10 per week, with effect from 13 November 1987.

When details of this case were first brought to the attention of the Minister for Social Welfare, Deputy Michael Woods, the Minister was anxious to ensure that, in assessing this student's means, due account would be taken of the fact that the grant in his case has to be spent not merely on tuition and maintenance, as would usually be the case, but also on specific extras in connection with this student's education owing to his being visually impaired. Further information was then sought in relation to the additional expenses he has to meet, such as specialised reading equipment and the purchase of an electronic typewriter, in order to establish whether they could be regarded as being additional tuition expenses which would not have been borne by other students. If this proved to be the case, there would be scope for reducing the net maintanance part of the grant assessed for purposes of the blind person's pension.

This further review of the case has been completed. Details concerning items purchased have been made available. This information was not available for consideration previously. It should allow an assessment to be made regarding special expenses arising owing to this student's visual impairment. Therefore the case has been resubmitted to the appeals officer, with the additional information, for consideration of the new facts and evidence now available. The appeals officer will examine the case and determine whether the previous means assessment should be revised. The decision of the appeals officer is expected soon and the person concerned will then be notified immediately.

I trust that an early resolution of the case will avoid any further uncertainty for the student involved. I would like to take this opportunity of wishing him continued success with his academic career.

I want to make it quite clear to Senator Norris that, although the Minister and myself, as Minister of State, would be fully sympathethic to his case, in these circumstances officials of the Department of Social Welfare have to comply with the law, they have to comply with the regulations and the law as passed by both Houses of the Oireachtas. They must also bear in mind that the student concerned had benefitted for four years from the maximum blind pension and the maintenance part of the grant from Cavan County Council. He has a very impressive record and must have tremendous academic ability to persevere with his studies. I know this has caused him concern and I hope it will not have placed him at any disadvantage in relation to his studies. I can only reiterate that officials of the Department of Social Welfare have to comply with the law in relation to this matter. I hope the matter will be satisfactorily resolved — when the extra expenses incurred by the student will be taken into account by the appeals officer and a decision will be taken as quickly as possible.

I should like to thank the Minister for his reply which was clear but not over generous. I have some further information which I would like to give him when the Seanad adjourns. I would like to ask him, if I may, to consider also the special circumstances of the student's residence and the additional expense involved. This is a special circumstance in that there have been attacks on the visually handicapped and it is vital for him to live in this area.

I would like also to ask the Minister a rhetorical question, which is precisely how many blind students have been put on the Ph.D register? I doubt very much if there is any other at all. I thank the Minister for his reply and I hope that there will be a satisfactory outcome.

The Seanad adjourned at 11.50 p.m. until 10.30 a.m. on Thursday, 7 July 1988.

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