Dáil Éireann Debate, Tuesday - 23 March 2004
628 Mr. Ring asked the Minister for Social and Family Affairs the reason an overpayment of social welfare benefit was calculated for a person (details supplied) in County Mayo; if her Department will provide a full breakdown of how this overpayment was calculated. [8886/04]
View answerThe person concerned was in receipt of unemployment assistance at the maximum weekly rate from 11 March 1998 to 24 December 2002. He was also in receipt of a back to work enterprise allowance from 25 December 2002 to 28 February 2004.
In the context of a review of his entitlements, it came to light that the person concerned had a farm. He had not informed my Department of this at the time of his application. When interviewed regarding his farm he stated that he had no stock and no income from the farm in the period from 11 March 1998 to 24 December 2002. He also denied receiving any payments from the Department of Agriculture and Food. It was later established that he received annual payments from that Department, including cattle headage, suckler cow, REPS and area-based payments.
Consequently, a deciding officer disallowed the unemployment assistance claim of the person concerned for the period 11 March 1998 to 24 December 2002. He failed to show that his means did not exceed the statutory limits for receipt of unemployment assistance payments during the period in question. The statutory limits were as follows: €172 from 11 March 1998, €175.35 from 27 May 1998, €181.70 from 26 May 1999, €191.60 from 26 April 2000, €193.89 from 28 March 2001 and €214.40 from 26 December 2001.
As a result of the revised decision by the deciding officer an overpayment of €48,885.55 occurred and is recoverable from the person concerned. This is the total amount of unemployment assistance paid to him during the period in question.
If he considers the decision to be incorrect he can send further documentary evidence to his local social welfare office. He can also appeal the decision to the independent social welfare appeals office.
Under social welfare legislation decisions on claims must be made by deciding officers and appeals officers. They are statutorily appointed and I have no role in making such decisions.
629 Mr. Wall asked the Minister for Social and Family Affairs the position of a person in receipt of the widow’s pension now seeking maternity leave from her employment, due to the major financial loss incurred by her; the alternatives available to overcome the financial implications for the maintenance and welfare of her family during the period of her pregnancy. [8914/04]
View answerThe social welfare system is primarily a contingency based system with entitlement based on pre-defined contingencies, such as sickness or unemployment. It can happen that a person may experience more than one contingency at the same time. For example, an unemployed person may become sick or pregnant. A general principle usually applies whereby even if a person experiences more than one of the contingencies at the same time they only receive one of those payments. This principle is common to social security systems across the world.
Under the Irish social welfare system there have been a limited number of exceptions to this general principle. In the past these included the situation whereby a widows pensioner could, at the same time, receive short-term social insurance benefits such as disability, unemployment or maternity benefit, at half rate if the contingency arose.
In the context of preparation of the spending Estimates for 2004, this entitlement to concurrent half-rate payment of a number of benefits was discontinued for new claimants with effect from 19 January. Existing recipients were not affected by this measure for the duration of their claim. The measure was introduced in response to the pressure on Government spending and in order to provide scope for other improvements in social welfare provision in the budget. It is my intention that the operation of this and other measures will be kept under review and any necessary adjustments will be made in the light of this.
With regard to the specific circumstances outlined by the Deputy, the maximum personal rate of widow's contributory pension is €140.30 a week, increased by €21.60 for each qualified child. Maternity benefit is an earnings related payment and is subject to a minimum weekly payment of €151.60 and a maximum payment of €232.40. Depending on the particular circumstances, such as the level of earnings from employment and the number of qualified children, it may be more financially beneficial for someone receiving a widow's pension to claim maternity benefit instead for the duration of the maternity leave period.
