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Dáil Éireann díospóireacht -
Wednesday, 10 Dec 1930

Vol. 36 No. 9

Ceisteanna—Questions. Oral Answers. - Co. Monaghan Old Age Pension Cases.

asked the Minister for Local Government and Public Health whether he will state in detail the headings under which (and the amount under each heading) the pensions officer and the local sub-committee assessed the income for old age pension purposes of Anne McCloy, of Drumacoon, Newbliss, Co. Monaghan; whether he will state what steps, if any, he took to verify this assessment before deciding the appeal against her, and whether he is aware that her entire income is derived from a holding consisting of three acres of bad land.

The decision of the Department in this case—a claim for increase in pension—was made in the usual way after such consideration as was appropriate. The claim did not disclose reasons for an increase in pension. I cannot reply to argumentative questions concerning particular cases. I may say, however, that the decision is in accord with that of the local sub-committee.

Could the Minister give any indication as to how his Department arrived at the conclusion that this woman's income from a farm of three acres of bad land was over £27?

The Department adjudicated on the facts as presented by the local pensions sub-committee and the local pensions officer.

But is the Minister aware that this appeal was against the local sub-committee and against the local pensions officer? What steps did his Department take to find out the merits of this case?

We examined the facts as presented to us by the local sub-committee and as presented to us by the local pensions officer. The discussions that take place between the sub-committee and the local pensions officer normally take place in the presence of the claimant. If the claimant has any further information not produced by her before the pensions sub-committee it is open to her to produce any further information, but I cannot accept the statement that the information put before the sub-committee was not the full information at the disposal of the applicant. If there is further information to be put before the Department that can be considered.

In view of the fact that this old lady is unable to appear before the sub-committee to present her case, and in view of the further fact that she appealed to the Local Government Department for a reasonable hearing of her case, will not the Minister consider it advisable to have this case investigated by an inspector?

The question as to whether the circumstances were such as to warrant local inspection was fully considered and local inspection was not warranted in the case.

Would the Minister give any indication as to how an income of £27 can be derived from a holding consisting of three acres? This old lady has not even a goat.

asked the Minister for Local Government and Public Health whether he will state the grounds upon which the full award of 6s. per week granted by the Truagh Sub-Committee was not confirmed by him in the case of John Cusker, Knockbellaroney, Scotstown, Co. Monaghan.

An appeal in this case was decided on the 1st May, 1930, when it was determined that the claimant was entitled to a pension of four shillings a week from that date. The grounds upon which a higher amount was not allowed were that his estimated means did not warrant it.

Is the Minister aware that in this case the claimant was notified by the secretary of the sub-committee and by the Minister's Department that the appeal rested on the ground of age and that subsequently it was decided on the ground of means, the age being admitted? Does the Minister consider that that is fair treatment to a claimant?

When a case comes before the Department it is before it in all its aspects. If the applicant wants to bring any further information in regard to the question of means before the Department he has to make a further claim.

Is the Minister aware of the wording of the notification which is sent out from his Department? It says:—"Take notice that the pensions officer has appealed on the grounds affecting your statutory qualification as to age, as to means, or as to age and means." In this case the claimant was asked to take notice that the pensions officer had appealed on grounds affecting the statutory qualification as to age. Surely it is not fair, when the age is admitted, that a case such as this should subsequently be decided on appeal on the ground of means without notification to the claimant?

The estimated means has not been challenged.

Surely the Minister is aware that unless an applicant gets notice that an appeal is being taken on the ground of means he cannot be in a position to furnish additional evidence.

The applicant was quite aware of the statement regarding means which was before the committee and the Department, and he has not disputed that statement.

Is the Minister aware that in a case such as this the applicant could not put in additional evidence as to means and he was not asked to do so?

Is the Minister aware that in this case the sub-committee awarded a sum of 6/-, that the pensions officer acquiesced in that award, but subsequently appealed to the Department on the question of means? The claimant was notified that the appeal was on the ground of age, but the pensions officer appealed on the ground of means and the claimant was not notified. Under such circumstances how could he present evidence regarding means when he was notified that the appeal was being taken on the ground of age?

The decision of the Department on the question of means is a decision on the estimated means put up to the sub-committee in the first case. That estimate was not challenged at that time by the claimant.

It was not challenged by the pensions officer nor by the sub-committee.

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