asked the Minister for Social Welfare why a person (Insurance No. 542096) was refused an application for an increased rate of disability benefit.
Ceisteanna—Questions. Oral Answers. - Refusal of Increased Disability Benefit.
8.
In the case referred to by the Deputy, a married woman was refused payment of the higher rate of disability benefit as the deciding officer, who determined her claim, decided that she was not living apart from her husband. On appeal, this decision was upheld by an appeals officer.
It is provided in Section 42 of the Social Welfare Act, 1952, that, subject to the provisions of the Act and in accordance with any relevant regulations, every question arising in relation to a claim for benefit shall be decided by a deciding officer. Accordingly, I am not responsible for decisions in relation to claims for benefits.
Is the Parliamentary Secretary not aware of the facts of this case which show that this married woman was an insured person within her own rights? She claimed additional benefits in respect of her dependent children and she failed in her claim because she could not prove she was living apart from her husband, although her husband was at the time interned in the Curragh under the Offences Against the State Act. Does the Parliamentary Secretary not feel that there is ample evidence available to him and his Department to show she was, in fact, living apart from her husband, seeing that he was interned in the Curragh?
I agree with the decision of the deciding officer and I am also aware, although it has nothing to do with the decision, that she was in receipt of £3 a week from the Prisoners' Dependents' Fund.
I should like to know from the Parliamentary Secretary what regulation or what law he invokes in debarring this woman from the additional benefits because she cannot prove that she was living apart from her husband at the time, when he knows the husband was interned?
I indicated that I had no influence on the decision. The information I gave was additional on the Deputy's Supplementary Question.
How did the Parliamentary Secretary know the woman was in receipt of £3 a week?
On her own statement.