asked the Minister for Social Welfare if he will consider extending insurability under the Social Welfare Acts to cover workers employed on a rehabilitation basis in local authority and other employment.
Ceisteanna—Questions. Oral Answers. - Insurability of Workers.
51.
A person who is employed for rehabilitation purposes under a contract of service, other than by a local or public authority, is insurable under the Social Welfare Acts. A person so employed by a local or public authority is insurable under the Acts for occupational injuries benefit but is specifically excluded from insurance for the other benefits by virtue of Part II of the First Schedule to the Social Welfare Act, 1952.
I will have the matter re-examined but it must be borne in mind that a considerable number of the persons involved are already insured and, in certain cases, are in receipt of disability benefit while engaged in employment for rehabilitation purposes, thus maintaining the continuity of their insurance.
52.
asked the Minister for Social Welfare whether he has given further consideration to the question of the insurability of ESB contract meter readers; and, if so, if he will make a statement on the matter, indicating what steps he is taking in relation to deductions made from these men up to January, 1968; and if he will state in particular the position in relation to three persons (particulars supplied).
As I indicated in reply to similar questions on 28th November, 1968, it has been decided by an appeals officer in a test case that the employment of contract or part-time meter readers by the ESB is not under a contract of service and thus is not insurable under the Social Welfare Acts. An appeals officer is a statutory officer and I have no power to interfere with his decision.
The decision is being applied to contract meter readers generally. If any meter reader considers that the decision should not apply to his case it is open to him to apply to have his case dealt with separately by a deciding officer and to appeal against the latter's decision if dissatisfied. If no such application is received from the three persons mentioned, arrangements will be made to refund them the contributions they have paid less the amount of any benefit paid to them on foot of those contributions.
I feel sure the Minister appreciates that many of these meter readers employed by the ESB are people who, as a result of medical handicap or physical disability, are unable to pursue ordinary manual work and, therefore, by disallowing them social welfare benefit, a grievous hardship has been imposed on them. Many of these people were insured all their lives. Their lifetime of stamps and creditworthiness in respect of social welfare has been jeopardised by this particularly mean decision on the part of the ESB in respect of their employees—the meter readers—who are doing a very good job of work for them. Would the Minister consult with the Department of Transport and Power in order to bring these people back under the social welfare code? Very great hardship has accured to them. Many of them, to my knowledge, are now destitute and are dependent on home assistance as a result of this particularly harsh decision.
I am not aware that many of them are physically handicapped people. It is possible that they may be so but I am not aware of it. The meter readers to which this decision applies are only part-time meter readers. There are many meter readers, I am sure, who are eligible but it is very difficult and some yardstick has to be used.
I am not so concerned——
We cannot have a debate on this question. I am sorry.
—with those who are mater readers on a part-time basis. It may well be that meter reading as such is being regarded as part-time work. I am concerned about those who are dependent on this for a livelihood and who will suffer as a result of being disqualified for social welfare benefit. I can only appeal to the Minister on their behalf.
Question No. 53.
I shall raise this on another occasion.
They have 17 hours' work. They have a yardstick.
I would like to find out how many of the type to which the Deputy refers there are.
Question No. 53.
Is the Minister satisfied that one test case should be the deciding factor for the whole country? What about payment of benefit in this specific case, where the stamps credited to him on behalf of the ESB for meter reading have been invalidated and this has jeopardised his benefit?
I am afraid I could hold out very little hope in a case of that kind.
It is a scandalous state of affairs.
53.
asked the Minister for Social Welfare whether he is aware that an insured person (details supplied), formerly insured as an ESB contract meter reader and still in insurable employment, has not received sickness benefit though he has submitted doctor's certificates from 18th November last; and if he will state the cause of the prolonged delay particularly in view of the fact that the Department retain the contributions paid by this man up to the time his Department declared contract meter reading not to be insurable.
The insured person referred to by the Deputy is not entitled to disability benefit because he does not satisfy the statutory contribution condition which requires him to have not less than 26 employment contributions paid in respect of, or credited to, him in the 1967 contribution year. The stamps affixed to his 1967 insurance card were in respect of employment as a contract meter reader but this employment is not insurable under the Social Welfare Acts and therefore the employment contributions were not properly payable in respect of that employment. The claim for a refund of the contributions paid from 1961 to 1967 is being examined.