asked the Minister for Social Welfare if his recent assurance that where it emerged from investigation that factual assessment in relation to social welfare benefits to small holders in the west of Ireland would not be to a persons' advantage, such persons could continue to receive the same payments they had been getting on a notional assessment is being implemented; if instructions issued to social welfare staff do not allow implementation of this assurance; and if he will quote the statutory regulations relating to this matter.
Written Answers. - Social Welfare Benefits.
158.
The Deputy appears to have misinterpreted what I said in regard to this matter which I have referred to on two recent occasions in the Dáil. What I said on both occasions was that if it emerged that factual assessment would not be to the advantage of the smallholder he could continue to remain on notional assessment.
In the vast majority of cases where it is found to be more advantageous to remain on the notional assessment the applicants continue to receive the same payments as they had been getting. However, in a small number of cases factual assessment may disclose additional means which had not been declared when the initial application was made or which had been subsequently acquired and not disclosed such as capital or extra land. Such items must be taken into account and affect the rate of unemployment assistance payable even though the applicant may remain on the notional system.
I should explain that the system of notional assessment applies only to the estimation of the yearly income from the farm. Other income must however be assessed on a factual basis and taken into account for unemployment assistance purposes.
There has been no change in the law or in the instruction in regard to means assessment.
The main legislation governing the calculation of means for unemployment assistance purposes is contained in section 13 of the Unemployment Assistance Act, 1933, as amended. The factual assessment of farm means is calculated in accordance with section 13(1)(c) of that Act and paragraph 3 of the Unemployment Assistance (calculation of Means Regulations) Order, 1934 (S.R. and O. No. 34).
The notional assessment of farm income is calculated in accordance with section 8 of the Social Welfare (Miscellaneous Provisions) Act, 1965, as amended by section 4 of the Social Welfare Act, 1979.
The legislation giving the option of factual assessment is contained in section 9 of the Social Welfare (Miscellaneous Provisions) Act, 1965, as amended by section 5 of the Social Welfare Act, 1979.
159.
asked the Minister for Social Welfare the circumstances under which the holder of a contributory widow's pension can be debarred from receiving same.
A person in receipt of a widow's contributory pension is debarred from receiving this pension in the following circumstances: (1) on re-marriage, (2) for any period during which she is in prison or is detained in legal custody, (3) for any period during which she and any person are co-habiting as man and wife.
160.
asked the Minister for Social Welfare the reasons for the extended delay in dealing with the application of a non-contributory old age pension of a person (details supplied) in County Cork; and when a decision will be made.
A delay in dealing with the application for a non-contributory old age pension by the person concerned occurred initially as he was not available for interview when the Social Welfare officer first called on him. Further delay resulted from the necessity to obtain details of his wife's earnings. These were not verified by the employer until 16 June 1980.
The investigation of the claim has now been completed and the claim has been referred to the local pension committee for decision.
161.
asked the Minister for Social Welfare the reason a person (details supplied) in Cork was requested to forward a non-contributory old age pension book to his Department; the reason for the delay to date in returning the book to this person; and when payment of arrears will issue.
The pension order book was recalled from the person concerned on 18 April 1980 for adjustment as it appeared from a re-investigation of her means that she was no longer entitled to the rate of non-contributory old age pension in payment. The book was not received in my Department until 4 June 1980. A book at the rate appropriate to her means, including arrears due, was issued to her on 19 June.
162.
asked the Minister for Social Welfare why pay-related benefit has not been paid to a person (details supplied) in County Tipperary.
The title to pay-related benefit of the person concerned cannot be decided until the amount of his reckonable earnings in the relevant income tax year has been ascertained.
Inquiries are being made about this and a decision will be given on his claim immediately the information has been obtained.
163.
asked the Minister for Social Welfare the reason for the withdrawal of an old age pension from a person (details supplied) in County Galway.
The person in question was receiving a widow's non-contributory pension immediately before she reached pension age in May 1977 when an old age pension book was issued to her on a provisional basis pending investigation. The local pension committee decided, towards the end of 1977, that she was not entitled to a pension because her means exceeded the statutory limit and the pension was withdrawn. An appeals officer subsequently upheld the committee's decision.
A repeat claim made in April 1979 was also disallowed by an appeals officer, again on the ground that her means exceeded the statutory limit.
164.
asked the Minister for Social Welfare why payment of the amount outstanding in respect of widows' and orphans' contributory pension has not been made to a person (details supplied) in County Tipperary.
The person concerned has been in receipt of a widow's contributory pension at the maximum rate since 1972.
Following representations from the Deputy in March 1980 that payment of one week's pension was outstanding in the case, it was necessary to ascertain the circumstances in which this underpayment occurred. The Department of Posts and Telegraphs have intimated that in the pension order book which expired on 3 April 1980 the orders for the last two weeks had not been cashed by the window.
A payable order for £36 in respect of the two uncashed orders at £18 each issued direct to the person concerned on 20 June 1980.
165.
asked the Minister for Social Welfare the reason for the delay in the payment of injury benefit to a person (details supplied) in County Cork who was injured 15 weeks ago and who has submitted 14 certificates; and when payment will issue.
On 20 March 1980 the person concerned claimed disability benefit from my Department in respect of incapacity which he stated was due to an accident at work on 5 March 1980. As the claim form submitted by him did not contain details of the circumstances of the accident an inquiry form was issued to him for completion on 28 March 1980. As this form was not returned a duplicate issued on 9 May 1980.
The completed form containing details of the occupational injury was not received from him until 20 May 1980. The information submitted however is not regarded as sufficient to establish entitlement to injury benefit and he has been requested to submit further evidence by way of a certificate from his doctor to support his contention that his incapacity is due to an accident at work. On receipt of the further evidence requested his claim to occupational injury benefit will be determined.
Pending determination of his entitlement to injury benefit he has been paid disability benefit on an interim basis at the maximum rate appropriate to a single man from the commencement of the claim. Payment up to 14 June 1980, the date of the latest certificate received, was made on 20 June 1980. The question of entitlement to pay-related benefit is also being investigated and payment, if any, due will be made on completion of the necessary inquiries.
166.
asked the Minister for Social Welfare the reason for the delay in the payment of disability benefit to a person (details supplied) in Cork, whose last payment was received on 6 May, 1980; and when payment will issue.
The person concerned has been in receipt of disability benefit from my Department since April 1977. Payment was made at weekly intervals in advance of medical evidence of incapacity which is only required at monthly intervals in her case. As no certificates were received in respect of February and March payment of benefit was suspended on 10 May 1980. When the certificates for April and May were subsequently received within a few days of each other payment of benefit was resumed from 12 May 1980 and she has been restored to the weekly system of payment and has in fact been paid up to 28 June 1980.