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Dáil Éireann díospóireacht -
Thursday, 29 Apr 1982

Vol. 333 No. 9

Written Answers. - Social Welfare Benefits.

91.

asked the Minister for Social Welfare if he is aware that a person (details supplied) in Country Offaly, who is a married man with a family has not been paid any moneys from his Department since 2 February 1982; and if he will make a statement on the matter.

The person concerned claimed occupational injury benefit from 14 February 1981 in respect of an accident on 13 February 1981. Inquiries made at the time revealed a conflict of evidence about the nature and origin of the incapacity and further investigation of the claim was necessary before a decision could be made.

In the meantime disability benefit was paid as an interim measure, from 18 February 1981, fourth day of incapacity. When he had completed the period of 52 weeks in receipt of disability benefit in mid-February 1982 there was a delay in payment while inquiries were being made to establish whether he was entitled to further payment. On completion of these inquiries payment was resumed and all disability benefit and pay-related benefit due to 1 May 1982, less supplementary welfare allowance advanced by the Health Board, has issued.

On completion of the inquiries regarding the accident a decision will be given on the claim to occupational injuries benefit and the claimant will be notified of the outcome.

92.

asked the Minister for Social Welfare if he is aware that a person (details supplied) in County Offaly who has 20 years stamps has not been granted any benefit by his Department; and if he will make a statement on the matter.

The person concerned claimed unemployment benefit from 13 February 1981 to 26 May 1981 and from 24 August 1981 to 1 September 1981 but her claims were disallowed as she did not satisfy the statutory contribution conditions on the basis of her Irish contribution record. As she was last insurably employed in the United Kingdom her British contribution record could not be invoked for the purpose of her unemployment benefit claims in Ireland.

My Department did, however, write to the Department of Health and Social Security, Newcastle-upon-Tyne to ascertain if the person concerned was entitled to a transfer of United Kingdom unemployment benefit under the provisions of the EEC regulations. In reply the United Kingdom authorities stated that she was not entitled to unemployment benefit from the United Kingdom as her unemployment benefit claim had been disallowed by their insurance officer.

The person concerned was informed of the outcome and advised that she should take up the disqualification of her claim to unemployment benefit from the United Kingdom with the Department of Health and Social Security. She has not been in touch with her local office since 11 September 1981.

93.

asked the Minister for Social Welfare if he is aware that a person (details supplied) in County Offaly is not receiving any moneys in respect of his four school-going children; and if he will make a statement on the matter.

The person concerned reached age 65 years on 11 April 1981 and claimed retirement pension on 9 July 1981. He was not entitled to a pension under the Social Welfare Acts as he had less than 156 paid contributions to his credit in this country since his entry into insurance. As he had been employed in Great Britain his entitlement to a pro-rata pension under EEC Regulations was examined but while the total of Irish and British contributions was adequate he had less than the minimum of 52 Irish contributions required to qualify for such pension.

In the meantime the claimant was awarded a retirement pension by the British Department of Health and Social Security in respect of himself and his wife on the basis solely of his British insurance and the question of the payment of an increase in respect of his children was under consideration. On completion of the necessary inquiries the arrears of retirement pension in respect of the four children were sent to him by the British Ministry on 11 April 1982. He also had further contributions in this country which brought his total of contributions to the required minimum of 52 contributions and on attaining pension age of 66 years on 11 April 1982 he became entitled to a pro rata old age contributory pension from my Department in addition to his British retirement pension. He is therefore qualified for an increase of Irish pension at the full rate in respect of his children from my Department as from that date. The increase of British pension has however ceased to be payable, as a person in receipt of a pro rata pension from two EEC countries may receive the increase of pension only in respect of dependent children from the country of residence.

A pension order book containing orders in respect of the four children has been sent to the designated post office for collection by the claimant and he has been notified accordingly.

94.

asked the Minister for Social Welfare the reason for the delay in paying disability and pay-related benefits to a person (details supplied) in County Waterford.

The person concerned claimed disability benefit from 1 March 1982 and was paid at the maximum appropriate rate from 4 March, fourth day of incapacity. All disability benefit due to 6 March 1982, after which date he was certified fit to resume work, has issued. He was not entitled to pay-related benefit as his claim was of less than two weeks' duration. The delay in payment was due mainly to the fact that the claimant delayed the submission of medical evidence of incapacity for almost four weeks after the date of commencement of his incapacity.

95.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Waterford.

The person concerned claimed disability benefit from 19 October to 16 November 1981. As, according to the records of my Department, she had less than the required minimum of 26 contributions paid or credited in the 1979-80 contribution year which governs her claim she was not entitled to payment of benefit. She was notified to this effect on 27 November 1981.

96.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Waterford.

The person concerned claimed injury benefit from 16 October 1981 in respect of an accident at work on that date. Pending the outcome of inquiries regarding the nature and origin of his incapacity he was paid disability benefit on an interim basis. Benefit issued promptly on receipt of medical evidence. On completion of the inquiries it was accepted that his incapacity for work arose out of his employment and his claim for injury benefit was allowed.

The claim was adjusted on the basis of the decision regarding the occupational accident, and all injury benefit due to 1 February 1982, after which date he was certified fit to resume work, has been paid. All the cheques in this case issued to the address supplied by the claimant when making the claim. As the Deputy has quoted a different address, a list of the cheques issued has been sent to the claimant to enable him to indicate which cheques, if any, were not received. On receipt of his reply any further action necessary will be taken.

97.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Waterford.

The person concerned claimed disability benefit from 2 November 1981 and all benefit due to 1 May 1982 has issued, less supplementary welfare allowance advanced by the health board. He is not entitled to pay-related benefit.

The delay in payment was due initially to the fact that the claimant was not qualified for benefit on his Irish insurance and it was necessary to obtain his British insurance record from the Department of Health and Social Security. Subsequently it was discovered he had been allocated two RSI numbers and it was necessary to resolve this problem before further payment could be made. He has been advised of the correct RSI number and requested to quote this number on all medical certificates in future.

98.

asked the Minister for Social Welfare the reason for the delay in paying pay-related benefit to a person (details supplied) in County Waterford.

The person concerned is not entitled to pay-related benefit as a supplement to her flat-rate unemployment benefit from 27 September 1981 to 10 March 1982 because it is a statutory condition that the sum of weekly flat-rate unemployment benefit, pay-related benefit and income tax refund may not exceed 85 per cent of a claimant's average net weekly earnings.

The person concerned was paid flat-rate unemployment benefit at the weekly rate of £22.25 and as this sum exceeds 85 per cent of her earnings, namely £16.09, pay-related benefit is not payable in her case.

99.

asked the Minister for Social Welfare the reason for the delay in paying pay-related benefit to a person (details supplied) in County Waterford.

The person concerned claimed disability benefit from 24 November 1981 and was paid at the maximum appropriate rate from 27 November, fourth day of incapacity. All disability benefit due to 17 February 1982, after which date he was certified fit to resume work, has issued. He was not entitled to pay-related benefit as the weekly rate of disability benefit payable exceeded the amount of his reckonable weekly earnings in 1979-80, the tax year on which his entitlement to pay-related benefit was based.

100.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Waterford.

The person concerned claimed occupational injury benefit in respect of an accident at work on 14 December 1981 and has been paid at the maximum appropriate rate from that date. Due to an administrative error there was a delay in payment at the end of March. This matter has since been rectified and all payment due to 26 April 1982 has been made.

101.

asked the Minister for Social Welfare the reason for the delay in paying a non-contributory old age pension to a person (details supplied) in County Waterford.

On the basis of the facts then before him, an appeals officer, on 18 February 1982, decided that the person concerned was not entitled to any pension as his means, consisting of half the weekly value of a licensed premises, land and capital, exceeded the statutory limit.

It appears that the person transferred his property to his sons in December 1981 but my Department were not made aware of this until 21 April 1982. The claimant's solicitor has now undertaken to furnish copies of the transfer deeds to the social welfare officer. When these come to hand the case will be referred to the appeals officer for consideration of a revised decision and the claimant will be notified of the outcome in due course.

102.

asked the Minister for Social Welfare the reason for the non-payment of a deserted wive's allowance to a person (details supplied) in County Waterford.

The claim of the person concerned was refused on the grounds that, as she had left her husband of her own volition, she was not a deserted wife within the meaning of the Social Welfare Acts.

An appeal against this decision was received and the case was submitted to an appeals officer who arranged an oral hearing of her appeal. In the course of the hearing the appellant indicated that she could produce evidence in the form of correspondence from her solicitors in support of her appeal. On receipt of these documents the case will be decided by the appeals officer and she will be notified of the decision.

103.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Waterford.

The person concerned claimed disability benefit from 20 October 1981 and was paid from 23 October, fourth day of incapacity, to 29 December 1981, after which date payment was discontinued following a review of her claim. At that stage it was discovered that she had less than the required minimum of 26 contributions paid or credited in the 1979-80 contribution year which governed her claim and that she was not entitled to the payments which had been made to her. Consequently she was over-paid the sum of £215.09 for the period from 23 October to 29 December 1981.

A new benefit year commenced on 4 January 1982 and entitlement to benefit from that date is governed by the number of contributions paid or credited in the 1980-81 contribution year. As, according to the records of my Department, she had no contributions to credit in that year, it was necessary to make inquiries concerning her 1980-81 employment record. It has since been established that she had sufficient weeks of insurable employment to entitle her to payment of benefit from 4 January 1982. A cheque for the arrears of benefit due to 19 April 1982, less deduction in respect of the overpayment of benefit in respect of the period from 23 October to 29 December 1981, issued to her on 21 April 1982.

106.

asked the Minister for Social Welfare the reason for the delay in paying a retirement pension to a person (details supplied) in County Offaly; and if he will now arrange for payment.

The person concerned attained age 65 years on 27 October 1981. He claimed retirement pension on 18 January 1982 but continued to claim and was paid disability benefit on a weekly basis up to 1 May 1982. He has been awarded a retirement pension at the rate appropriate to his yearly average of 27 contributions with effect from 29 October 1981. A pension book containing orders valid for payment from 29 April 1982 has been issued to the designated post office and he has been notified accordingly.

The arrears of retirement pension from 29 October 1981 to 28 April 1982, less the amount of disability benefit paid to 1 May 1982, have been sent directly to him by means of a payable order. The delay in awarding the pension was due to inquiries necessary to establish his entitlement to the pension.

108.

asked the Minister for Social Welfare if and when free travel will be allowed in respect of a person (details supplied) in Dublin.

As the person concerned is under 66 years of age and is not a registered blind person or in receipt of a qualifying pension or allowance, the conditions of the free travel scheme are not satisfied in her case and her application was disallowed. She will, however, attain the age of 66 years on 18 August 1982 and will qualify for free travel from that date.

109.

asked the Minister for Social Welfare the reason for discontinuing a prescribed relatives allowance to a person (details supplied) in County Waterford.

The person concerned is in receipt of a contributory old age pension since he reached pension age on 1 June 1973. In November 1979, following the death of his wife, he claimed a prescribed relative allowance in respect of his daughter on the grounds that he was an incapacitated person for whom she was providing full-time care and attention. The allowance was awarded with effect from 16 November 1979.

One of the conditions for payment of the prescribed relative allowance requires that no person other than the prescribed relative should reside with the incapacitated pensioner but when the local social welfare officer visited the household in January 1982 he found that, in addition to the daughter in respect of whom the prescribed relative allowance was being paid, there was also a son of the pensioner living in the house. As a result the allowance was withdrawn and the pensioner was informed that the amount overpaid would have to be refunded.

The pensioner admitted that his son had been living with him since 1979 and agreed to refund the amount involved at the rate of £2 per week. The refund is being made by way of deduction from his pension since 2 April 1982.

110.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Waterford.

The person concerned claimed disability benefit from 19 March 1982 but she is not entitled to payment as, according to the records of my Department, she had less than the required minimum of 26 contributions paid or credited in the governing 1980-81 contribution year. She has, however, been requested to furnish details of her employment in that year. On receipt of this information her claim for benefit will be reviewed.

111.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in Country Waterford.

The person concerned claimed disability benefit from 26 December 1981. His title to benefit depended upon his insurance record in the 1979-80 contribution year in respect of the period up to 2 January 1982 and on the 1980-81 contribution year from 4 January 1982. As. according to the records of my Department, he had not the required minimum of 26 contributions paid or credited in either of those years he was not entitled to payment.

Following inquiries, which proved protracted, it was ascertained that he had in fact been employed for 24 weeks in the 1979-80 year and for 40 weeks in the 1980-81 year. He is, therefore, entitled to disability benefit from 4 January 1982 and payment of all benefit due to 24 April, less supplementary welfare allowance advanced, has been made. He is not entitled to pay-related benefit.

112.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Waterford.

The person concerned claimed disability benefit from 27 January 1982 and has been paid from 30 January, fourth day of incapacity, at the maximum appropriate rate. Payment of all disability benefit and pay-related benefit was made to 10 February, after which date he was certified fit to resume work. There was a delay in payment for the period 3 February to 10 February as the final certificate on this claim was misfiled in my Department.

The claimant again claimed disability benefit from 6 April 1982 and has been paid from that date at the maximum appropriate rate. All disability benefit and pay-related benefit due has been paid to 23 April. The delay in payment on this claim was due mainly to the fact that the initial medical certificates were not received in my Department until 16 April.

113.

asked the Minister for Social Welfare the reason for the non-payment of social welfare benefit or assistance to a person (details supplied) in County Waterford.

The person concerned claimed unemployment benefit on 1 February 1982 but, as she has not replied to inquiries to enable a deciding officer to ascertain if she is available for and genuinely seeking employment, her entitlement to unemployment benefit has not yet been determined. She is again being asked to furnish the necessary information and when she does so her claim will be decided. In the meantime the claimant has been receiving unmarried mother's allowance from my Department at the rate of £34.80 per week from 1 February 1982 and £46.20 per week from 1 April 1982.

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