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Dáil Éireann díospóireacht -
Wednesday, 19 May 1982

Vol. 334 No. 8

Written Answers. - Social Welfare Benefits.

746.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford, who alleges that she has been sending in medical certificates to his Department for the last eight years, has not received any benefit.

The person concerned was in receipt of disability benefit from 13 May 1975 to 12 May 1976. Payment ceased after that date as she has less than the required minimum of 156 paid contributions to her credit since her entry into insurance to entitle her to further payment. Credited contributions are being allowed on the medical evidence which she continues to furnish. She cannot requalify for further payment of benefit until she resumes employment and has at least 13 weeks of insurable employment after the date of last payment of benefit.

747.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin who has been out of work for over one month following a broken arm has received only £19.59 from his Department together with a sum of £21.55 from the community welfare officer; and when this person can expect to receive his full entitlements.

The person concerned claimed occupational injury benefit in respect of an incapacity which he attributed to an accident at work on 3 April 1982.

Pending inquiries regarding the nature and origin of the incapacity he was paid disability benefit and pay-related benefit on an interim basis. The delay in the initial payment of benefit was due mainly to the fact that the medical certificates dated the 6 and 10 April 1982 were received together on 14 April 1982 and payment thereon was made on 23 April 1982. The certificates dated 17 and 24 April 1982 were received on 26 April 1982 and payment was issued on 27 April 1982. The payments on the certificates dated 1 May and 8 May 1982 were issued on 4 May and 11 May 1982 respectively.

On completion of the inquiries regarding the occupational injury it was accepted that the incapacity was due to an accident at work and the claim was allowed at the maximum appropriate rate.

All payment of injury benefit and pay-related benefit due on the claim has now been made to 18 May 1982, date of the latest medical certificate received.

748.

asked the Minister for Social Welfare when unemployment assistance will be restored to a person (details supplied) in County Wexford; and if he will be given priority in view of the urgency of the case.

Following a review of the means of the person concerned in January 1982, his means derived from the benefit of his wife's earnings were assessed at £43.50 a week. As this amount exceeded the statutory limit in his case, viz. £36.15 a week, he was not entitled to unemployment assistance. He appealed against the decision but the appeals officer upheld the deciding officer's decision.

However, the statutory limit in his case was increased to £45.20 a week with effect from 31 March 1982 and he became entitled to unemployment assistance at the rate of £1.70 a week from that date, being the maximum weekly rate of £45.20 in his case less means assessed at £43.50.

All arrears of unemployment assistance have been paid to him and further weekly payments will be made to him as they fall due.

749.

asked the Minister for Social Welfare when pay-related benefit will be paid to a person (details supplied) in County Wexford.

The person concerned claimed disability benefit in respect of the period from 27 March 1982 to 10 April 1982 after which date he was certified fit to resume work. He was originally paid disability benefit in respect of himself and two dependent children only as he did not complete the portion of the claim form which referred to his wife. A cheque for the balance due in respect of her has now been issued to him.

The claimant was not entitled to pay-related benefit as the rate of disability benefit payable in this case exceeded his average weekly earnings in the 1980-81 tax year, the tax year relevant to his claim.

750.

asked the Minister for Social Welfare the reason persons (details supplied) in County Wexford are receiving only £7.95 unemployment assistance weekly; and if he will investigate their claim with a view to paying them their proper entitlement.

The persons concerned have each been assessed with weekly means of £17.50 in respect of free board and lodgings with their parents. The weekly amount of £7.95 which each is receiving is the appropriate amount of unemployment assistance payable in these cases being the maximum rate of £25.45 less assessed means of £17.50.

The persons concerned were informed of their right to appeal against the amount of means assessed against them by the deciding officer but did not do so.

751.

(Limerick West) asked the Minister for Social Welfare the reason disability benefit was not paid to a person (details supplied) in County Limerick.

The person concerned claimed disability benefit in respect of the period from 1 February 1982 to 24 February 1982, after which date he was certified fit to resume work. As, according to the records of my Department, he had not the required minimum of 26 contributions in 1980-81, the contribution year governing his claim, he was not entitled to payment. Following inquiries it was established, however, that he had sufficient weeks of insurable employment in 1980-81 to qualify him for payment. A cheque in payment of all disability benefit and pay-related benefit due has now been issued.

752.

asked the Minister for Social Welfare when a person (details supplied) in County Wexford will receive benefit.

The person concerned claimed disability benefit from 1 March 1982 and has been paid from 4 March 1982, fourth day of incapacity, to 18 May 1982, the date of the latest medical certificate received. Further payments will be made on receipt of medical evidence of incapacity.

753.

asked the Minister for Social Welfare when an old age pension will be paid to a person (details supplied) in County Galway.

An appeals officer, to whom the old age pension claim of the person concerned was referred, sought further clarification of the transfer of his holding before making a decision. It is expected that the appeals officer will be in possession of the additional information sought within the next few days and will then be in a position to make his decision. If the decision is favourable a pension will be put into payment immediately.

754.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid his unemployment assistance as he has been signing for it since February 1981.

Under statutory regulations, in order to qualify for unemployment assistance a person must be the holder of a qualification certificate which is a statement of his means.

The person concerned was assessed by a deciding officer in January 1981 with means in excess of the statutory limit for the receipt of a qualification certificate. The assessment was confirmed by an appeals officer. In a further application for a qualification certificate in May 1981 the person concerned was again assessed by a deciding officer with means in excess of the statutory limit.

A recent application for a qualification certificate was completed by the person concerned in April 1982. This application has been referred to a social welfare officer for investigation. When his report is received a decision will be given without delay.

755.

asked the Minister for Social Welfare if he will arrange for the immediate payment of an old age non-contributory pension at the maximum rate to a person (details supplied) in County Galway.

The person concerned is in receipt of pension at the rate of £18.45 weekly plus £2.70 living alone allowance. This is the rate appropriate to a person whose means exceed £20 a week but do not exceed £22 a week. An appeals officer has decided that pension at a higher rate is not payable.

756.

(Limerick West) asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Limerick.

The claim of the person concerned to unemployment benefit was disallowed on the grounds that she was not available for employment. She appealed against the deciding officer's decision but an appeals officer, whose decision is final, upheld the deciding officer's decision after an oral hearing of the case.

If the person concerned considers that her position has changed and that she is now available for employment it is open to her to repeat her claim to unemployment benefit at her local office and to have her case statutorily decided.

757.

(Waterford) asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford has received no social welfare payment.

The person concerned claimed benefit on nine separate occasions in the period from 11 February 1981 to 13 March 1982. Payment was made on four of those claims on the basis of the medical evidence received in my Department. As there is no record of the receipt of covering medical evidence payment of benefit was not made on the remaining five claims.

The claimant's employer has now confirmed the periods for which he has been absent from work due to incapacity between February 1981 and March 1982 and payment of all disability benefit and pay-related benefit due for the remainder of the periods was issued on 18 May 1982.

758.

asked the Minister for Social Welfare the reason unemployment benefit has not been paid to a person (details supplied) in County Mayo.

The person concerned repeated her claim to unemployment benefit on 5 January 1982. As her previous claim had been disallowed on the grounds that she was not available for work and the disallowance was upheld by an appeals officer after an oral hearing on 3 December 1981, protracted inquiries were found to be necessary in her case to establish that she had become available for employment.

The inquiries in the case were only recently finalised and her unemployment benefit claim has been allowed at the weekly rate of £22.25 increased to £27.80 from 5 April 1982.

The person concerned is a postal applicant and arrangements have been made to issue an order to her for encashment at her local post office paying all arrears due this week.

759.

asked the Minister for Social Welfare the reason disability benefit has not been paid to a person (details supplied) in County Mayo.

The person concerned claimed disability benefit from 7 April 1982. Following the receipt of medical evidence in my Department a cheque for the amount of benefit due from 10 April 1982, fourth day of incapacity, to 13 April 1982 was issued on 26 April. Payment has continued to issue on receipt of medical evidence and she has now been paid to 11 May 1982, date of latest medical certificate received.

760.

asked the Minister for Social Welfare the reason a person (details supplied) in Ballyfermot, Dublin, has not yet been awarded a contributory pension; if he is aware that she has been refused on the basis that sufficient stamps were not credited to her late husband; and if a partial contributory or alternatively a non-contributory pension will be awarded to her.

The person concerned, whose husband died on 30 May 1981, has been awarded an Irish contributory widow's pension under EEC regulations at a partial rate appropriate to a widow with one qualified child, with effect from 31 May 1981. The rate was determined by means of aggregation of her late husband's Irish and British insurance records.

A pension book containing orders from 2 April 1982 has been issued to the designated post office for collection by her and she has been notified accordingly. The arrears of pension due from 31 May 1981 to 1 April 1982 have been paid direct by payable order to the widow.

The widow's entitlement to an ordinary Irish widow's contributory pension had earlier been investigated, but it was found that her late husband did not have the necessary insurance contributions to qualify her for such pension. She was notified to this effect on 3 February 1982. She had indicated that she was not interested in claiming a non-contributory widow's pension.

In addition, the relevant papers have been forwarded to the Department of Health and Social Security, Newcastle-Upon-Tyne, so that her title to British widow's pension may be considered. If awarded, this would be paid separately by the British authorities and would not affect the pension now in payment to her from my Department.

761.

asked the Minister for Social Welfare the reason no disability benefit payments have been made to a person (details supplied) in Ballyfermot, Dublin; when payments will commence; and when arrears will be paid.

The person concerned claimed disability benefit from 19 April 1982. As she had less than the required minimum of 26 paid or credited contributions in the 1980/81 governing contribution year it was necessary to make inquiries regarding her employment record in that year before her title to benefit could be determined.

Following receipt of an employer's statement giving details of her employment in the 1980-81 governing contribution year payment of benefit was issued. Payment of disability benefit has been made in respect of the medical evidence furnished to 10 May 1982.

762.

asked the Minister for Social Welfare how the amount of disability benefit in a case (details supplied) has been calculated; and if he is aware that the applicant is of the opinion that the allowance should be £7.00 more.

The person concerned was granted separate payment on her husband's disability benefit claim from 1 March 1982 following a complaint that she was not being supported by him. Payment was initially made in respect of herself and two children as it was necessary to make inquiries to establish whether the third child was residing with her. On completion of the inquiries an increase in benefit in respect of the third child was admitted and all arrears due issued on 14 May 1982. As she was in receipt of supplementary welfare allowance for the period 1 to 8 March 1982, the amount of the allowance advanced was withheld from arrears of benefit and refunded to the Eastern Health Board.

The rate of benefit payable from 1 March 1982 to 3 April 1982 was £35.35 per week (Adult dependant allowance £16.40, first child £6.70, second child £6.70, third child £5.55) and £43.35 per week from 5 April onwards (Adult dependant allowance £20.50, first child £7.50, second child £8.40, third child £6.95).

763.

asked the Minister for Social Welfare when unemployment benefit, due since 29 March 1982, will be paid to a person (details supplied) in County Meath.

Following the inquiries which were necessary to establish his insurance record the claim to unemployment benefit of the person concerned was allowed at the weekly rate of £52.15 and all arrears of payments due to him were paid on 7 May 1982. Weekly payments will continue to be made as they fall due.

His entitlement to pay-related benefit as a supplement to unemployment benefit is subject to the statutory limitation that the sum of unemployment benefit, pay-related benefit and any income tax refunds may not exceed 85 per cent of the claimant's average net weekly earnings, which in his case amounted to £51.73. As his weekly rate of unemployment benefit exceeded this figure, pay-related benefit was not payable in his case.

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