asked the Minister for Social Welfare if he will ensure that the Department of Posts and Telegraphs are made aware of the fact that a person (details supplied) in Dún Laoghaire, County Dublin, has been sanctioned for a free telephone service.
Written Answers. - Social Welfare Benefits.
744.
The Department of Posts and Telegraphs have been notified that the person concerned has been approved for free telephone rental allowance. Before the allowance can be applied it will, however, be necessary for the applicant to become a registered telephone subscriber. She has been advised of the procedure to give effect to the change. When this has been done the free telephone rental will be applied to her account.
745.
asked the Minister for Social Welfare the reason disability benefit was reduced in the case of a person (details supplied) in County Clare.
The person concerned claimed disability benefit from 12 February 1981 and was paid to 10 February 1982. At that stage he has been paid for 52 weeks and it was necessary to review his claim in order to ascertain whether he was entitled to further payment. On completion of the inquiries, which were protracted, it was established that he had 46 contributions to his credit in the 1980-81 contributions year which governs the rate of benefit payable from 11 February 1982. He is accordingly entitled to benefit during the current year at a slightly reduced rate. He would require a maximum of 48 paid or credited contributions in 1980-81 to qualify for the maximum rate of benefit.
All disability benefit due to 17 March 1982, the date of the latest medical certificate received, has been paid. If he has remained incapable of work beyond that date the question of further payment of benefit will be considered on receipt of medical evidence of continuing incapacity.
746.
asked the Minister for Social Welfare when a person (details supplied) in County Clare, who has nine dependants, will be paid his social welfare entitlements.
The person concerned was paid disability benefit from 10 March 1981 to 10 March 1982. At that stage he had received payment for 52 weeks and it was necessary to review his claim in order to determine whether he was qualified to further payment on the expiration of that period. On completion of the necessary inquiries it was established that he was in fact qualified for further payment. All disability benefit due on the claim to 29 May 1982 has now been paid and payment will in future issue at weekly intervals after that date. He is not entitled to pay-related benefit.
747.
asked the Minister for Social Welfare the present position in relation to the payment of unemployment benefit to a person (details supplied) in County Clare.
The person concerned does not satisfy the statutory contribution conditions for entitlement to unemployment benefit. A claim for unemployment assistance was accepted from him and following the completion of investigations he was assessed with nil means. His claim was allowed at the weekly rate of £35.15 increased to £43.95 from 31 March 1982. He is a postal claimant and an order issued to him on 13 May 1982 for encashment at his local post office paying all arrears of unemployment assistance due on his claim.
748.
asked the Minister for Social Welfare the reason unemployment assistance was reduced in the case of a person (details supplied) in County Wexford; and when full payments will be resumed.
The person concerned exhausted her title to unemployment benefit at the weekly rate of £21.00 when she completed 390 days on 6 February 1982. She claimed unemployment assistance and following inquiries in her case she was assessed with means of £13.80 derived from the value of board and lodging on her brother's farm. Her unemployment assistance claim was accordingly allowed at the weekly rate of £6.55 (maximum rate £20.35 less means £13.80) increased to £11.65 (maximum rate £25.45 less means £13.80) from 31 March 1982. Weekly payments of £11.65 continued to be made to her as they fall due.
The person concerned expressed dissatisfaction with the assessment of her means and her case was referred to an appeals officer for determination. However, the appeals officer, whose decision is final, upheld the assessment of means in her case.
749.
asked the Minister for Social Welfare if, in view of the facts of a case (details supplied) in Inchicore, Dublin 8, he will now decide that the person concerned is entitled to unemployment assistance; and if he will make a statement on the matter.
The person concerned claimed unemployment assistance from 9 March 1982 to 7 April 1982 after which he ceased to sign as unemployed. Following an investigation of his case he was assessed with means of £11.00 derived from the value of board and lodging in his parent's home. The person concerned is accordingly entitled to unemployment assistance at the weekly rate of £10.00 being the maximum rate of £21.00 less means £11.00 increased to £15.25 from 31 March 1982 (maximum rate of £26.25 less means £11.00). Arrangements are being made to pay the balance of any arrears due after recoupment of the amount of supplementary welfare allowance which was advanced to him during the period of his claim.
If the person concerned is dissatisfied with the assessment of means in his case it is open to him to appeal and to have his means determined by an appeals officer. A form for this purpose may be obtained at his local office.
750.
asked the Minister for Social Welfare if, in view of the facts of a case (details supplied) in Drimnagh, Dublin 12, he will now decide that the normal full payment of unemployment assistance will be allowed to the person concerned.
The person concerned is at present in receipt of unemployment assistance at the weekly rate of £12.50, being the maximum rate of £26.25 less means £13.75. The means in his case were derived from the value of board and lodging in his parents home.
The person concerned has applied to have his means re-assessed and inquiries are presently being made. When the investigations are completed his means will be reviewed and his entitlement to unemployment assistance will be determined accordingly.
751.
asked the Minister for Social Welfare if he is aware that a person (details supplied) in Clondalkin, County Dublin, has applied for dental benefit but has been told that there is no record in his Department of her contributions; and if, in view of the details, he will make a statement on the matter.
The person concerned claimed dental benefit on 26 March 1982. She was not qualified for this benefit as, according to the records of my Department, she had less than the required minimum of 26 contributions to her credit in the 1980-81 contribution year governing her claim. Following inquiries regarding her employment history it was ascertained that she had been insured up to 1973 and had resumed employment on 16 January 1981. She had only 12 contributions to her credit in the period from January 1981 to 5 April 1981, the end of the 1980-81 contribution year. She had a full record of contributions in the 1981-82 contribution year. On this basis she will be entitled to dental treatment in the benefit year commencing on 1 January 1983 which is governed by the contributions paid in 1981-82.
752.
asked the Minister for Social Welfare when a contributory old age pension will be granted to a person (details supplied) in Ballyfermot, Dublin; and if he will make a statement on the matter.
There is no record in my Department of a claim for contributory old age pension having been received from the person concerned. The RSI number quoted by the Deputy refers to her husband.
The person did make a claim for non-contributory old age pension which has been referred to the local pension committee for decision. Payment of this pension, however, has not been recommended by the social welfare officer who investigated the claim as the person's means, consisting of half her husband's earnings, exceed the statutory limit of £38 a week. If she is dissatisfied with the pension committee's decision she will have the right of appeal against it.
753.
asked the Minister for Social Welfare if, in view of the facts of a case (details supplied) in Inchicore, Dublin 8, he will arrange for a free travel pass to be issued to a person who is the holder of an invalidity pension.
The person concerned was issued with a free travel pass in 1981 as the recipient of an invalidity pension. This pass provides him with unlimited free travel during off peak hours. There is no provision in the scheme for the issue of a travel pass on an unrestricted basis to individual recipients of invalidity pension.
It is understood however that assistance with transport may be provided by the health board on the recommendation of a doctor or hospital authority for a person undergoing hospital or therapeutic treatment.
754.
asked the Minister for Social Welfare when optical benefit will be approved for a person (details supplied) in Ballyfermot, Dublin.
A claim for optical benefit received from the person concerned on 25 March 1982 has been approved.
A form of authorisation to obtain the necessary treatment has been issued to the claimant.
755.
asked the Minister for Social Welfare if the terms of certain public service pensions (within the meaning of Article 7 of the Social Welfare Regulations of 1979) including the existing CIE pension for operative grades, provides similar benefit to those at present in payment under the social welfare contributory pension scheme; and, if not, if it is his intention to amend the Regulations of 1979 so that persons who were fully insured for social welfare purposes may be re-admitted to the social welfare schemes.
The terms and conditions of public service pensions for retired persons provide benefits which are, on the whole, not less favourable than the pensions payable under the old age contributory pension scheme administered by my Department.
It has been ascertained from CIE that the operative grades employed by the company are not covered by the superannuation scheme and accordingly are insured for all benefits under the Social Welfare Acts, including old age contributory pension. In the circumstances, their employment is not affected by the provisions of Article 7 of the Social Welfare (Modifications of Insurance) Regulations. 1979.
756.
asked the Minister for Social Welfare the approximate number of persons who were previously fully insured under the Social Welfare Acts for contributory pensions and who were deprived of accrued and accruing rights to the social welfare contributory pension by reason of the consolidation in 1979 of out of date Social Welfare Regulations previously made before there was any provision for a contributory pension as a result of (a) decisions made by him relating to sick-pay schemes, (b) other decisions made internally in his Department regarding the definition of public authorities, (c) decisions made without reference to either the adequacy of other pensions or security of employment; if he will state the bodies now deemed to be public authorities other than health boards as defined in section 2 of the Social Welfare Act, 1981, and the number of requests made by public sector employers to have fully insured employees designated in another manner in order to avoid paying contributions towards social welfare contributory pensions.
The Social Welfare (Modifications of Insurance) Regulations, 1979 were consolidating regulations only and had the effect of continuing in operation the provisions of existing regulations. No new provisions whatever were introduced. The regulations provide for the payment of modified rates of social insurance contributions in respect of persons who are in permanent and pensionable employment and have sick pay privileges which are considered adequate. The classes in respect of whom such modified contributions are payable include permanent civil servants, teachers, garda and permanent and pensionable employees of local and public authorities.
There is no statutory definition of a public authority but in a High Court decision taken in 1976 the following definition was accepted:
"A public authority is a body, not necessarily a Co. Council, Municipal Corporation or other local authority which has public or statutory duties to perform and which performs these duties and carries out its transactions for the benefit of the public and not for private profit".
Each case in which application is made by a public body for decision as to the rate of PRSI contribution payable is considered on its merits by reference to the status of the body, the terms and conditions of employment, including security of employment and adequacy of pension.
There is no record in my Department of the number of persons who have ceased to be liable for payment of social insurance contributions at the ordinary rate as a result of a decision that their employer was a public authority. In all cases where a decision was made that a modified rate of contribution applied, my Department were satisfied that the employment was permanent and pensionable and that the sick pay privileges were adequate. Generally in such cases the superannuation provisions are provided for by statute and are on a par with those applying to civil servants.
Since 1979 eleven public sector employers were regarded as public authorities and as they satisfied the conditions regarding permanency of employment and superannuation rights the employees were regarded as insurable at a modified rate of contribution under the Social Welfare Acts. In the case of three applications the terms and conditions of employment did not meet the requirements of the regulations.