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Dáil Éireann díospóireacht -
Wednesday, 15 Jun 1983

Vol. 343 No. 7

Written Answers. - Social Welfare Benefits.

676.

asked the Minister for Social Welfare the reason a deserted wife's allowance has been disallowed for a person (details supplied) in County Dublin.

The claim of the person concerned to deserted wife's allowance has been disallowed because it was considered that the statutory conditions for its award are not satisfied in her case. A deciding officer held that her husband did not of his own volition leave her and that she had not made and continued to make reasonable efforts within the means available to her to trace him and to prevail on him to contribute to the support and maintenance of herself and her children. She has been notified of the decision and of her right to appeal against it if she is dissatisfied with it.

677.

asked the Minister for Social Welfare when a prescribed relative allowance will be paid to a person (details supplied) in County Galway.

It has been decided by a deciding officer that a prescribed relative allowance is not payable in this case as the condition requiring the relative to provide the pensioners with full-time care and attention is not satisfied. The relative concerned is still attending school.

The applicant was notified of this decision on 3 June 1983.

678.

asked the Minister for Social Welfare the reason incorrect information was issued to Deputy Geoghegan-Quinn in Parliamentary Question No. 265 on Thursday, 3 February 1983 in respect of an application for unemployment benefit by a person (details supplied) in County Galway.

The claim to unemployment benefit made by the person concerned on 12 November 1982 was treated as a totally new claim and payment was authorised at the weekly rate of £94.45. This rate was in payment when the Deputy put down her question on 3 February 1983 and was given in the reply. It was discovered last month, however, that the claim should have been linked with earlier claims and that the correct rate should have been £81.25. The person concerned was as a result overpaid £334.80. Arrangements for recovery of the amount overpaid will be made so as not to cause undue hardship to him.

679.

asked the Minister for Social Welfare when unemployment assistance will be restored to a person (details supplied) in County Galway.

The person concerned was paid unemployment assistance from 27 December 1981 on the basis of a qualification certificate with weekly means of 25 pence.

Prior to 2 March 1983 he was receiving £25.20 weekly being the appropriate maximum weekly rate in his case of £25.45 less means 25 pence. Following a review of his means he was assessed with weekly means of £40.15 derived from land and capital with effect from 2 March 1983. As his weekly means of £40.15 exceeded the appropriate maximum weekly rate in his case of £25.45 his payment was disallowed from 2 March 1983. He appealed against the amount of means assessed against him in April 1983 and his case has been referred to the social welfare officer for further investigation before being referred to an appeals officer.

680.

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

The person concerned claimed disability benefit from 28 April 1983. She is not, however, entitled to payment as according to the records of the Department she has less than the required minimum of 26 contributions paid or credited in the 1981-82 contribution year which governs her claim.

According to inquiries made in this case the claimant was not insurably employed or claiming social welfare benefits from February 1976 to 4 December 1981 and has no contributions paid or credited for that period. She has 14 contributions and no credits recorded for 1981-82.

The Deputy has indicated that the person concerned was injured at work. On her claim form and first medical certificate, however, the claimant stated that her incapacity was not caused by an accident at work. A letter has been sent to her to clarify the position.

681.

asked the Minister for Social Welfare when unemployment assistance will be restored to a person (details supplied) in County Galway.

The person concerned was in receipt of unemployment assistance at £31.05 a week, being the appropriate maximum weekly rate in his case of £36.60 less notionally assessed means of £5.55 derived from his farm. Following a review of his means on a factual basis he was assessed with means of £45.00 a week derived from his farm with effect from 18 May 1983. As his weekly means of £45.00 exceeded the appropriate maximum rate of unemployment assistance, viz £43.95, payable in his case he was not qualified to receive unemployment assistance. He appealed against the amount of means assessed against him on 3 June 1983 and his case has been referred to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

682.

asked the Minister for Social Welfare the reason for the delay in having an appeal for unemployment assistance heard for a person (details supplied) in County Kilkenny as the appeal was lodged on 22 April 1983 and nothing further has happened to date; and if he will now arrange to have the matter expedited.

The person concerned appealed on 22 April 1983, against the amount of means assessed in his case. In accordance with normal procedure his case was referred back to the social welfare officer to consider his assessment in the light of the contentions made in the appeal. This enables the appeals officer to consider the appeal in the knowledge that all the evidence before him for consideration represents the up-to-date position. This procedure has been carried out in the present case and the appeal has been referred to an appeals officer for determination. It is expected that the appeal will be considered shortly by an appeals officer.

683.

asked the Minister for Social Welfare the reason unemployment assistance was reduced from £65.00 to £30.10 per week to a person (details supplied) in County Cork who is married with three child dependants as he is unemployed with no income of any description; and when he will be restored to the maximum rate.

The application of the person concerned for unemployment assistance on 8 February 1983 was authorised at the weekly rate of £30.10, being the appropriate maximum weekly rate in his case of £63.75 less means £33.65 derived from self-employment as a handyman.

If he considers that the means assessed in his case are excessive he may appeal to have his means determined by an appeals officer. A form for this purpose may be obtained on request from his local office who will advise him as to the procedure.

The amount of £65.00 mentioned in the question is the maximum rate of unemployment assistance payable to a married man with three children living in an urban area with nil means.

684.

asked the Minister for Social Welfare if he will expedite an appeal against the decision to refuse unemployment assistance to a person (details supplied) in County Roscommon.

The application of the person concerned on 14 February 1983 for unemployment assistance was disallowed by a deciding officer on the grounds that his means derived from self-employment as a carpenter exceeded the statutory limit in his case of £4,225. He has not so far appealed against the decision. If he wishes to do so he may obtain a form for the purpose on request from his local office who will advise him as to the procedure.

685.

asked the Minister for Social Welfare the position in regard to an application for a prescribed relative's allowance for a person (details supplied) in County Galway.

The claim of the pensioner concerned for prescribed relative's allowance, which was received on 5 May 1983, is under investigation at present.

When the social welfare officer's inquiries have been completed, the claim will be forwarded to a deciding officer whose decision will be notified to the pensioner.

686.

asked the Minister for Social Welfare if he will give particulars of the social welfare payments being made to a person (details supplied) in County Dublin; the basis of calculation of this payment; if a pay-related element is included; and, if not, the reason.

The unemployment benefit claim of the person concerned was authorised at the weekly rate of £81.95 which is the maximum rate for a married man with four qualified children. In addition, pay-related benefit was authorised at the weekly rate of £5.29 giving a combined weekly entitlement of £87.24.

Under the regulations, the combined weekly payment of unemployment benefit, pay-related benefit and any income tax refunds received may not exceed 85 per cent of the claimant's average net weekly earnings in the period from 6 April up to the date of claim. In the case of the person concerned the limit was calculated at £87.24.

However, following further inquiries, it has been established that he had been in receipt of disability benefit amounting to £995.15 during this period and taking this into account, his 85 per cent limit has been recalculated at £106.91 a week. He is therefore entitled to combined payments totalling this amount with effect from 15 February 1983. All arrears of pay-related benefit due will be issued to him by means of a pay order this week for encashment at his local post office.

687.

asked the Minister for Social Welfare if he will confirm that a person (details supplied) in County Dublin has full cover under the social welfare code and in particular will qualify for maternity benefit in the current benefit year.

During the period July 1973 to 15 November 1980 the person concerned was employed in employment which was insurable at a modified rate of contribution and which gives cover for widows' and orphans' pensions, deserted wife's benefit and limited occupational injuries benefits. From 17 November 1980 she has been employed in employment which is insurable at the Class A rate of contribution and which gives cover for all the benefits and pensions available under the social insurance code. The payment of these benefits and pensions is subject to certain statutory conditions.

Details of contributions recorded in the Department since the person concerned first entered insurance on 12 July 1973 are as follows:

Contribution Year

Contributions

Contribution Year

Contributions

Contribution Year

Contributions

Paid Modified

Credited

Paid Modified

Credited

Paid Modified and A1

1973/74

51

1

1976/77

52

1979/80

52

Modified

1974/75

53

1977/78

52

1980/81

3319

,,Class A1

1975/76

52

1978/79

40

12

1981/82

52

Class A1

The contribution conditions for receipt of maternity benefit in the current benefit year are satisfied in the case of the person concerned.

688.

asked the Minister for Social Welfare if he will arrange to have unemployment assistance paid to a person (details supplied) in County Galway at the maximum rate.

To qualify for unemployment assistance at the maximum rate an applicant must be assessed with nil means. The person concerned applied for unemployment assistance on 22 December 1982 and as he was already the holder of a qualification certificate with weekly means assessed at 50 pence, he was paid unemployment assistance provisionally at the rate of £24.95, being the appropriate maximum weekly rate in his case of £25.45 less means 50 pence. Following a review of his means he was assessed with effect from 16 March 1983 with weekly means of £17.85 derived from capital and a half share in the family holding. His weekly rate of unemployment assistance was accordingly reduced to £7.60 being the maximum rate in his case, £25.45 less means £17.85 He was issued with an appeal form on 5 April 1983 and if he wishes to proceed with the appeal he should complete the form and return it.

689.

asked the Minister for Social Welfare the reason a contributory old age pension has not been paid to persons (details supplied) in Dublin 12 as he has very little income to live on and is due the pension for some weeks; and if he will arrange for it to be paid without further delay.

The person concerned reached age 66 years on 19 May 1983. His claim for old age contributory pension was received on 20 May 1983 and it has been awarded to him with effect from the latter date at the maximum personal rate of £40.25. His wife is already in receipt of a non-contributory old age pension at a rate which exceeds the amount of the adult dependant's allowance which would otherwise be payable to him.

A pension book, containing orders valid for payment from 20 May 1983 was issued to the designated post office on 13 June 1983 for collection by him and he has been notified accordingly.

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