Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Tuesday, 25 Oct 1983

Vol. 345 No. 3

Written Answers. - Social Welfare Benefits.

328.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 8 who applied for a deserted wife's allowance, approximately last May, completed all forms and complied with all the requests made of her, has now been told by his Department that her papers have been lost and has also been told to wait another week to complete the form again; and if he will deal with this case expeditiously so that she does not have to wait for another five months before receiving payment.

The person concerned applied for deserted wife's allowance/benefit on 24 June 1983.

One of the qualifying conditions for receipt of deserted wife's allowance/benefit is that the claimant must make reasonable efforts to trace her husband and prevail on him to contribute to her support. This condition had not been satisfied at the time the claimant was interviewed by a local officer of the Department on 25 July 1983. The requirements in this respect were explained to her and she promised to take the necessary action. Nothing was heard from her in this matter however and on 29 August 1983 she was requested by letter to notify the Department of the efforts she had made to obtain maintenance from her husband. No reply to this letter has been received to date. As soon as a reply is received the claim will be dealt with expeditiously. There was no question in this case of any papers being lost or of claimant being asked to complete a second application form.

329.

asked the Minister for Social Welfare if he will arrange to pay unemployment benefit to a person (details supplied) in County Cork.

To satisfy the condition of being available for work an applicant for unemployment benefit must be capable of work and genuinely trying to find work.

The unemployment benefit claim of the person concerned was disallowed on the grounds that she was not available for work. The disallowance of her claim was upheld by an appeals officer after an oral hearing of her appeal which took place on 19 October 1982.

Arrangements have been made to review her case and when inquiries have been completed her entitlement to unemployment benefit will be determined in the light of the outcome.

330.

asked the Minister for Social Welfare when the arrears of an old-age pension which was granted on 7 July 1983 at the rate of £35.15 per week will be paid to a person (details supplied) in County Cork; and the reason for the delay in payment.

The local pension committee decided on 13 September 1983 that the person concerned was entitled to an old age pension from 7 July 1983 at the weekly rate of £35.15. The appropriate pension book was issued on 21 October 1983 and the arrears due will issue later this week.

The delay in paying pension in this case arose because an instruction from the social welfare officer to put the pension into payment went astray in transit.

331.

asked the Minister for Social Welfare the reason disability benefit was not paid to a person (details supplied) in County Cork from 12 to 23 September 1983 and from 3 October 1983 to date; and when payment will be made.

The person concerned claimed disability benefit from 19 September 1983 and submitted an intermediate hospital certificate in support of his claim. All disability benefit due from 22 September 1983, fourth day of incapacity, to 17 October 1983, date of latest medical certificate received has been issued. He is also in receipt of pay-related benefit at the appropriate rate from 10 October 1983, nineteenth day of incapacity. The claimant has been advised to forward medical certificates or alternatively a statement from his employer giving the period of his absence from work since 1 September 1983. On receipt of a reply his claim will be reviewed.

332.

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

The person concerned originally claimed unemployment benefit at the Department's local office at Newbridge, County Kildare. Inquiries were initiated to ascertain why she left her employment and whether she fulfilled the conditions of being available for work. These inquiries were recently completed and her claim has been allowed at the rate of £31.15 weekly.

Arrangements have been made to commence weekly payments next week at the branch employment office, Dingle, where she is presently claiming and when the amount of supplementary welfare allowance which she received by way of advances pending a decision on her claim is known the balance of any arrears due will be paid.

333.

asked the Minister for Social Welfare the number of persons in receipt of small farmer's unemployment assistance under the notional system of assessment who were reviewed in 1983; and the number whose income was (a) increased, (b) decreased and (c) who lost all benefit under this scheme.

Up to the end of September 1983 the number of farmers in receipt of unemployment assistance under the notional method of means assessment whose means were reviewed on a factual basis in 1983 was 2,721 of whom (a) 602 had their payments increased; (b) 1,213 had their payments reduced; (c) 906 ceased to be entitled to unemployment assistance.

334.

asked the Minister for Social Welfare when unemployment assistance at the full rate will be paid to a person (details supplied) in County Cork.

The person concerned applied for a review of his means on 22 September 1983 and his case has been referred to a social welfare officer for investigation.

When the inquiries are completed his means will be reviewed in the light of the outcome and his rate of unemployment assistance will be determined accordingly. In the meantime weekly payments of unemployment assistance at £51.50 being the maximum rate £66.90 less means £15.40 continue to be made to him.

335.

asked the Minister for Social Welfare the reason disability benefit was not paid to a person (details supplied) in County Cork from 12 July 1983 to 23 August 1983 as he forwarded doctor's certificates for those weeks.

The person concerned claimed disability benefit from 13 July 1983 to 23 August 1983, after which date he was certified fit to resume work.

Payment of benefit was not however authorised as, according to the records of the Department, he has not the required minimum of 26 contributions paid or credited in 1981-82, the contribution year governing his claim.

His insurance record is being investigated by an inspector of the Department. When the investigation is completed his entitlement to benefit will be reviewed.

336.

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

The person concerned claimed unemployment assistance and his case was referred to a social welfare officer for investigation of his means.

Inquiries are still being made in the matter and when they are completed his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.

337.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Cork as she has been signing at Kilmallock since 13 June, 1983.

The person concerned, who is a postal applicant for unemployment assistance, has been assessed with nil means and she is accordingly entitled to unemployment assistance at the maximum rate payable to her £28.00 up to 13 September 1983 after which she ceased to prove unemployment.

An order for encashment at her local post office will issue to her representing the balance of any arrears due as soon as it is ascertained whether she received advances of supplementary welfare allowance pending a decision in her unemployment assistance claim.

338.

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

The unemployment assistance claim of the person concerned was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and an oral hearing of her case was arranged to take place on 6 September 1983. She did not attend the hearing and on the basis of the evidence available to him the appeals officer upheld the disallowance of her claim. She was issued with a notice of his decision on 7 September 1983. She ceased to prove unemployment after 6 September 1983.

339.

asked the Minister for Social Welfare the reason unemployment assistance was refused in the case of a person (details supplied) in County Cork as he was available for work, made every effort to obtain employment and had signed on with the National Manpower Service.

The application of the person concerned for unemployment assistance on 21 March 1983 was disallowed on the grounds that he was not available for employment. The applicant helps in the running of his father's farm. He appealed against the disallowance and the appeals officer, whose decision is final, upheld the deciding officer's decision in his case.

340.

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

Entitlement to pay-related benefit with flat-rate unemployment benefit is subject to the conditions that the total weekly flat-rate unemployment benefit, pay-related benefit and income tax rebate may not exceed 85 per cent of an applicant's average net weekly earnings.

The 85 per cent limit applicable to the person concerned is £76.18 and as the flat-rate unemployment benefit payable since 30 June 1983 is £82.50 weekly pay-related benefit is not payable in his case. He is, however, entitled to adjusting payment of pay-related benefit amounting to £5.90 in respect of the period 23 May 1983 to 29 June 1983 and arrangements have been made to include this sum with weekly flat-rate unemployment benefit due to him next week.

341.

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

The person concerned has been allowed unemployment assistance at the weekly rate of £55.55 being the appropriate maximum weekly rate in his case. All arrears due have been paid to him and weekly payments continue to be made as they become due.

342.

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

The person concerned is a landholder and an applicant for unemployment benefit. He did not satisfy the contribution condition of having 78 paid contributions in a three-year period but his claim was allowed pending an investigation of his income derived from his land. Following the completion of inquiries which revealed that the value of his holding exceeded £2.00 per day his unemployment benefit claim was disallowed with effect from 6 July 1983.

He appealed the case but an appeals officer upheld the value of his holding as determined by a deciding officer and the disallowance of his unemployment benefit claim continues to stand.

He ceased to prove unemployment after 30 August 1983.

343.

asked the Minister for Social Welfare the reason for the delay in paying unemployment assistance to a person (details supplied) in County Carlow as he has been signing for over ten weeks.

The application of the person concerned for unemployment assistance was disallowed for six weeks from 10 August 1983 on the grounds that he was not genuinely seeking and unable to obtain suitable employment. He appealed against the disallowance and his case has been referred to an appeals officer for determination. In the meantime following inquiries his application for unemployment assistance has been allowed from 21 September 1983. All arrears due from that date will be paid to him this week and weekly payments will continue to be made as they become due.

344.

asked the Minister for Social Welfare if deserted wife's benefit will be paid to a person (details supplied) in County Carlow as soon as possible.

A qualifying condition for receipt of deserted wife's allowance/benefit is that the claimant's husband must have left her of his own volition. The circumstances of the case were investigated in detail and the investigations showed that this condition was not satisfied. A further condition for entitlement is that the claimant must have made and must continue to make reasonable efforts within the means available to her to prevail on her husband to contribute to the support and maintenance of herself and her children. It is clear from the investigations that the husband of the claimant has substantial means and his whereabouts are known to the claimant. In these circumstances there is an obligation on the claimant to take all necessary steps including legal proceedings to obtain continuing maintenance from her husband. It emerged from the investigations of the case that she was not disposed to do this. The deciding officer accordingly held that the claimant was not entitled to payment. She appealed against the decision and an oral hearing of her appeal was held. The appeals officer, however, upheld the decision to disallow the claim.

Following receipt of the Deputy's recent representations on behalf of the claimant, the case was again referred to the appeals officer concerned for further consideration. In his opinion, however, the representations did not contain any new evidence which would warrant a review of his decision.

345.

asked the Minister for Social Welfare if he will arrange to have either a contributory or non-contributory old age pension paid to a person (details supplied) in County Kilkenny.

The person concerned does not qualify for a contributory old age pension as she has no record of insurable employment since 1953 and, therefore, does not satisfy the condition which requires her to have a yearly average of at least 20 contributions over the period 6 July 1953 to 30 June 1971, i.e. the end of the last complete contribution year before she reached pension age. She was notified accordingly.

The claim for old age non-contributory pension is currently under investigation and when inquiries have been completed, it will be referred to the local pension committee for decision. The pensioner's brother who has been appointed agent on her behalf will be notified of the outcome.

346.

asked the Minister for Social Welfare the reason for the long delay in having a decision made on the disability benefit appeal of a person (details supplied) in County Waterford.

The person concerned was advised on 18 July 1983 of the disallowance of benefit following his examination by a medical referee who expressed the opinion that he was capable of work. He was also informed of his right of appeal and on 11 August 1983 a letter was received from his solicitors appealing on his behalf. In connection with his appeal he was again referred for examination by a different medical referee who, following an examination on 20 September 1983, also considered him to be capable of work. He was notified of the result of the examination the following day and supplied with an appeal form on which to set out the grounds of his appeal. To date this form has not been returned. On receipt of the completed form his case will be referred to an appeals officer for determination.

347.

asked the Minister for Social Welfare the reason unemployment assistance has not been paid to a person (details supplied) in County Kilkenny who has been signing on the unemployment register for the past two years.

Having previously had his qualification certificate revoked in October 1981 because he had refused to disclose the full extent of his means, a further application in October 1982 was also rejected by a deciding officer on similar grounds. He appealed against this decision and, following his agreement to co-operate fully with the review of the case, a deciding officer assessed him with means of £41.00 per week from 15 October 1982 derived from his disablement pension and from his self-employment as a fisherman and fixing cars. He is now in receipt of unemployment assistance at the weekly rate of £41.95 being the maximum amount of £82.95 appropriate in his case less his means of £41.00. Any arrears due to him will be paid after supplementary welfare allowance due to be refunded to the health board has been paid.

348.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Dublin having regard to the fact that all certificates and documentation were furnished by him some weeks ago.

The person concerned claimed disability benefit from 5 October 1983 and submitted an initial certificate of incapacity. Further certificates are required setting out the period of incapacity before payment can be made. These have not so far been received.

Following receipt of the Deputy's question, the claimant has been requested to submit further medical certificates, on receipt of which his claim will be reviewed.

349.

asked the Minister for Social Welfare the reason pay-related benefit was not paid to a person (details supplied) in County Meath.

Entitlement to pay-related benefit with flat-rate unemployment benefit is subject to the condition that the weekly sum of pay-related benefit, flat-rate unemployment benefit and income tax rebate may not exceed 85 per cent of the net average weekly earnings of an applicant. The 85 per cent limit applicable to the person concerned was £88.27 and as he was in receipt of flat-rate unemployment benefit at £81.25 during the period of his claim from 12 May 1983 to 30 September 1983, the rate of pay-related benefit payable to him was £7.02 weekly. All pay-related benefit due to him has accordingly been paid.

350.

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

The person concerned claimed dental benefit on 23 July 1983. According to the records of the Department he had a total of 41 contributions at PRSI Class J1. These contributions provided cover for occupational injuries benefit only and are not reckonable for dental benefit. Contributions at this rate were payable because the employment was for less than 18 hours a week and such employment is insurable at the Class J rate where the person is not mainly dependent on the remuneration received from it. His employers have now confirmed that the nature of the employment changed with effect from 6 May 1982 and that contributions at Class A1 which give cover for all benefits have been paid on his behalf since then. Therefore, he is now entitled to dental benefit and both he and his dentist have been notified.

351.

asked the Minister for Social Welfare the reason for the long delay in paying unemployment assistance to a person (details supplied) in County Kerry.

The person concerned was previously in receipt of unemployment assistance on the basis of a notional assessment of his means. Arising out of a High Court decision that the notional assessment of means was unconstitutional his case was referred to a social welfare officer for a factual assessment of his means. Following the completion of inquiries his means, derived from the income of his land, were assessed as being in excess of the statutory limit and his unemployment assistance claim was disallowed.

He appealed against the disallowance and his case was referred to an appeals officer for determination. The appeals officer reduced the assessment of means to £48.00 weekly and he is accordingly entitled to unemployment assistance at £15.75 weekly increasing to £18.90 from 5 October 1983.

Weekly payments continue to be made to him as they become due.

352.

asked the Minister for Social Welfare the reason for the extraordinary long delay in paying arrears of disability benefit to a person (details supplied) in County Kerry having regard to the fact that recent X-rays showed him to be physically unfit to do any work.

The person concerned claimed disability benefit from 22 July 1983 to 21 September 1983, date of the latest medical evidence received. Payment of benefit was not, however, authorised as, according to the records of the Department, he has less than the required minimum of 26 contributions, paid or credited, in 1981-82, the contribution year governing his claim.

He was requested, on 24 August 1983, to submit details of his insurable employment in the 1981-82 year but no reply has been received to date. A further request was issued on 21 October 1983 and on receipt of a reply his claim will be reviewed.

353.

asked the Minister for Social Welfare the reason an old age pension at the maximum rate is not being paid to a person (details supplied) in County Kerry since May, 1983 from the date on which it was approved by the local old age pension committee at the full rate.

Old age pension of £21.75 a week was in payment on a provisional basis to the person concerned from 18 January 1983 pending to the local pension committee's decision on his claim. This was the rate appropriate to the assessment of his means comprising half the weekly value of part of his holding which he had then retained for his own use.

By subsequent deeds of transfer, he transferred the remainder of his holding to members of his family and the social welfare officer revised the assessment of his means from the date of these transfers. The committee decided on 17 May 1983 that the person concerned was entitled to a pension of £14.45 plus £7.30 adult dependant allowance from 18 January 1983 and at the maximum rate of £34.45 plus £17.30 adult dependant allowance from 10 March 1983.

A supplementary pension book at the appropriate rate has now been issued and the arrears due are in the course of issue. The delay in paying the balance of pension due to the person concerned was due to an oversight and is regretted.

354.

asked the Minister for Social Welfare the reason for the long delay in issuing a duplicate free travel card to a person (details supplied) in County Kerry having regard to representations made by Deputy John O'Leary on numerous occasions.

The pensioner's free travel pass was confiscated by a C.I.E. official when he discovered the pass being irregularly used by the pensioner's wife. The circumstances in which the pass came to be irregularly used had to be investigated before a replacement pass could be issued. This investigation has now been completed and a replacement pass was issued to the pensioner on 21 October 1983.

355.

asked the Minister for Social Welfare if he will issue a duplicate disability benefit cheque to a person (details supplied) in County Kerry as he did not receive the cheque in question.

The person concerned has been in receipt of disability benefit since 30 October 1980 and is currently paid to 29 October 1983 at the maximum appropriate rate.

The non-receipt of the cheque which issued on 1 October 1983 was not reported to the Department. A form of indemnity was issued to the claimant on 21 October 1983 and on its return to the Department, duly completed, replacement action will be considered.

356.

asked the Minister for Social Welfare the reason for the delay in calling a person (details supplied) in County Kerry before an independent medical referee in connection with his appeal against the decision of his Department that he is only partially disabled; and if he will make a statement on the matter.

The person concerned was notified on 30 June 1983 of the decision to disallow payment of disability benefit following his examination by a medical referee who considered him to be capable of work. He was also advised of his right of appeal. The Deputy's representations dated 25 July 1983 were accepted as an appeal on his behalf and arrangements were made to have him examined by a different medical referee. This examination has now taken place and the previous finding has been upheld.

An appeal form has been issued to the claimant and he has been advised to return the form setting out the grounds for his appeal if he wishes his case to be referred to an appeals officer for determination.

The claimant was awarded a provisional disablement gratuity of 15% from 4 February 1983 to 3 June 1984 following his examination by a medical referee on 3 June 1983. His disablement benefit claim will be reviewed again in June 1984.

357.

asked the Minister for Social Welfare the reason there was an overpayment of unemployment assistance to a person (details supplied) in County Kerry which has resulted in £7 per week being deducted from his present payment and if he will make a statement on the matter.

The person concerned has been in continuous receipt of unemployment assistance since 13 May 1974. During the period 2 April 1980 to 24 May 1983 he was paid at an incorrect weekly rate of assistance which resulted in an overpayment of £600.00. To recover the overpayment a deduction of £3.00 weekly from 1 June 1983 was arranged. Following a review of the case the deduction was increased to £7.00 weekly from 6 September 1983.

The person concerned is at present qualified for unemployment assistance £28.40 weekly being the maximum rate payable £29.40 less £1.00 means assessed against him. Arrangements are being made to have the amount of the deduction reviewed with a view to providing a more favourable adjustment for the applicant.

358.

asked the Minister for Social Welfare if he will pay a maternity benefit to a person (details supplied) in County Kerry whose confinement took place on 6 August, 1981 and who through ill-health did not claim payment until 23 August 1983; and if he will accept a late application on health and compassionate grounds.

Under the regulations payment of benefit cannot be made in respect of a period more than six months before the date of receipt of a claim. The claim in question was two years late and it is regretted that the statutory limitation precludes acceptance of a claim at this stage.

359.

asked the Minister for Social Welfare the reason for the long delay in paying unemployment assistance to a person (details supplied) in County Kerry.

According to the records of the Department the person named in the details supplied by the Deputy has been in continuous receipt of weekly unemployment assistance since January 1975. He is at present in receipt of weekly payment at £27.40 being the maximum weekly rate payable to him £29.40 less £2.00 means derived from the value of board and lodgings.

360.

asked the Minister for Social Welfare if he is aware of the fact that non-nationals are applying for unemployment assistance immediately after their arrival in Ireland and the procedure being adopted by his Department in such cases.

Non-nationals may apply for unemployment assistance at any time after they become resident in the State on the same conditions as nationals. The procedure adopted by my Department in determining applications for unemployment assistance, whether by nationals or non-nationals is exactly the same.

361.

asked the Minister for Social Welfare the reason for the long delay in restoring unemployment assistance to a person (details supplied) in County Kerry; and when his appeal will be decided by the appeals officer.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from a factual assessment of his holding exceed the statutory limit.

He appealed against the disallowance and an oral hearing of his case was arranged to take place on 28 July 1983. At the instruction of the appeals officer the case was referred again to a social welfare officer to obtain additional details of his means. However when the social welfare officer called on him, the applicant failed to co-operate by refusing to sign a bank authority to reveal details of his bank accounts.

The case was referred again to the appeals officer who upheld the disallowance. However if the applicant is prepared to co-operate with the social welfare officer and to furnish the required information his appeal will be re-opened by the appeals officer.

362.

asked the Minister for Social Welfare the number of small farmers in receipt of assistance from his Department on 1 January 1982 and 1983 and at the latest date for which figures are available.

The number of farmers in receipt of unemployment assistance on 1 January 1982 was 19,951; on 1 January 1983, 20,554 and on 30 September 1983, 18,970.

363.

asked the Minister for Social Welfare when a new children's allowance book will be issued to a person (details supplied) in County Wexford.

Children's allowance was paid to the claimant in respect of the child in question up to and including June, 1983 on the basis of a certificate certifying her attendance at school up to that date. An application for a continuation of the allowance was received on 16 September 1983. Children's allowance at the rate of £11.25 per month has been awarded in respect of the child from July 1983 to October 1983 inclusive. An allowance book payable for September and October 1983 has been issued direct to the claimant's home address and a payable order in respect of arrears due is in the course of issue.

As the child in question reached eighteen years of age in October 1983 no further allowance is payable beyond that date.

364.

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

The claim of the person concerned for an increase in her old age pension is under investigation at present. On completion of the inquiries it will be referred to the local pension committee for decision. If an increase in the rate of pension is recommended by the social welfare officer it will be put into payment on a provisional basis pending the pension committee's decision.

365.

asked the Minister for Social Welfare the reason an old age pension at the maximum rate is not being paid to a person (details supplied) in County Clare.

It has been decided by an appeals officer that the person concerned was entitled to old age pension at the reduced weekly rate of £24.45 from 1 June 1982 which increased to £28.60 from 1 July 1983. This is the rate appropriate to the assessment of her means consisting of half the weekly value of her husband's earnings from self-employment and half the weekly value of capital.

366.

asked the Minister for Social Welfare the reason an old age pension at the maximum rate is not being paid to a person (details supplied) in County Clare.

It has been decided by an appeals officer that the person concerned is entitled to old age pension at the rate of £24.45 per week from 1 June 1982 which increased to £28.60 from 1 July 1983. This is the rate appropriate to the assessment of his means, consisting of half his weekly earnings from self-employment and half the weekly value of capital. He is currently in receipt of pension at this rate.

367.

asked the Minister for Social Welfare the reason social assistance has not been paid to a person (details supplied) in County Clare since 9 September 1983 as he is married with six dependent children.

Arising out of a High Court decision that the national system of assessing means on the basis of land valuation was unconstitutional the case was referred to a social welfare officer for a factual investigation of his means. Following the completion of inquiries his means, derived from land, were assessed as being in excess of the statutory limit and his unemployment assistance claim had to be disallowed.

He appealed against the disallowance and his case is being referred to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

368.

asked the Minister for Social Welfare the reason farmers dole has been withdrawn in the case of a person (details supplied) in County Clare as he is a married man with dependent children.

Arising from a ruling of the High Court that the PLV system was unconstitutional the continued use of the national method of assessment of means for unemployment assistance is no longer regarded as lawful. However, existing recipients continue to retain their present entitlement pending a re-investigation of their means on a factual basis.

The person concerned was in receipt of unemployment assistance on the basis of a notional assessment of his means and his case was referred to a social welfare officer for reinvestigation. Following the completion of inquiries his means were assessed as being in excess of the statutory limit with effect from 5 October 1983. Means were derived from land factually assessed and from capital.

He recently lodged an appeal at his local office against the amount of means assessed against him and arrangements are being made to have his case referred to an appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

369.

asked the Minister for Social Welfare when either disability benefit or a pension at the maximum rate will be paid to a person (details supplied) in County Clare as he is married with one dependent child.

The person concerned is in receipt of a disablement pension at the weekly rate of £21.24. He has also been in receipt of disability benefit since August 1982 and payments issued to 1 August 1983 when they were temporarily suspended following confirmation that he was also claiming unemployment assistance at his local employment exchange. Payment of disability benefit in lieu of unemployment assistance was resumed from 5 October 1983 and he is currently paid to 29 October 1983. Deductions of £10 a week are being withheld from his current entitlement to offset the overpayment of unemployment assistance.

370.

asked the Minister for Social Welfare when unemployment assistance at the maximum rate will be paid to a person (details supplied) in County Clare as he appealed over three months ago.

The person concerned is at present in receipt of unemployment assistance at £12.45 weekly being the maximum rate payable to him £73.60 less means £61.15.

He appealed against the amount of means assessed against him. However the relevant papers went astray in postal transit between the Department's headquarters and the local office dealing with the claim. In the meantime, to enable his appeal to be dealt with arrangements have been made for an immediate re-investigation of his case by a social welfare officer after which the matter will be referred to an appeals officer for determination.

371.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Clare as he appealed the decision to disallow it over six weeks ago.

An appeals officer reduced the amount of means assessed against the person concerned to £36 weekly. He is accordingly entitled to unemployment assistance at £19.55 weekly increasing to £22.30 from 5 October 1983. All arrears due were paid on 7 October 1983 and further weekly payments at £22.30 representing the maximum rate payable to him £58.30 less means, will be paid as they become due.

372.

asked the Minister for Social Welfare if a non-contributory old age pension will be issued to a person (details supplied) in County Wexford.

The old age pension claim of the person concerned was disallowed by the local pension committee on 29 June 1983 on the grounds that her means were not fully disclosed. An appeal against the committee's decision was referred to an appeals officer who has deferred his decision in order to afford the claimant an opportunity to furnish the additional information requested by the social welfare officer. When this information is received the matter will again be referred to the appeals officer and the person concerned will be notified of the outcome.

373.

asked the Minister for Social Welfare if unemployment assistance will be paid to a person (details supplied) in County Wexford.

The person concerned applied for unemployment assistance on 9 May 1983. Following inquiries his application was allowed at £15.75 a week being the appropriate maximum weekly rate in his case of £63.75 less means of £48 derived from self-employment as a plumber. From 29 June 1983 the weekly payment was increased to £22.15 (£70.15 less means £48). All arrears of unemployment assistance due are proper to be refunded to the health board in respect of supplementary welfare allowance which the applicant's adult dependant was receiving. Weekly payments of £22.15 will continue to be made as they become due.

374.

asked the Minister for Social Welfare if unemployment and pay-related benefits at the maximum rate will be paid to a person (details supplied) in County Wexford.

Following the completion of inquiries the claim of the person concerned to unemployment benefit on 12 September 1983 was authorised from that date at the appropriate maximum weekly rate in his case of £65.60.

Under the regulations the sum of flat rate unemployment benefit, pay-related benefit and any income tax rebates payable may not exceed 85 per cent of the claimant's net average weekly earnings. In the case of the person concerned the 85 per cent limit is £42.68. He is not therefore entitled to pay-related benefit. Weekly payments of £65.60 flat rate unemployment benefit continue to be made as they become due.

375.

asked the Minister for Social Welfare when a widow's contributory pension at the maximum rate will be paid to a person (details supplied) in County Wexford.

The person concerned is in receipt of a widow's contributory pension at the rate of £40.25 per week. This is the maximum amount payable to a widow over 66 and under 80 years of age with no qualified children, based on her late husband's insurance record which produced an annual average of 40 contributions. To qualify for full-rate pension (£41.40) an average of 48 or more contributions is required. The payment to the widow in this case was, however, reduced recently when it came to light that she was incorrectly in receipt of a living alone allowance of £2.70 per week for which she was not qualified as she is not living alone.

376.

asked the Minister for Social Welfare if he will arrange to pay unemployment benefit at the rate of two and a half days per week to a person (details supplied) in County Kerry and other employees of a firm (details supplied) in County Kerry who are on a three day week, having regard to the fact that they are agricultural employees working five and a half days each week.

Entitlement to unemployment benefit is subject to the condition that the number of days worked by systematic short-time workers and the number of days in respect of which unemployment benefit is payable may not exceed five. The person concerned, with other employees of the firm named in which he is employed, is engaged in systematic short-time employment on three days each week and his entitlement to unemployment benefit is therefore restricted to two days of payment.

377.

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

The person concerned was in receipt of unemployment assistance at the appropriate maximum weekly rate in her case of £28 until 30 August 1983 when payment was suspended on the grounds that she was not available for employment. Her application is at present under review and a decision as to her further entitlement to unemployment assistance will be given shortly.

378.

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

The entitlement of the person concerned to unemployment benefit could not be determined until inquiries were completed to establish that his employment during a period from 12 April 1983 to 15 July 1983 was insurable at a class of contribution which provided cover against unemployment. The investigations were recently completed and his claim was allowed at the rate of £57.35 weekly. Arrangements have been made to pay all arrears due this week, less advance of supplementary welfare allowance which were paid to him pending a decision on his case. Further weekly payments will be made as they become due.

379.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Westmeath as he is in an extremely straitened economic position.

The person concerned claimed unemployment assistance on 12 August 1983 and his case was referred to a social welfare officer for investigation of his means. Following the completion of inquiries he was assessed with means in excess of the statutory limit and his claim was disallowed. Means were derived from self-employment as a welder. He appealed against the amount of means assessed against him but an appeals officer upheld the decision to disallow his claim.

380.

asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Laois for the period 31 March to date.

The person concerned claimed disability benefit from 7 March 1983. He failed to satisfy the statutory qualifying condition which requires the claimant to have not less than 26 employment contributions paid since he entered insurance. In error he was paid disability benefit in respect of the period to 30 March 1983.

He was paid injury benefit under the occupational injuries benefit scheme for the maximum period of 26 weeks, to 19 March 1981, in respect of an incapacity resulting from an occupational accident on 19 September 1980. He was also paid disablement benefit for the period from 20 March 1981 to 17 March 1983.

He failed to attend a medical examination arranged for 22 October 1982 to review the degree of his disablement. He also failed to give any reply as to the reasons for his non-attendance and the claim to disablement benefit was accordingly deemed to have been withdrawn.

He applied to have his claim to disablement benefit re-opened on 12 September 1983. Arrangements have been made for him to be medically examined on 7 November 1983. His claim will be reviewed in the light of the result of the examination.

A disablement pensioner who is not qualified for receiving disability benefit may be entitled to unemployability supplement in lieu. The claimant was issued a claim form for the supplement in October 1981. The completed form has now been received and his entitlement to the supplement will be considered in conjunction with his disablement benefit claim.

381.

asked the Minister for Social Welfare the reason for the delay in paying arrears of unemployment benefit to a person (details supplied) in County Laois.

The person concerned does not fulfil the contribution condition for entitlement to unemployment benefit during the relevant contribution period 6 April 1981 to 5 April 1982 and accordingly his claim had to be disallowed. He is not eligible for unemployment assistance as his application for a qualification certificate was disallowed on the grounds that he failed to furnish details of his means. The disallowance was upheld by an appeals officer.

However, he has applied for a review of his means and arrangements are being made to have his case re-investigated by a social welfare officer. When inquiries are completed the assessment of his means will be reviewed and his entitlement to unemployment assistance will be determined accordingly.

382.

asked the Minister for Social Welfare if he will immediately arrange for arrears of unemployment benefit to be paid to a person (details supplied) in County Laois, as he was at all times available for work and has now returned to his former employment.

The unemployment benefit claim of the person concerned was disallowed from 18 May 1983 on the grounds that he did not fulfil the condition of being available for work from that date. He appealed against the disallowance but an appeals officer upheld the decision following an oral hearing of the case on 4 October 1983. The decision of the appeals officer is final in the absence of fresh facts or new evidence.

383.

asked the Minister for Social Welfare the reason for the reduction in small holder's allowance being paid to a person (details supplied) in County Galway.

The person concerned was in receipt of unemployment assistance at £19.25 weekly on the basis of means assessed on the notional valuation of her land. Following a recent review of her case she was factually assessed at £15.35 weekly with effect from 14 September 1983 and accordingly the rate of unemployment assistance payable was £12.65 weekly increased to £14.05 from 5 October 1983 when the rates were increased for long-term recipients. She has appealed against the amount of means assessed against her and arrangements are being made to have her case determined by an appeals officer. The rate of unemployment assistance payable to her will be reviewed in the light of the decision of the appeals officer.

384.

asked the Minister for Social Welfare the position regarding an appeal for unemployment benefit by a person (details supplied) in County Galway.

An oral hearing of the appeal of the person concerned against the disallowance of her unemployment benefit claim took place on 28 September 1983. The appeals officer upheld the decision in her case that she was not available for work. She continues to sign as unemployed and her entitlement to unemployment benefit from 29 September 1983 will be reviewed when inquiries have been made as to her present circumstances.

385.

asked the Minister for Social Welfare the reason for the reduction in small holder's assistance from £52.15 to £3.40 per week in the case of a person (details supplied) in County Galway.

The person concerned was formerly in receipt of unemployment assistance at £52.15 weekly with means assessed on the notional value of his holding. His case was reviewed and following an investigation by a social welfare officer his means were factually assessed at £76.90 weekly derived from land and from capital. He is accordingly being paid unemployment assistance at £3.40 being the maximum rate payable to him £80.30 less means £76.90. It is open to him to appeal against the amount of means assessed against him and to have his case determined by an appeals officer. A form for this purpose may be obtained at his local office.

386.

asked the Minister for Social Welfare the reason an old age pension has not been granted to a person (details supplied) in County Galway.

It has been decided by an appeals officer that the person concerned is not entitled to an old age pension on the grounds that his means have not been fully disclosed. He was requested to account for the disposal of capital and to furnish details of a bank account and has failed to do so.

387.

(Limerick West) asked the Minister for Social Welfare the reason unemployment assistance is being discontinued in the case of a person (details supplied) in County Limerick.

It is presumed that the Deputy's question refers to a person with a different Christian name but of the same address stated in the details supplied. This person claimed unemployment assistance following the exhaustion of his entitlement to unemployment benefit on the completion of 390 days on 7 May 1983. His case was referred to a social welfare officer for investigation of his means. The social welfare officer called to his address on several occasions and notified him by post of dates on which he was calling but the applicant did not make himself available for interview. Subsequently his means were determined as being in excess of the statutory limit by reason of his failure to furnish details of his income. He is accordingly not entitled to unemployment assistance.

388.

asked the Minister for Social Welfare the position regarding the payment of unemployment benefit to a person (details supplied) in County Westmeath; and when her appeal will be held.

The person concerned claimed unemployment benefit from 12 May 1983 but her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and attended an oral hearing of her case on 12 September 1983. The appeals officer upheld the disallowance.

She again claimed unemployment benefit from 27 September 1983 and following the completion of inquiries her claim was disallowed on the grounds that by reason of being available for part-time work only she was not available for work for purposes of her unemployment benefit claim and accordingly her claim was disallowed. It is open to her to appeal against this further disallowance but she has not so far done so.

389.

asked the Minister for Social Welfare the reason disability benefit at the maximum rate was not paid to a married person with a family (details supplied) in County Kerry in respect of the weeks ended 27 September, 4 October and 11 October 1983.

The person concerned claimed disability benefit from 20 July 1983 and was paid from 23 July 1983, fourth day of incapacity, at the maximum rate appropriate to a married man with two qualified children. Pay-related benefit at the appropriate rate is also being paid. All benefit due to 18 October 1983 has been issued. Some payments were late in being issued due to delay in receipt of medical certificates in the Department.

390.

asked the Minister for Social Welfare when unemployment benefit will be paid under EEC regulations to a person (details supplied) in County Kerry; and if he will make a statement on the matter.

The entitlement of the person concerned to unemployment benefit could not be determined until details of his British contribution record were received and inquiries made to establish that his employment since his return to this country was insurable at a class of contribution which provided cover against unemployment. All inquiries have now been completed and his claim is allowed at the maximum rate payable to him £74.85 weekly. Arrangements have been made for the immediate payment of unemployment benefit to him less the amount of unemployment assistance which was advanced to him pending a decision on his unemployment benefit claim.

391.

asked the Minister for Social Welfare when a non-contributory pension at the maximum rate will be paid to a person (details supplied) in County Clare.

It was decided by the local pension committee that the person concerned was entitled to an old age pension at the maximum rate from 10 October 1982. The social welfare officer appealed against the pension committee's decision on the grounds that assessment of the claimant's means, consisting of half the estimated weekly value of her husband's earnings from self-employment, did not warrant payment of a maximum rate pension.

The case was referred to an appeals officer who has requested further information before giving his decision. The pensioner will be notified of the outcome in due course. Meanwhile, pension at the rate of £14.60 is in payment pending the appeals officer's decision. This is the rate appropriate to the assessment of her means.

392.

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

Entitlement to unemployment benefit is subject to the condition that an applicant must be available for, capable of and genuinely seeking employment. Inquiries to establish that the person concerned fulfils the condition of being available for work are still being made. It is expected that the inquiries in her case will be completed shortly after which her entitlement will be determined as quickly as possible.

393.

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

Entitlement to unemployment benefit is subject to the condition that to be available for work an applicant must be genuinely seeking employment. Following the completion of inquiries the unemployment benefit claim of the person concerned was disallowed on the grounds that by reason of not genuinely seeking work he was not available for work from 16 August 1983. He has appealed against the disallowance and arrangements are being made to have his case determined by an appeals officer. His entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer.

394.

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

Following the completion of inquiries to establish that the person concerned fulfilled the conditions for entitlement to unemployment benefit his claim was allowed at the maximum weekly rate of £34.80 and all arrears due were paid on 21 October 1983. Weekly payments will continue to be made to him as they become due.

395.

asked the Minister for Social Welfare when a widow's pension will be paid to a person (details supplied) in County Donegal.

The person concerned whose husband died on 8 July 1983 has been awarded a widow's contributory pension at the weekly rate of £40.60 with effect from 19 August 1983. This is the maximum rate of pension payable to a widow under 66 years with no qualified child.

Her husband had been in receipt of unemployment assistance of £48.35 per week which included an increase in respect of his wife and she is entitled to receive this payment for six weeks after his death, in place of widow's pension. Arrangements are being made to pay arrears of unemployment assistance to her for the six weeks in question.

A widow's pension book with orders payable from 7 October 1983 has been sent to the designated post office for collection by her and she has been notified accordingly. The arrears of pension for the period from 19 August 1983 to 6 October 1983 will be issued direct to her shortly by payable order.

Claimant's late husband was also employed in the United Kingdom and the relevant papers have been forwarded to the Department of Health and Social Security, Newcastle-upon-Tyne, in order to have her title to a British pension considered. That Department will notify her of the outcome.

396.

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

The person concerned is being paid disability benefit at regular weekly intervals and payment has been made to 29 October 1983. Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. Accordingly, arrangements are being made to have him examined by a medical referee on 3 November 1983. His entitlement to the pension will be reviewed in the light of the report of that examination.

397.

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

The person concerned is being paid disability benefit at regular weekly intervals and payment has been made to 28 October 1983. A form on which to claim invalidity pension has been forwarded to him and on its return, duly completed, the claim will be dealt with without delay.

398.

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

The person concerned has been in receipt of disability benefit since 12 April 1982 and payment is being made at regular weekly intervals. Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned is being considered for invalidity pension and in this connection arrangements are being made to have him examined by a medical referee on 8 November 1983. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

399.

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

The person concerned is being paid disability benefit at regular weekly intervals and payment has been made to 29 October 1983. Invalidity pension is payable in place of disability benefit to insured persons who satisfy the contribution conditions and who are permanently incapable of work. Accordingly, arrangements are being made to have him examined by a medical referee on 3 November 1983. His entitlement to invalidity pension will be reviewed in the light of the report of that examination.

400.

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

The regulations provide that the claimant, apart from satisfying the contribution conditions, must be regarded as permanently incapable of work, in order to qualify for invalidity pension. The person concerned was examined on 19 October 1983 by a medical referee who expressed the opinion that he was not permanently incapable of work and asked to have him referred again for a further examination in four months' time. His entitlement to invalidity pension will be reviewed in the light of this further examination. In the meantime he continues to receive disability benefit at the maximum rate of £65.60 appropriate to a married man who has one qualified child.

401.

asked the Minister for Social Welfare when it is proposed to resolve an old age pension problem for a person (details supplied) in County Donegal.

Payment of pension to the person concerned has been suspended from 1 July 1983 on the grounds that she is resident outside the State. If she resumes residing in the State she may apply to have payment of pension restored to her. Her title will then be examined and she will be notified of the outcome.

402.

asked the Minister for Social Welfare the position regarding the payment of unemployment assistance to a person (details supplied) in County Westmeath.

The person concerned has been in receipt of unemployment assistance since 21 January 1983. He was originally assessed with means of £60 derived from self-employment as a chimney sweep. He appealed against the amount of means assessed against him and an appeals officer reduced the amount of means to £40 weekly. Weekly payments at £30.15 being the maximum weekly rate payable to him £70.15 less means £40 continue to be made to him as they become due.

Barr
Roinn