asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Carlow.
Written Answers. - Social Welfare Benefits.
314.
The person concerned claimed disability benefit from 30 December 1981 and has been paid to date. He is being paid at £33.55 per week, appropriate reduced rate for a person with 43 contributions in 1981-82, the contribution year governing his claim.
In order to qualify for benefit at the maximum rate, the claimant would need to have at least 48 contributions paid or credited in the 1981-82 contribution year.
From 2 January 1984, when his claim is governed by the 1982-83 contribution year in which he has 52 contributions, he will be eligible for payment at the full rate of £34.80 per week.
315.
asked the Minister for Social Welfare the reason £300 has been withheld by his Department from a person (details supplied) in County Galway who is in receipt of social welfare assistance; and if he will give details of her social welfare allowance from the beginning of 1982 to date.
The person concerned was in receipt of supplementary welfare allowance pending the outcome of her appeal against the disallowance of her unemployment assistance claim. The amount of supplementary welfare allowance so paid had to be recouped to her local health board and accordingly a sum of £356.30 was withheld from the arrears of unemployment assistance which were due to her.
She received combined payments of flat-rate unemployment benefit and pay-related benefit at £27.33 weekly from 1 January 1982, £26.28 from 1 March 1982, £31.53 weekly from 5 April 1982 and £30.47 weekly from 31 May 1982 to 28 August 1982 when she exhausted her title to unemployment benefit when she received benefit for 390 days.
She was paid unemployment assistance from 30 August 1982 to 8 September 1982 at £25.45 weekly. Her unemployment assistance claim was disallowed from 9 September 1982 on the grounds that she was not available for work. She appealed against this disallowance but following oral hearings of her case the disallowance was upheld from 9 September 1982 to 30 November 1982. Her claim was allowed by an appeals officer at £25.45 weekly from 1 December 1982 increasing to £28.00 weekly from 29 June 1983 and increasing again to £29.40 from 5 October 1983.
Weekly payments of unemployment assistance of £29.40 continue to be made to her as they become due.
316.
asked the Minister for Social Welfare when unemployment assistance at the maximum rate will be paid to a person (details supplied) in County Cork.
The case of the person concerned was referred to a social welfare officer for a reinvestigation of his means. The social welfare officer made three calls at the residence of the applicant before being able to interview him and investigations are still being made in the matter. When these are completed his means will be reviewed and the rate of unemployment assistance payable to him will be determined accordingly.
In the meantime payments of unemployment assistance at £51.75 weekly continue to be made to him as they become due.
317.
asked the Minister for Social Welfare the position regarding the application for unemployment assistance for a person (details supplied) in County Galway.
The recent unemployment assistance claim of the person concerned has been allowed at the weekly rate of £12.35 being the maximum rate payable to him £48.35 less means £36.00. Means in his case were derived from the profit from land and they were determined by an appeals officer.
He is a postal applicant and arrangements have been made to issue to him an order for encashment at his local post office paying all arrears of unemployment assistance due this week.
Further weekly payments will be made as they become due.
318.
asked the Minister for Social Welfare the position regarding an application for an old age pension for a person (details supplied) in County Galway.
It was decided by an appeals officer on 26 September 1983 that the person concerned is not entitled to a non-contributory old age pension. His means, consisting of the weekly value of a holding, exceed the statutory limit.
319.
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 Wexford.
It was decided by an appeals officer on 22 June 1983 that the person concerned was entitled to an old age pension at the rate of £18.45 from 21 June 1982 increased to the maximum rate of £34.45 from 12 April 1983, when a transfer of a holding was effected. His means, comprising the weekly value of a holding and capital, entitle him to pension of only £18.45 a week prior to 12 April 1983.
His pension was increased to the new maximum rate of £38.60 a week from 1 July 1983.
320.
asked the Minister for Social Welfare the total amount of occupational injury benefit paid to a person (details supplied) in County Wexford; and if he received the correct amount.
The person concerned claimed disability benefit, not occupational injury benefit, from 6 February 1982, and was paid at the maximum appropriate rate for a single person, to 28 August 1982 after which date he was certified fit to resume work. He has not claimed benefit subsequent to 28 August 1982. The claimant was paid a total of £858.66 disability benefit and £561.82 pay-related benefit in respect of the period of incapacity. This amount represents all benefit due on his claim.
321.
asked the Minister for Social Welfare if he will arrange to have a non-contributory old age pension at the maximum rate paid to a person (details supplied) in County Kilkenny as the application has been made for some time.
It has been decided by the local pension committee that the person concerned is entitled to an old age pension at the rate of £36.60 from 28 December 1983, the date on which he will reach pension age. The social welfare officer is appealing against the committee's decision on the grounds that his means, consisting of half the weekly value of capital and income from casual employment and cattle dealing, do not permit payment of pension at a higher rate than £19.00 a week.
The case is being referred to an appeals officer for determination and the person concerned will be notified of the outcome in due course.
322.
asked the Minister for Social Welfare the reason disability benefit payments have been discontinued to a person (details supplied) in County Kilkenny as he has been out sick since 1981 and has forwarded medical evidence in support of his claim; and if he will expedite the holding of his appeal.
Payment of disability benefit to the person concerned was disallowed from 21 November 1983 following examination by a medical referee who expressed the opinion that he was capable of work.
The claimant has appealed against the decision to disallow payment and in order that the appeal may proceed he should submit medical evidence of incapacity for work subsequent to the date of disallowance of benefit. He has not done so to date.
If the claimant is admited to hospital in the near future he should submit medical evidence to this effect and he will be paid for the period of hospitalisation.
323.
asked the Minister for Social Welfare if arrears are due to a person (details supplied) in Dublin 1 for the periods 30 July to 12 September and 23 September to 23 November 1983; and the entitlements that are due to her as she was in receipt of separate social welfare payments from that of her husband against whom there is a barring order.
All disability benefit payable from 1 August 1983 to 12 November 1983 under the separate payments arrangements system were issued to the wife of the person concerned on 29 November 1983. Further payments have been made to date.
The reason for the delay in payment was due to the fact that no medical evidence was submitted for the period in question.
324.
asked the Minister for Social Welfare when a free telephone rental will be approved for a person (details supplied) in County Wexford.
The person concerned has been approved for free telephone rental allowance and a notification to this effect issued to her on 28 November 1983.
The Department of Posts and Telegraphs have been advised of the position and will arrange to apply the allowance from the date on which telephone service is provided.
325.
asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 12, who was available for work, has been told by her employment exchange (details supplied) that she is not available for work, when she maintains that she is; and if he will make a statement on the matter.
Entitlement to unemployment benefit is subject to the condition that an applicant must be available for work and to be deemed to be available for work an applicant must be making genuine efforts to find employment.
Following the completion of inquiries the unemployment benefit claim of the person concerned was disallowed on the grounds that she was making no efforts to find work and accordingly she was not available for work. She has appealed against the disallowance of her claim and her case has been referred to an appeals officer for determination. Her entitlement to unemployment benefit will be reviewed in the light of the decision of the appeals officer in her case.
326.
asked the Minister for Social Welfare the reason a widow's pension has not been paid to a person (details supplied) in County Dublin; and if she will benefit from the more enlightened recent review which is taking place in his Department.
Under Irish law a divorce which is effected or recognised as valid under the law of a foreign country in which the parties are domiciled is recognised as a valid divorce. Where such a divorce takes place, the parties are no longer regarded as married persons under Irish law. In this jurisdiction, the domicile of both parties is taken as being that of the husband. The divorce obtained by the late husband of the person concerned was therefore accepted as being valid and she cannot be regarded as his widow for the purpose of eligibility for widow's pension. She is however in receipt of single woman's allowance from the Department at the maximum rate since May 1982.
The review referred to by the Deputy related to a specific case in which the circumstances were different. In the present case the husband was domiciled outside the country when he obtained the divorce. The legal position in these circumstances is that the divorce is valid under Irish law and when the husband died the person concerned was not his legal widow. In the previous case the husband was at all times domiciled in Ireland and the divorce was obtained in England by his wife. In these circumstances the legal position is that the divorce is invalid under Irish law and when the husband died his wife was accordingly his legal widow.
327.
asked the Minister for Social Welfare when a free electricity allowance and a free television licence will be granted to a person (details supplied) in County Donegal.
An application for a free electricity allowance from the person concerned has been approved and he was notified accordingly on 14 September 1983. The ESB has confirmed that the allowance has been applied to his electricity account from the September/ October 1983 billing period onwards.
The person concerned is also entitled to a free television licence which he may obtain on application at his local post office.