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Dáil Éireann díospóireacht -
Tuesday, 7 Feb 1984

Vol. 347 No. 9

Written Answers. - Social Welfare Benefits.

386.

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

The entitlement of the person concerned to unemployment benefit could not be determined until inquiries to establish whether he fulfilled the condition of being available for work were completed. He was last employed in 1975 and in receipt of disability benefit from 1975 to 18 August 1980 unemployment benefit from 19 August 1980 to 9 January 1981 and disability benefit from 12 January 1981 to 4 December 1983.

Following the completion of inquiries his unemployment benefit claim was allowed at £74.85 weekly from 5 December 1983 reducing to £65.15 from 11 January 1984 as he did not satisfy the condition of having 280 paid contributions in a seven year period after the 156th day of receipt of unemployment benefit. All arrears due were paid on 6 January 1984 and further weekly payments of £65.15 weekly continue to be made to him as they become due.

387.

(Limerick West) asked the Minister for Social Welfare if an increased rate of unemployment benefit will be paid to a person (details supplied) in County Limerick.

The person concerned claimed unemployment assistance following the exhaustion of his title to unemployment benefit on 21 November 1983 when he completed 390 days. Following re-investigation by a social welfare officer, his means were assessed at £39.70 weekly from 22 November 1983. The means are derived from benefit from his wife's earnings and from capital. He is accordingly entitled to unemployment assistance at £11.05 a week from 22 November 1983 and payment is continuing at this rate. He has appealed against the amount of means assessed against him and the case is being referred to an appeals officer for consideration. His rate of unemployment assistance will be reviewed in the light of the appeals officer's decision.

388.

asked the Minister for Social Welfare the reason unemployment benefit has been refused to a person (details supplied) in County Tipperary; when it will be rectified; when she will be paid; and the amount that will be paid.

Availability for work is a condition of entitlement to unemployment benefit and to fulfil this condition an applicant must be capable of, available for and genuinely seeking employment. The person concerned was in receipt of disability benefit from 13 October 1983 to 25 October 1983 after which she was certified fit to resume work. Investigations revealed that she refused to resume her previous employment which was still open to her and her claim was disallowed on the grounds that she was not available for work. If she is dissatisfied with the decision in her case it is open to her to appeal. A form for this purpose may be obtained at her local office.

389.

asked the Minister for Social Welfare if the full rate of unemployment assistance will be paid to a person (details supplied) in County Kilkenny as the application has been made for some time and he is genuinely seeking employment.

The person concerned withdrew his application for unemployment assistance when a social welfare officer called to interview him about his means He has not been in touch with his local office since 29 November 1983.

390.

asked the Minister for Social Welfare the reason the full rate of a non-contributory old age pension is not being paid to a person (details supplied) in County Kilkenny as a reduced amount of pension only was granted.

It was decided by the local pension committee on 8 February 1983 that the person concerned is entitled to old age pension from 6 October 1982, at the weekly rate of £24.45 plus £12.30 adult dependant allowance, which increased to £28.60 plus £14.40 adult dependant allowance from 1 July 1983. The assessment of his means, consisting mainly of the weekly value of capital, the disposal of a large part of which was not accepted for pension purposes, entitles him to pension at these rates.

391.

asked the Minister for Social Welfare if he will re-investigate the case of a person (details supplied) in County Kilkenny with a view to having the maximum rate of non-contributory old age pension paid.

The old age pension claim of the person concerned has been investigated and forwarded to the local pension committee for decision. Pension at the weekly rate of £14.60 plus £3.00 living alone allowance has been recommended by the social welfare officer with effect from 13 December 1983. These are the rates of pension to which he is entitled having regard to the assessment of his means consisting of the weekly value of a holding. If he is dissatisfied with the committee's decision it will be open to him to appeal against it, In the meantime pension has been put into payment on a provisional basis pending the committee's decision.

392.

asked the Minister for Social Welfare the reason unemployment benefit has been discontinued to a person (details supplied) in County Dublin.

The person concerned is a married woman and her entitlement to unemployment benefit is limited to a maximum period of 312 days. She exhausted her entitlement to unemployment benefit on 24 January 1984, on which date she received benefit for 312 days. She will not re-qualify until she resumes insurable employment for a period of not less than 13 weeks.

393.

asked the Minister for Social Welfare the reason disability benefit has been discontinued to a person (details supplied) in County Dublin.

The person concerned was disallowed payment of disability benefit from 19 December 1983 following examination by a medical referee who expressed the opinion that she was capable of work. She appealed against the disallowance and was examined on 23 January 1984 by a different medical referee who also considered her to be capable of work. Her case has been referred to an appeals officer who proposes to hold an oral hearing of her claim. She will be notified of the time and place of the hearing as soon as the arrangements have been made.

394.

asked the Minister for Social Welfare when unemployment assistance at the maximum rate will be paid to a person (details supplied) in County Wexford as he has no means.

The person concerned claimed unemployment assistance 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 at £20.80 weekly, derived from the benefit of board and lodgings in his parent's home. He was accordingly entitled to unemployment assistance at £8.60 weekly, being the maximum rate payable to him £29.40 less £20.80 and weekly payments continue to be made as they become due. He appealed against the amount of means assessed against him, but an appeals officer confirmed the assessment of his means at £20.80 weekly and he was notified accordingly on 5 January 1984.

395.

asked the Minister for Social Welfare if he will expedite a claim for injury benefit for a person (details supplied) in County Roscommon.

The person concerned claimed injury benefit in respect of an incapacity arising from an accident at work on 3 November 1983. Pending the completion of investigations arising from the accident he was considered for disability benefit on an interim basis. He failed to satisfy the qualifying contribution condition for benefit which required the claimant to have at least 26 contributions in the governing contribution year 1981-82, in respect of the period before 2 January 1984. He qualified for disability benefit at the maximum rate from 2 January by virtue of his contributions in the governing contribution year 1982-83 which operated from that date. Benefit has been paid to the date of the latest medical certificate received.

Inquiries made from the employer revealed that the accident concerned occurred to the claimant while alighting from his car on his way to work. One of the qualifying conditions for injury benefit requires the accident to have arisen out of and in the course of insurable employment. It was not considered that the condition was satisfied in respect of the accident and the claim to injury benefit was therefore disallowed.

396.

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

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from the profit of land and from capital exceeded the statutory limit. If he is dissatisfied with the amount of means assessed against him it is open to him to appeal and to have his case determined by an appeals officer. A form for this purpose may be obtained at his local office.

397.

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

Following a review of his case the means of the person concerned derived from the profit from land were increased to £53.80 weekly. He is accordingly entitled to unemployment assistance at £26.50 weekly being the maximum rate payable to him £80.30 less £53.80 and weekly payments continue to be made to him as they become due. He appealed against the amount of means assessed against him and his case has been referred to an appeals officer for determination. The rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer.

398.

asked the Minister for Social Welfare the reasons unemployment benefits at the correct rate were not paid to a person (details supplied) in County Galway; if he will now be paid the arrears due to him; the amount of arrears that will be paid; the weekly amount of assistance he will receive; the date on which he will be paid the arrears, etc.; and if he will make a statement on the matter.

The person concerned claimed unemployment benefit on 10 January 1984, and his claim was authorised at £34.80 weekly, being the maximum rate applicable to his case. Three statutory waiting days were imposed from 10 January 1984. His first payment, by way of payable order amounting to £58.00 including all arrears due from 13 January 1984, was issued to him on 24 January 1984. He is entitled to pay-related benefit with his flat-rate unemployment benefit at £22.30 weekly and arrears due will be paid this week.

399.

asked the Minister for Social Welfare if he will restore unemployment assistance at the maximum rate to a person (details supplied) in County Kerry as his appeal was referred to the Dublin office; and the position on the matter.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from land exceeded the statutory limit. He appealed against the disallowance of his claim and his case was referred to the social welfare officer for additional inquiries in the light of contentions made by him in support of his appeal. It is expected that the social welfare officer will complete his inquiries shortly, after which the case will be referred to the appeals officer and his entitlement to unemployment assistance will be reviewed in the light of his decision.

400.

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

The person concerned has been in receipt of an invalidity pension since 12 June 1980. A notification was received in the Department on 5 January 1984 that she had lost her invalidity pension book. A replacement book was issued to her payable from 19 January 1984 and inquiries were made regarding the lost orders. Arrears were due in respect of the period from 29 December 1983 to 18 January and a payable order for £119.25 covering the amount due was issued to the person concerned on 3 February 1984.

401.

asked the Minister for Social Welfare when an invalidity pension will be awarded to a person (details supplied) in County Cork, as she has been on disability benefit for the past 15 years.

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 17 September 1983 by a medical referee who expressed the opinion that she was not permanently incapable of work and asked to have her referred again for a further examination in six months time. Her entitlement to invalidity pension will be reviewed in the light of this further examination. In the meantime she continues to receive disability benefit at the maximum rate of £34.80 appropriate to a single woman.

402.

asked the Minister for Social Welfare if he is aware of the problem of people working short time for whom PRSI deductions at the maximum rate are not being paid, when they apply for unemployment benefit.

A person who works systematic short time, by arrangement with his employer, would pay PRSI contributions at the Class A rate and would be covered for all social insurance benefits, including unemployment benefit.

Similarly employees who have part-time jobs, as distinct from persons on systematic short-time, would pay Class A contributions: (a) if they work for 18 or more hours a week or (b) if they work for less than 18 hours a week but are mainly dependent for their livelihood on the earnings received from the employment. Such persons would likewise be covered for all social insurance benefits, including unemployment benefit.

However, an employee who has a part-time job which is for less than 18 hours a week and who is not mainly dependent on the earnings received from the employment for his livelihood is, under the regulations, insurable at the Class J contribution rate which provides cover for occupational injuries benefits only.

A person who is not qualified for unemployment benefit may, depending on his means, qualify for unemployment assistance. Such a person should therefore apply for a qualification certificate at his local employment exchange or employment office.

403.

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

According to the Department's records the person concerned did not satisfy the contribution conditions during the contribution year 6 April 1981 to 5 April 1982 which governed her entitlement to payment of unemployment benefit from 23 September 1983. A new benefit year commenced on 2 January 1984 and as she satisfied the contribution conditions during the contribution period 6 April 1982 to 5 April 1983 her claim was allowed at the weekly rate of £30.60 being the maximum rate appropriate to her case. All arrears due have been paid and further payments of £30.60 will continue as they become due.

404.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Offaly as she was previously employed in England and registered at Edenderry employment exchange and is due benefit for 12 weeks.

The person concerned does not satisfy the contribution conditions for entitlement to unemployment benefit on the basis of her Irish contribution record. She was last employed in the United Kingdom and claimed unemployment benefit there from 14 October 1983. The claim was, however, disallowed by the United Kingdom authorities on the grounds that she left her employment voluntarily without just cause. She returned to Ireland and claimed unemployment benefit on 1 November 1983 under the EEC provisions but because she had no entitlement to benefit at the time of her departure from the United Kingdom she does not qualify for a transfer of that benefit here.

Under the EEC Regulations the person concerned cannot apply for a transfer of her United Kingdom contributions for the purpose of qualifying her for unemployment benefit in this country until she has first taken up insurable employment here for which the appropriate contributions have been paid. The person concerned was notified of the position on 9 January 1984.

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