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Dáil Éireann díospóireacht -
Tuesday, 13 Mar 1984

Vol. 348 No. 11

Written Answers. - Social Welfare Benefits.

446.

asked the Minister for Social Welfare the reason only £66.00 per week unemployment benefit is being paid to a person (details supplied) in County Offaly as he is married with two children.

The person concerned was paid disability benefit from 15 February 1984, at £65.60 per week, the maximum rate payable to a married man with one dependent child under 18 years of age. All disability benefit due to 29 February 1984, date of latest medical certificate has been issued.

He is not entitled to pay-related benefit as the amount of disability benefit payable in his case exceeds his average reckonable weekly earnings in the 1982-83 income tax year which governs his entitlement to pay-related benefit.

447.

asked the Minister for Social Welfare when unemployment pay-related benefit will be paid to a person (details supplied) in County Kildare as he is awaiting payment since September, 1983.

The person concerned claimed unemployment benefit on 26 September 1983 and has been in receipt of flat rate unemployment benefit at the maximun rate of £34.80 per week.

He recently submitted a form P.60 on the basis of which his pay-related benefit claim was allowed at the weekly rate of £5.46 from 17 October 1983. An order paying all arrears of pay-related benefit due has been issued for encashment at his local post office this week.

448.

asked the Minister for Social Welfare the position regarding a disability benefit appeal made by a person (details supplied) in County Laois which has been going on for the past ten weeks.

The person concerned was disallowed payment of disability benefit from 17 October 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 12 December 1983 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 on 20 March 1984. She will be notified of the time and place of the hearing as soon as the arrangements have been made.

449.

asked the Minister for Social Welfare if a person (details supplied) in Dublin is entitled to unemployment benefit as she is available for work and has various written evidence from employers; and the reason she has not been paid the benefit.

Availability for work is a condition of entitlement to unemployment benefit and to satisfy this condition, a claimant must be available for and genuinely seeking employment.

The person concerned claimed unemployment benefit on 4 January 1984 and her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance but she failed to attend an oral hearing of her case on 29 February 1984 and an explanation regarding her non-attendance was not received. In a summary decision, given in her absence on 29 February 1984, an appeals officer also decided that she was not available for employment.

450.

asked the Minister for Social Welfare if a person (details supplied) in Dublin 3 working one day a week on average is entitled to unemployment benefit; and if so, when it will be paid.

The entitlement of the person concerned to unemployment benefit from 8 November 1983, cannot be determined until inquiries are completed to establish that her employment from 23 December 1981 is insurable at a class of contribution which provides cover against unemployment.

In the interim, pending completion of these inquiries, an application for unemployment assistance has been allowed from 23 December 1983 when she reached 18 years of age, being the minimum age requirement for receipt of assistance. Arrangements have been made to pay unemployment assistance from a current date. Arrears of unemployment assistance from 23 December 1983 will be paid to her when the amount of supplementary welfare allowance paid by the health board is determined.

451.

asked the Minister for Social Welfare if a non-contributory widow's pension will be paid to a person (details supplied) in County Cork.

The person concerned is at present in receipt of a widow's non-contributory pension at the rate of £7.85 per week. This is the rate of pension payable to a widow under 66 years of age without qualified children and whose weekly means exceed £34.00 but do not exceed £36.00. Her means derived from a holding of land are assessed at £34.61 per week.

In view of recent representations made by the Deputy on behalf of the claimant the local social welfare officer has been requested to furnish an up-to-date report on her means. When this report is received the amount of the pension in payment to her will be reviewed and she will be notified of the outcome.

452.

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

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from the profit from his land exceeded the statutory limit.

He appealed against the amount of means assessed against him and his case has been referred to a social welfare officer for further inquiries. It is expected that the officer will complete these inquiries shortly after which his case will be referred to an appeals officer for determination of the means. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

453.

asked the Minister for Social Welfare when a living alone allowance will be paid to a person (details supplied) in County Cork; and if he will have the maximum rate of payment made as she is in receipt of only £36.60; and when a free telephone rental allowance, a free electricity allowance and free travel will be allowed.

The entitlements of the pensioner concerned including her recent application for living alone allowance are currently under review by the social welfare officer. If an increase in pension and payment of living alone allowance are recommended by the social welfare officer they will be put into payment on a provisional basis pending the local pension committee's decision.

There is no trace in the Department of a claim for free telephone rental allowance. An application form has been issued to her and on the return of the completed form a decision will be given and she will be notified of the outcome.

The pensioner is in receipt of free electricity allowance since 1 July 1983 and she was issued with a free travel pass on 9 March 1984.

454.

asked the Minister for Social Welfare when a deserted wife's allowance will be paid to a person (details supplied) in County Cork as she has three children.

The claim to deserted wife's allowance/benefit of the person concerned is at present under investigation.

The claimant has been visited by a local officer of the Department but it will also be necessary to have her husband interviewed in order to obtain his version of the circumstances which led to the break-up of the marriage. An officer will call on him inside the next few days and when the report of this interview is received a decision will be given in the case without delay and the claimant will be notified.

Meanwhile she is in receipt of supplementary welfare allowance from the Southern Health Board.

455.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is not in receipt of free electricity, telephone, or free travel; and if these will now be made available.

The person concerned is under 66 years of age and is not in receipt of a qualifying pension or allowance which would entitle her to the benefits in question.

Her husband had been in receipt of a free electricity allowance but this was terminated in July 1981 as the qualifying conditions were no longer satisfied in his case. If the circumstances have changed in the meantime it is open to him to apply to have the allowance restored.

It is also open to him to apply for a free telephone rental allowance if he feels that he might qualify for that benefit. The relevant claim forms and leaflets have been issued to him.

A free travel pass was issued to him when he reached age 66 and if this is no longer in his possession a replacement pass will be issued on application.

456.

asked the Minister for Social Welfare the position regarding the entitlement to unemployment assistance of a person (details supplied) in County Limerick; when the application was first received by his Department; and the reason for the delay in processing it.

The person concerned applied for unemployment assistance on 8 February 1983 and his case was referred to a social welfare officer for investigation. Upon completion of the inquiries he was assessed with means of £28.85 from 8 February 1983 derived from the value of board and lodging on his brother's holding. His unemployment assistance claim was disallowed as the means assessed against him £28.85 weekly, exceeded the maximum rate of unemployment assistance payable to him. He was notified of the decision on 30 May 1983.

He appealed against the decision in his case but an appeals officer also assessed his means at £28.85.

He ceased signing the unemployed register on 11 October 1983.

457.

asked the Minister for Social Welfare the means being assessed against a person (details supplied) in County Limerick, as the small holders unemployment assistance has been taken from him.

Following a reinvestigation of his case the unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from the profit from land exceeded the statutory limit, in his case of £4,386.20 from 4 January 1984.

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.

458.

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

The entitlement of the person concerned to unemployment benefit cannot be determined until inquiries to establish that her employment was insurable at a class of contribution which provided cover against unemployment have been completed.

She failed to attend at an appointment with the social welfare officer investigating the case. She will be given a further opportunity to attend an appointment and when the investigations are completed her entitlement to unemployment benefit will be determined in the light of the outcome.

459.

asked the Minister for Social Welfare the reason for the delay in deciding an unemployment assistance appeal made by a person (details supplied) in County Louth which was submitted on 9 December; and the reason a reduced rate of unemployment assistance is being paid to him as he has no other source of income.

The person concerned is in receipt of unemployment assistance at £22.60 weekly which is the maximum rate payable to him £29.40 less means £6.80 derived from the value of free board and lodgings in his parents home.

He appealed against this decision and on 30 December 1983 the appeals officer also assessed his means at £6.80 weekly. The applicant was notified accordingly on 11 January 1984.

460.

(Limerick West) asked the Minister for Social Welfare when a decision will be made on a claim for unemployment assistance from a person (details supplied) in County Limerick.

Following investigation of his unemployment assistance claim the means of the person concerned were assessed at £38.45 per week derived from profit from his land. He was accordingly entitled to unemployment assistance at £5.50 per week increased to £9.90 per week from 5 October 1983. He appealed against the amount of means assessed against him but an appeals officer also assessed his means at £38.45 per week.

The applicant last signed as unemployed on 24 January 1984.

461.

asked the Minister for Social Welfare when a free telephone rental will be given to a person (details supplied) in County Wexford.

To be entitled to a free telephone rental allowance a person must be in receipt of a qualifying social welfare type pension or allowance. The person concerned is not receiving such a payment and is not, therefore, qualified for this benefit. She was notified to this effect on 30 March 1982.

Old age (non-contributory) pension, which is a qualifying payment for free telephone rental allowance purposes, is payable to a person with means of up to £42 a week. If the person concerned feels that she would qualify for such a pension she should apply as soon as possible. The appropriate claim form is available at all post offices.

462.

asked the Minister for Social Welfare if a person (details supplied) in County Dublin was entitled to disability benefit at the rate of £57.35 per week for a period of 12 weeks from 19 September 1983 as he received only £48.35 per week during this period; if the difference and any pay related benefit due will be paid to him; the present overall social welfare position of this person; the deductions being made from his current weekly payments; and the reason he has not been paid for the past two weeks approximately.

The person concerned claimed disability benefit from 14 September 1983 and has been paid to 5 March 1984, the date of the latest medical certificate received.

He was entitled to benefit at £57.35 per week, the maximum rate for a married couple.

However while inquiries were being made concerning the claimant's British employment record to establish his entitlement to benefit he was in receipt of supplementary welfare allowance from the Eastern Health Board from 14 September 1983 to 3 December 1983 and an amount of £487.56 was witheld from the arrears of benefit due and refunded to the health board.

The refund due to the health board for this period was understated by £44.37 and this amount was recovered by weekly deductions from his disability benefit claim from 17 January 1984 to 5 March 1984.

In addition he is in receipt of pay-related benefit at a rate of £17.04 per week from 6 October 1983, nineteenth day of incapacity. There are no arrears of benefit due to the person concerned and there was no delay in issuing recent payments of benefit.

463.

asked the Minister for Social Welfare when a pension will be paid to a person (details supplied) in County Westmeath as he has reached the required age, and all documents have been submitted; and the reason his disability payments have been suspended pending the above.

The person concerned reached age 65 on 25 February 1983. He claimed a retirement pension in October 1982.

The conditions for receipt of retirement pension require him to have entered into insurance before he reached age 55 and to have contributions paid in respect of at least 156 weeks of insurable employment since his entry into insurance. The qualifying conditions for old age contributory pension at age 66 require him to have entered into insurance before he reached age 58 and to have had at least 156 paid contributions since his date of entry.

The Department's records show that he entered into insurance on 30 June 1976, 4 months after he reached age 58, and that he had a total of only 37 paid contributions since that date. He subsequently claimed that he was employed for 3 months in 1971 but while this would have enabled him to satisfy the age at entry condition it would not be sufficient to enable him to satisfy the 156 paid contributions required for either retirement pension or old age contributory pension.

He was notified of the decision to disallow his claim on 2 December 1982. He was also advised to submit a claim for a non-contributory old age pension four months before he reached age 66 but there is no record or receipt of a claim for this latter pension from him to-date. A non-contributory old age pension claim form can be obtained at any post office.

His disability benefit entitlement ceased when he reached age 66 on 25 February 1984. Under the regulations disability benefit cannot be paid after that age.

464.

asked the Minister for Social Welfare the reason the rate of unemployment assistance payable has been reduced in the case of a person (details supplied) in County Meath.

Following a review of his unemployment assistance claim the means assessed against the person concerned were increased from nil to £21.90 weekly. His means are derived from the value of free board and lodgings on his mother's holding. He is accordingly entitled to £45.00 weekly being the maximum rate payable to him £66.90 less £21.90 means.

He has appealed against this decision and arrangements will be made to have his means determined by an appeals officer. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer in this case.

465.

asked the Minister for Social Welfare the reason an old age pension has not been paid to a person (details supplied) in County Tipperary; the amount that will be paid and when it will be paid.

The person concerned was awarded an old age pension at the maximum rate in September 1982. Payment was suspended in October 1983, however, when it came to light that the son to whom he transferred the holding had left the country.

A deed of transfer in favour of another son has now been received and in the circumstances payment of pension has been restored. The appropriate pension book was issued on 1 March 1984 and the arrears due were issued on 8 March 1984.

466.

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

The person concerned made a claim to unemployment benefit on 29 December 1983. His claim has been authorised at £34.80 being the maximum rate applicable to his case.

Pay-related benefit has been paid from 19 January 1984 at a rate of £2.11 weekly based on earnings in the period 6 April 1981 to 5 April 1982. Further weekly payments of £34.80 flat rate unemployment benefit and £2.11 pay-related benefit will continue as they become due.

467.

asked the Minister for Social Welfare when a free electricity allowance will be provided for a person (details supplied) in County Wexford.

An application for a free electricity allowance from the person concerned has been approved and the ESB has confirmed that the allowance will be applied to his electricity account from the February/March 1984 billing period onwards.

468.

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

The person concerned is in receipt of unemployment assistance at £62.40 weekly which is the maximum rate payable to him £73.60 less means £11.20, derived from capital.

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.

469.

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

The person concerned claimed occupational injury benefit in respect of an incapacity which he attributed to an accident at work on 19 December 1983.

Pending the completion of investigations arising from the accident, he was paid disability benefit on an interim basis from 23 December 1983, the fourth day of incapacity. Pay-related benefit was also awarded from 10 January 1984, the nineteenth day of incapacity.

There was a delay in paying the benefit as a result of the claimant submitting a final medical certificate to 9 January which was later rescinded. Arrears of pay-related benefit in respect of the period from 10 January 1984 to 4 February were paid on 2 March.

Following investigations, injury benefit was awarded from 20 December 1983 the first day of incapacity. Injury benefit over and above the disability benefit already paid to 6 February was issued and payments have been made to the date of the latest medical evidence received.

In error however, he was overpaid dependants' increases amounting to £93.39. The overpayment is being recovered by weekly deductions from his benefit.

470.

asked the Minister for Social Welfare if he is aware that persons over 18 years of age who are unemployed are being deprived of unemployment assistance depending on their father's income; and if he considers this to be a fair implementation of the unemployment assistance scheme.

Under the legislation governing the scheme of unemployment assistance the value of the benefit which an applicant derives from board and lodgings in his parents' home must be taken into account. The amount assessed for this purpose depends on the income of the parents in each individual case. This arrangement ensures that a degree of equity is achieved as between an applicant whose parents are in relatively better off circumstances and an applicant whose circumstances are poor.

The means test for unemployment assistance is designed to ensure that all applicants for unemployment assistance are treated in an equitable manner having regard to their circumstances and the scheme as operated is considered a fair and reasonable method of determining entitlement and allocating scarce resources.

471.

asked the Minister for Social Welfare the reason the rate of unemployment benefit being paid to a person (details supplied) in County Cork has been reduced.

The person concerned claimed unemployment benefit from 7 October 1982 to 25 March 1983. Unemployment benefit was authorised at £31.65 weekly being the maximum rate appropriate in her case. Pay-related benefit was authorised at £19.64 weekly based on her reckonable earnings of £3,705.00 in the relevant income tax year, 6 April 1980 to 5 April 1981.

Her repeat claim of 9 September 1983 was authorised at £34.80 being the maximum rate appropriate in her case while pay-related benefit was authorised at £2.79 weekly, based on her reckonable earnings of £2,357.00 during the relevant period, 6 April 1981 to 5 April 1982.

All benefit due to date has been paid and further weekly payments are continuing as they fall due.

472.

(Limerick West) asked the Minister for Social Welfare when a non-contributory old age pension will be paid to a person (details supplied) in County Limerick.

The old age pension claim of the person concerned has been investigated by the social welfare officer and forwarded to the local pension committee for decision. Payment of pension has not been recommended as the assessment of his means, consisting of a British retirement pension, exceeds the statutory limit of £42. If he is dissatisfied with the committee's decision it will be open to him to appeal against it.

473.

(Limerick West) asked the Minister for Social Welfare when the maximum rate of unemployment assistance will be paid to a person (details supplied) in County Limerick; and if he will have the case further reviewed.

The person concerned was assessed with means of £12.00 per week by an appeals officer. His means are derived from the value of board and lodging on his brother's holding. All arrears due to him as a result of this decision were paid on 25 October 1983. Weekly payments of unemployment assistance at £17.40 being the maximum rate payable to him £29.40 less £12.00 means, continue to be made as they become due.

If, however, he considers that a change has occurred in his circumstances it is open to him to apply to have his means re-investigated. A form for this purpose may be obtained at his local office.

474.

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

Inquiries were necessary to establish that the person concerned fulfilled the condition of being available for work before his entitlement to unemployment benefit from the date of his claim on 13 January 1984 could be determined.

These inquiries were recently completed and his claim was allowed at £65.60 weekly, being the maximum rate appropriate in his case. Being a postal claimant arrangements have been made to have a payable order issued to him for all benefit due to date, amounting to £470.14, for encashment at his local post office on 16 March 1984.

Further weekly payments will continue as they become due.

475.

(Limerick West) asked the Minister for Social Welfare when disability benefit for the period July/September 1983 will be paid to a person (details supplied) in County Limerick.

The person concerned was disallowed payment of disability benefit from 22 June 1983 following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the decision to disallow his claim to benefit and in this connection he was examined by a different medical referee who also considered him to be capable of work. He was notified of the result of this examination and supplied with an appeal form on which to set out the grounds for an appeal but did not do so. In the absence of this information his claim was subsequently withdrawn from appeal. The claimant continued to submit medical certification to 6 September 1983 after which date he was certified fit to resume work.

476.

(Limerick West) asked the Minister for Social Welfare if he will expedite payment of unemployment benefit to a person (details supplied) in County Limerick as the investigating officer has now submitted his report.

The investigation of the case of the person concerned revealed that the income from his holding is less than £2.00 daily and that he is entitled to unemployment benefit subject to satisfying the contribution conditions during the governing contribution period which in his case is the period from 6 April 1981 to 5 April 1982.

Inquiries are still being made to establish his contribution record during the relevant period and he has been written to for the purpose of clarifying his employment history. His entitlement to unemployment benefit will be determined in the light of the outcome.

477.

asked the Minister for Social Welfare when a decision on an appeal against a decision to reduce unemployment assistance will be available to a person (details supplied) in County Donegal.

Following a re-investigation of his case the unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the value of board and lodgings on his father's holdings, exceeded the statutory limit.

He appealed against the assessment of his means and in the light of contentions made by him in support of his appeal, his case was referred by an appeals officer to the social welfare officer for further inquiries. When these inquiries are completed, the case will be referred to the appeals officer for determination after which his entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.

478.

asked the Minister for Social Welfare the reason a reduced amount of unemployment assistance is being paid to a person (details supplied) in County Kilkenny as he has no other income.

The person concerned is in receipt of unemployment assistance at £5.85 weekly which is the maximum rate payable to him £28.00, less means £22.15 derived from capital and from the value of free board and lodgings on his grandmother's holding.

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.

479.

asked the Minister for Social Welfare the reason the maximum rate of non-contributory old age pension is not being paid to a person (details supplied) in County Kilkenny.

It was decided by the local pension committee on 9 January 1984 that the person concerned is entitled to an old age pension at the weekly rate of £34.60 from 12 October 1983. This is the rate to which she is entitled having regard to the assessment of her means consisting of half the estimated weekly letting value of a holding. If evidence relating to the actual income from the letting is furnished to the Department, her entitlement will be reviewed and she will be notified of the outcome.

480.

asked the Minister for Social Welfare the reason disability benefit has not been paid to a person (details supplied) in County Kilkenny, as she has been out of work for the past seven weeks.

The person concerned claimed disability benefit from 23 January 1984. Payment was not made initially on her claim as inquiries into her insurance record were necessary to establish if she was entitled to benefit. On completion of the inquiries it was established that she had the necessary contri

butions paid to entitle her to payment and all disability benefit due from 26 January 1984, fourth day of incapacity to 6 March 1984, date of the latest medical certificate received, has been issued.

Pay-related benefit has also been issued from 13 February 1984, nineteenth day of incapacity, to 6 March 1984.

481.

asked the Minister for Social Welfare the reason an eye injury claim made by a person (details supplied) in County Meath and which is being processed since 4 October 1983 has not yet been paid.

The person concerned claimed injury benefit in respect of an incapacity resulting from an occupational accident on 4 October 1983.

Pending the completion of investigations arising from the accident he was allowed disability benefit on an interim basis from 8 October 1983, the fourth day of certified incapacity, to 12 October after which date he was certified fit to resume work.

Following the completion of investigations injury benefit was awarded on 30 January 1984 from 8 October 1983. The sum of £8.72 was payable in respect of injury benefit over and above the disability benefit already paid but this was withheld towards recovery of an overpayment of disability benefit arising on a previous claim.

482.

asked the Minister for Social Welfare if he will arrange for payment of a social welfare allowance to a person (details supplied) in County Galway for the period June to December 1983.

It has not been possible to trace receipt of any social welfare claim which refers to the person named in the details supplied.

Further inquiries in the matter will be made if the Deputy will furnish additional information indicating the type of allowance claimed and the place at which application was made.

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