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Dáil Éireann díospóireacht -
Tuesday, 12 Mar 1985

Vol. 356 No. 10

Written Answers. - Social Welfare Benefits.

577.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be paid a free fuel allowance as she is living alone and has been granted this allowance every year.

It is understood from the Southern Health Board which is responsible for the administration of the national fuel scheme in County Cork, that two cheques for £60 each in respect of fuel allowances issued to the person concerned in November 1984 and January 1985 and that both cheques have been cashed. If the person concerned did not receive the cheques she should report the fact to her local community welfare officer.

578.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be granted free fuel and the reason for the delay.

It is understood from the Southern Health Board, which is responsible for the administration of the national fuel scheme in County Cork that there is no record of an application for a fuel allowance under the national fuel scheme having been received from the person concerned. Following receipt of the question an application form was issued to the person concerned and on return of the form, duly completed, his entitlement to an allowance will be investigated.

579.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will be granted free fuel and the reason for the delay.

It is understood from the Southern Health Board, which is responsible for the administration of the national fuel scheme in County Cork, that there is no record of an application for a fuel allowance under the national fuel scheme having been received from the person concerned. Following receipt of the question an application form was issued to the person concerned and on return of the form, duly completed, his entitlement to an allowance will be investigated.

580.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is not being paid the second phase of his free fuel allowance; and if he is aware that this man is living under very difficult conditions.

It is understood from the Southern Health Board, which is responsible for the administration of the national fuel scheme in County Cork, that a cheque for £60 representing the second instalment of the 1984-85 fuel allowance issued to the person concerned on 31 January 1985 and was subsequently cashed. If the person concerned did not receive the cheque, he should report the fact to his local community welfare officer.

581.

asked the Minister for Social Welfare when small holder's assistance will be granted to a person (details supplied) in County Limerick.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means of £38.45, derived from the profit from his holding, exceeded the maximum rate appropriate to him. He recently requested a review of his means and following reinvestigation a deciding officer on 21 January 1985 again assessed him with means of £38.45 weekly. He has been informed accordingly and advised of his right to appeal against the decision in his case.

582.

asked the Minister for Social Welfare the present position in relation to the application for unemployment assistance by a person (details supplied) in County Limerick.

The person concerned has not yet attained the age of 18 years and accordingly she is not at present eligible to claim unemployment assistance. However, inquiries are being made to establish her contribution record in respect of employment from 14 May 1984 to 9 October 1984 and when these are completed her entitlement to unemployment benefit from the date of commencement of her claim on 2 December 1984 will be determined.

583.

asked the Minister for Social Welfare if he will reconsider the decision by his Department to make pay-related benefit made by a person (details supplied) in Dublin 5 on 28 January 1985 on earnings in the tax year 1982-83 instead of 1983-84 because of a previous claim made on 13 November 1984, which in the event was disallowed.

It is a statutory condition that entitlement to pay-related benefit is determined by the amount of the claimant's reckonable earnings in the relevant income tax period governing the claim at the commencement of a period of interruption of employment. Any two periods of interruption of employment not separated by a period of more than 13 weeks are treated under the legislation as one period of interruption of employment.

The person concerned claimed unemployment benefit from 13 November 1984 to 17 November 1984. Although he was disqualified for receiving benefit under the trade dispute provisions of the Social Welfare Acts, the claim period nevertheless represented a period of interruption of employment within the terms of the legislation and credited contributions are awarded for the period. He claimed unemployment benefit again on 28 January 1985 and as the date of his latter claim was within 13 weeks of the date of his initial claim, the relevant income tax period applicable to him at the commencement of his period of interruption of employment on 13 November 1984 continued to apply in accordance with statutory provisions. Accordingly, on the basis of his reckonable earnings during the income tax period 6 April 1982 to 5 April 1983 the person concerned is entitled to pay-related benefit at £18.20 weekly in addition to flat rate unemployment benefit at £37.25 and combined payments are being made to him as these become due.

584.

asked the Minister for Social Welfare when children's allowance will be paid to a person (details supplied) in Dublin 5; and if he will make a statement on the matter.

A claim for children's allowance was made by the person concerned in January 1985. It was necessary, however, arising from contentions made by his wife, who is no longer residing with him, to arrange for inquiries to be made by a social welfare officer. These inquiries have not yet been completed. When the inquiries are completed a decision will be made without delay and the person concerned will be advised of the outcome.

585.

asked the Minister for Social Welfare when a person (details supplied) in County Laois who applied for unemployment assistance seven weeks ago will be paid as he is a married man with eight children.

An applicant for unemployment benefit who is a landholder and whose income from his holding exceeds £2 daily is not entitled to unemployment benefit unless he satisfies the contribution condition of having 78 contributions paid in a three year period.

The person concerned claimed unemployment benefit on 21 January 1985. He is a landholder whose income from his holding exceeds £2 daily. Inquiries are at present being made to establish if he satisfies the contribution condition of having 78 contributions paid in a three year period. His entitlement to unemployment benefit will be reviewed in the light of the outcome of these inquiries. In the interim unemployment assistance has been authorised at the weekly rate of £35.85 being the maximum rate applicable to a married man with eight dependent children with means of £69.20 assessed against him. Arrangements have been made to pay all arrears due this week.

586.

asked the Minister for Social Welfare when 12 weeks unemployment benefit due to a person (details supplied) in County Laois will be paid.

The person concerned was disqualified for receipt of unemployment benefit from 8 January 1985 to 31 January 1985 on the grounds that she lost her employment through misconduct.

Following the recent completion of inquiries to establish whether she satisfied the conditions of being available for work from 1 February 1985 her claim was allowed at the appropriate flat rate unemployment benefit £37.25 in addition to pay-related benefit at £16.47 weekly which became payable to her from 19 February 1985. Arrangements have been made to pay all arrears due this week and further combined payments at £53.72 weekly will be made as they become due.

587.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 8 who applied for a contributory old age pension last September and who reached the age of 66 on 23 February 1985 has not yet received his pension book; the reason for this delay; when this person will receive a bus pass, as it appears that Townsend Street were not notified until 28 February in this particular case, so he has lost a fortnight's free transport entitlement; and if he will make a statement on the matter.

The person concerned was awarded a contributory old age pension at the maximum rate with effect from 1 March 1985, i.e. the Friday following his 66th birthday. The pension book and the free travel pass should normally have been issued a few days before the person reached age 66. Owing to an administrative error; however, the book was not issued until 1 March 1985 and the free travel pass was issued on 7 March 1985. The delay in this case is very much regretted.

588.

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

The person concerned claimed injury benefit on 7 January 1985 in respect of an incapacity which he attributed to an occupational accident on 2 January. Pending the completion of investigations arising from the accident he was allowed disability benefit on an interim basis from 7 January, the fourth day of incapacity and pay-related benefit from 24 January, the nineteenth day of incapacity.

Following confirmation of details of the accident, injury benefit was awarded from the date of the accident. Injury benefit over and above the disability benefit already paid was issued on 7 March in respect of the period to 23 February, after which he resumed work.

589.

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

The person concerned recently made three claims to disability benefit for the following periods, 24 December 1984 to 7 January 1985, 10 January to 21 January 1985 and 4 February to 25 February 1985. All benefit payable in respect of these claims has been issued to him.

590.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare who is married with three dependent children was not paid disability benefit since 22 January 1985.

The person concerned claimed disability benefit from 13 November 1984. He did not attend for examination by a medical referee of the Department on 10 January 1985 and as a result, payment of benefit was disallowed for the statutory period of six weeks from 23 January 1985 to 5 March 1985.

He notified the Department on 28 February 1985, that earlier in the month, he had submitted medical evidence by way of explanation for his non attendance. However, despite an exhaustive search, no trace of this can be found. He has been requested to submit a copy of the evidence and when it is received his case will be reviewed.

591.

asked the Minister for Social Welfare when a person (details supplied) in County Clare who is married with four dependent children will be paid unemployment assistance.

The person concerned is at present in receipt of unemployment assistance at £36.85 weekly being the appropriate rate £81.85 less means £45. His means are derived from his earnings as a self employed lorry driver. He recently appealed against the amount of means assessed against him and an appeals officer also assessed him with means of £45 weekly. He has been notified accordingly.

592.

asked the Minister for Social Welfare the reason for the delay in having a non-contributory old age pension paid to a person (details supplied) in County Waterford.

It has been decided that the person concerned is not entitled to an old age non-contributory pension on the grounds that she does not fulfil the statutory conditions as to means. Her means consisting of the weekly value of a holding and capital exceed the statutory limit for entitlement to pension.

An appeal lodged against this decision is still under consideration at present. The social welfare officer's investigations have just been completed and the matter is now being referred to an appeals officer for determination. The person concerned will be notified of the outcome in due course. The delay in this case is due to pressure of work at the social welfare station concerned.

593.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare is not being paid children's allowance in respect of two of her children.

According to the Department's records the person concerned is in receipt of children's allowance in respect of one qualified child who was born on 30 March 1977. My Department has no record of applications for allowance being received in respect of any other children in the household. The appropriate forms have been issued to the person concerned and on receipt of the completed forms this matter will be investigated and a decision will be made on the application.

594.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare has not received unemployment assistance.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from benefit from his wife's earnings, exceeded the statutory limit. He appealed against the amount of means assessed against him and an appeals officer also assessed him with means exceeding the statutory limit. He was informed accordingly in February 1984. If he contends that his circumstances have changed since the assessment of his means by an appeals officer, it is open to him to apply for a reinvestigation of his case. A form for this purpose may be obtained at his local office.

595.

asked the Minister for Social Welfare if he will pay a prescribed relatives allowance to the relatives of a person (details supplied) in County Cork.

The regulations governing this scheme provide that to qualify for an allowance a claimant must, apart from the prescribed relative, be living alone or only with children under 18 years of age or persons over that age who are mentally or physically incapacitated. The prescribed relative must furthermore not be a married person wholly or mainly maintained by his-her spouse.

The person concerned who is a widow indicated on her claim form for this allowance that she is living with her son and daughter-in-law and that the prescribed relative (her daughter-in-law) is being maintained by her husband. The claim has therefore been refused. She has been notified to this effect.

596.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is no longer in receipt of children's allowance in respect of his daughter who is attending school and will not be 18 until 14 August 1985; and if he will have the matter corrected.

According to the records of the Department the person concerned is in receipt of allowance for the child in question up to June 1985.

Children's allowance in respect of the second child in the family ceased to be payable from 1 February 1985 as she reached sixteen years in January 1985. A claim for extended allowance in respect of this child has not been received to date. The person concerned should now be in receipt of allowance at the rate of £60.25 a month.

597.

asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford is on a reduced rate of unemployment assistance even though he has no means other than an odd day's work per week which he always signs off for; and if he will investigate the possibility of making the maximum rate available to him due to his financial circumstances.

The person concerned is at present in receipt of unemployment assistance at £49.85 weekly the appropriate rate £86.75 less means £36.90. His means are derived from self employment in the building industry. He appealed against the amount of means assessed against him and an appeals officer on 7 August 1984 also assessed his means at £36.90 weekly. If however he considers that his circumstances have changed since his means were assessed by an appeals officer it is open to him to apply to have his case reinvestigated. A form for this purpose may be obtained from his local office.

598.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork, was refused a non-contributory old age pension and if he will have her case reviewed.

It has been decided by an appeals officer that the person concerned is not entitled to an old age pension as her means, consisting of half the weekly value of profit from her own holding and her husband's holding exceed the statutory limit for entitlement to pension. However, the Deputy's representations have been accepted as a repeat claim to old age pension on behalf of the person concerned. The case is being referred to the social welfare officer for investigation. When the inquiries are completed a decision will be made and the claimant will be notified of the outcome in due course.

599.

asked the Minister for Social Welfare the reason for the delay in making a free electricity allowance available to a person (details supplied) in County Cork who applied for this allowance on 15 June 1984 at Mallow ESB office; if an error was made; and if he will consider having payments back dated to June 1984.

There is no trace in the Department of the receipt of the application for a free electricity allowance from the person concerned, said to have been received in the district ESB office in June last. An application form has therefore been issued to him and it should be completed and forwarded in the first instance to the ESB for attention.

On receipt of the completed application in the Department the matter will be considered further and he will be notified of the outcome. The date of the original application will be taken into account in determining the entitlement of the person concerned.

600.

asked the Minister for Social Welfare if he will grant a living alone allowance to a person (details supplied) in County Cork whose husband died recently.

An application form for a living alone allowance has issued to the person concerned. On its return the application will be investigated and the person concerned will be notified of the outcome.

601.

asked the Minister for Social Welfare when a free travel pass will be issued to a person (details supplied) in County Cork who is in receipt of an invalidity pension.

A free travel pass was issued to the person concerned on 6 March 1985.

602.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork has not yet received payment of unemployment assistance as she applied seven weeks ago.

The entitlement of the person concerned to unemployment assistance could not be determined until inquiries to enable her means to be assessed had been completed. These inquiries were recently completed and she has been assessed with nil means. She is accordingly entitled to unemployment assistance at £30.90 weekly and all arrears due will be paid this week. Further weekly payments will be made as they become due.

603.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is on a reduced rate of unemployment assistance as he is only in receipt of £16.68 per week, CIE pension; if he will have this case reviewed; if he will make the correct rate available to him; and if all arrears will be paid.

The person concerned was assessed with means at £16.95 weekly derived from the value of a pension from his former employer. He is at present in receipt of unemployment assistance at £37.85 weekly being the appropriate rate £54.80 less means £16.95. Arrangements have however been made to have his means reinvestigated by a social welfare officer. The assessment of his means will be reviewed in the light of the outcome of the inquiries and the rate of unemployment assistance payable to him will be determined accordingly.

604.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork has not received free fuel vouchers for 1984 and 1985 as this man and his wife live on an old age pension; and if he will have the matter investigated.

It is understood from the Southern Health Board, which is responsible for the administration of the national fuel scheme in County Cork, that two cheques for £60 each in respect of fuel allowances were issued to the person concerned in November 1984 and January 1985 respectively and that both cheques have been cashed. If the person concerned did not receive the cheques, he should report the fact to the local community welfare officer.

605.

asked the Minister for Social Welfare if he will arrange to pay a widow's pension to a person (details supplied) in County Cork.

The person concerned has been awarded a widow's contributory pension at the weekly rate of £44.30 with effect from 1 February 1985. This is the maximum rate of contributory pension payable to a widow over 66 years and under 80 years of age who has no qualified children.

A pension book with orders payable from that date was issued to the designated post office on 11 March 1985 for collection by her and she was notified accordingly. The woman's late husband had been in receipt of an old age contributory pension at the rate of £82.75 per week which included an increase in respect of his wife and payment of this pension was made to her for six weeks after his death on 17 December 1984, in place of widow's pension.

606.

asked the Minister for Social Welfare the present position concerning the widow's pension application made by a person (details supplied) in County Waterford who was awarded a non-contributory pension on a provisional basis pending clarification of her entitlement to a contributory widows pension.

One of the conditions for award of widow's contributory pension under the Social Welfare Act is that, if four years or longer have elapsed since entry into insurance, there must be an average of 39 contributions (paid or credited) in either the last three or five contribution years before the husband died. Alternatively this condition may be satisfied if there was an average of at least 24 contributions (paid or credited) since entry into insurance. These conditions may be satisfied on the widow's or the late husband's insurance record. These conditions were not met on either record in this case and the claim of the person concerned to widow's contributory pension has therefore been refused. The entitlement of the person concerned to an Irish pro-rata contributory pension under EC regulations was also refused because the combined Irish and United Kingdom insurance records of the deceased also fail to meet the alternative minimum average conditions quoted above.

The Department of Health and Social Security, Newcastle-Upon-Tyne, have, however, been requested to examine her possible entitlement to a British widow's pension under EC regulations and that Department will be in touch with her in this regard. The non-contributory widow's pension (from the Department of Social Welfare) will continue to be paid to her while the relevant qualifying conditions are satisfied.

607.

asked the Minister for Social Welfare if a person (details supplied) in County Kildare who has a wife and one child is receiving the correct rate of injury benefit.

The person concerned claimed disability benefit from 19 January 1985 and is currently paid at the weekly rate of £70.25 the maximum appropriate for a married man with one child dependant. His claim can not be treated as one to injury benefit as his incapacity did not result from an accident at work nor is it a disease contracted during work.

He is not entitled to pay-related benefit as the amount of disability benefit payable in his case exceeds 75 per cent of his average reckonable weekly earnings in the 1983-1984 tax year which governs his claim. All benefit payable to the person concerned has been issued to 25 February 1985, the date of the latest medical certificate received.

608.

asked the Minister for Social Welfare when a person (details supplied) in County Monaghan applied for an increase in small farmers unemployment assistance; and when a decision will be made.

The person concerned appealed against the decision of a deciding officer in which means were assessed against him at £38.45 weekly derived from the profit from his holding and in the light of contentions made by him in support of his appeal his case was referred to a social welfare officer for further inquiries. When these inquiries were completed the case was submitted to an appeals officer for determination. However the appeals officer required further information about his stock and the case was returned to the social welfare officer for further investigation. Following the completion of the additional inquiries the case was resubmitted to the appeals officer who also assessed him with means at £38.45 weekly.

A notification of the decision in his case was issued to him on 1 February 1985. It would appear that this notification went astray in postal transit and a duplicate notification was issued to him last week. Weekly payments of unemployment assistance at £41.05 being the appropriate rate £79.50 less £38.45 means continue to be made to him as they become due.

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