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Dáil Éireann díospóireacht -
Tuesday, 23 Apr 1985

Vol. 357 No. 7

Written Answers. - Social Welfare Benefits.

735.

asked the Minister for Social Welfare if he is aware that a person (details supplied) in County Limerick who is in receipt of a contributory widow's pension has been given a book with orders to cover the period up to 26 April 1985; the reason payments under this particular scheme are not being continued after that date; and if he will ensure that there will be no loss of payments whatsoever if it is decided to change this person from widow's contributory pension to any other type of pension.

The book in question in which the last order is dated 26 April 1985 is at the rate payable to a widow under 66 years of age (with no qualified children), viz £43.45 per week. She will reach 66 on 28 April and from the following Friday, 3 May 1985 she will be entitled to a higher rate of £44.30. A pension order book at this higher rate has been sent to her local post office for collection by her and she has been notified to this effect.

736.

asked the Minister for Social Welfare the present position with regard to the aplication for an oral hearing of an appeal made by a person (details supplied) in County Limerick in connection with his smallholder's assistance payments.

The appeal of the person concerned against the disallowance of his unemployment assistance claim was submitted to an appeals officer for determination. The appeals officer considered that he had sufficient information to decide the case without an oral hearing and on 29 November 1984 he assessed the applicant with means of £78.85 weekly derived from the profit from his holding.

He is accordingly in receipt of unemployment assistance at £7.90 weekly the appropriate rate £86.75 less means £78.85. All arrears due were paid to him on 11 December 1984. Weekly payments continue to be made to him as they become due.

737.

asked the Minister for Social Welfare the reason for the delay in considering the application for a free electricity allowance made by a person (details supplied) in County Limerick; and when a decision will be made in this case.

To be eligible for a free electricity allowance a person must either be living alone or be living with certain categories of persons only. A free electricity allowance cannot be granted to the person concerned as her son resides with her who is not a person who comes within these categories for satisfying the living alone condition of the scheme. Notification of the disallowance of her application was issued to her on 30 January 1985.

738.

asked the Minister for Social Welfare if a deserted wife allowance will be awarded to a person (details supplied) in County Wexford in view of the fact that her sole income is a supplementary welfare allowance from the South Eastern Health Board.

One of the conditions for the receipt of a deserted wife's payment is that a husband must have left his wife of his own volition. The deciding officer held that this condition was not satisfied by the person concerned and disallowed her claim. She was notified to this effect on 16 November 1984 and of her right to appeal against the decision within 21 days if she was dissatisfied with it, but did not do so.

The Department would however be prepared to accept a late appeal from her at this stage, in which case she should forward a statement setting out the facts and contentions on which she is relying in support of her appeal.

739.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford who is in receipt of unemployment assistance will have his level of payments reviewed and increased in view of his financial circumstances.

The unemployment assistance claim of the person concerned has been referred to a social welfare officer for reinvestigation of his means. When these inquiries are completed the assessment of his means will be reviewed and the rate of unemployment assistance payable to him will be determined accordingly.

740.

asked the Minister for Social Welfare the reason the widow's pension allowance of a person (details supplied) in County Donegal, paid by the overseas branch of the Department of Health and Social Security to his Department in Dublin has not yet been resolved.

The person concerned whose husband died on 29 June 1984 was awarded a widow's non-contributory pension of £74.25 per week with effect from 17 August 1984. This is the maximum rate for a widow under 66 years of age with three qualified children.

Her late husband had worked in Britain for some time and the Department of Health and Social Security, Newcastleupon-Tyne, were requested on 10 October 1984 to investigate her entitlement to a British pension. Arrears amounting to Stg £1,251.15 were received from that Department on 12 December 1984 in respect of widow's allowance payable for a period of six months after her husband's death. Payment of her Irish non-contributory pension is subject to a means test, however, and these arrears were held pending a final decision by the British Authorities on the claimant's continuing entitlement to a pension from them after the expiry of the six month period.

The Department of Health and Social Security have now awarded her a continuing widow's benefit at a rate of Stg £15.75 with effect from 1 January 1985 and further arrears of Stg £220.50 to cover the period of 1 January 1985 to 8 April 1985 will be sent by them shortly.

741.

Mr. Coughlan

asked the Minister for Social Welfare the appropriate amount of retirement pension applicable to a person (details supplied) in County Donegal.

The person concerned has been in receipt of retirement pension since 21 April 1983 at the rate appropriate to his yearly average of 33 contributions over the period from 5 January 1953 to 5 April 1983. A yearly average of at least 48 is required for a maximum rate pension.

His pension at present is £97.80 a week made up of a personal rate of £46.05, adult dependant allowance of £30.80 in respect of his wife and £20.95 in respect of his two qualified children.

742.

Mr. Coughlan

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

According to the Department's records the person concerned does not satisfy the contribution conditions for entitlement to unemployment benefit. The matter of non-payment of contributions is being investigated and when inquiries are completed his entitlement to unemployment benefit will be reviewed in the light of the outcome.

He applied for unemployment assistance and his case was referred to a social welfare officer for investigation of his means. Extensive inquiries are still being made in the case and when these are completed his entitlement to unemployment assistance will be determined. He last signed as unemployed on 10 October 1984.

743.

asked the Minister for Social Welfare the reason for the delay in making payment of an unmarried mother's allowance to a person (details supplied) in County Louth; when payment will be made; and if he will make a statement on the matter.

The claim of the person concerned for unmarried mother's allowance which was received on 25 February 1985 is at present under investigation by a local officer of the Department. On receipt of his report, which is expected within the next few days, a decision will be given on the case without delay.

744.

asked the Minister for Social Welfare when payments of unemployment assistance will be made to a person (details supplied) in County Wexford.

The person concerned claimed unemployment assistance on 31 December 1984 and his case was referred to a social welfare officer for investigation of his means.

It recently came to light that the case documents have gone astray in postal transit as they were not received by the social welfare officer. Duplicate papers have been prepared and these have been referred to the social welfare officer for an urgent investigation following which the means of the applicant will be assessed and his entitlement to unemployment assistance will be determined accordingly.

745.

asked the Minister for Social Welfare if he will expedite the appeal for free telephone rental made by a person (details supplied) in County Roscommon.

An application from the pensioner in this case was rejected on 20 March 1985 because his wife, with whom he resides, is not, from the information furnished, permanently incapacitated as required by the scheme.

Following representations made by the Deputy on 13 March 1985 the pensioner was requested to furnish a comprehensive medical certificate in respect of his wife. On receipt of the relevant certificate the case will be reviewed and the applicant will be notified of the outcome. An application from the pensioner's wife which was received on 11 April 1985 has been rejected as she is not in receipt of a qualifying pension. A notification to this effect is in the course of issue to her.

746.

asked the Minister for Social Welfare if he is aware that the original application for an increase in children's allowance made by a person (details supplied) in County Limerick was misplaced by his Department and that, when the second application was adjudicated on, her claim was allowed only from January 1985 not taking into account the fact that the child was born on 28 May 1984 and the fact that the original claim was made in July 1984; and if the arrears due in this case can be paid immediately.

The person concerned claimed children's allowance on 14 December 1984 in respect of her daughter who was born on 28 May 1984. There is no trace of an earlier claim having been received in respect of this child.

Children's allowance was awarded from 1 January 1985 and an allowance book payable from that date was issued to the claimant on 13 April 1985. This is the earliest date from which payment could be made having regard to the date on which the claim was received.

747.

asked the Minister for Social Welfare if he has received an application for free telephone rental from a person (details supplied) in County Limerick; and when a decision on this application will be made.

To qualify for a free telephone rental allowance, a person, in receipt of a qualifying payment, must be living entirely alone or only with children under 15 years of age or other persons who are so permanently incapacitated as to be unable to summon aid in an emergency.

Both the person concerned and her sister with whom she resides are in receipt of qualifying payments. Either one of them could therefore qualify for the allowance provided the other is permanently incapacitated as required by the scheme. From the information furnished however, this is not the case. The application from the person concerned was therefore rejected and she was notified to this effect on 28 January 1985.

748.

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

The person concerned claimed disability benefit from 5 September 1984 but was not entitled to payment between that date and 5 January 1985 as he had not the required minimum of 26 contributions paid or credited in 1982-83 the contribution year governing his claim for that period.

From 7 January 1985, the commencement of a new benefit year, his entitlement to benefit is determined on his 1983-84 insurance record. He had 26 credited contributions in that contribution year and these contributions qualify him for payment of benefit at the weekly rate of £33.35 from 7 January 1985. He is also qualified for payment of pay-related benefit at the weekly rate of £0.18 from 7 January 1985. All disability benefit and pay-related benefit payable from 7 January 1985 to 10 April 1985, the date of the latest medical certificate received, has been issued.

749.

asked the Minister for Social Welfare the reason for the delay in the payment of an unmarried mother's allowance to a person (details supplied) in County Cork; and if he will have this allowance granted to her at an early date.

The person concerned has now been awarded an unmarried mother's allowance with effect from 17 January 1985 and an allowance book with orders payable from 18 April 1985 has been sent to the designated post office for collection by her. She has been notified accordingly.

Arrears for the period 17 January to 17 April 1985 will be paid shortly, after adjustment has been made in respect of maternity benefit paid to her during that time. It was necessary before a decision could be given in this case to establish that the claimant did not intend to resume her previous employment.

750.

asked the Minister for Social Welfare the reason for the delay in the payment of an old age pension to a person (details supplied) in County Cork who applied approximately three months ago; and if he will have this allowance granted at an early date.

The person concerned reached age 66 years on 12 January 1985 and claimed a contributory old age pension on 25 January 1985. One of the qualifying conditions for receipt of a contributory old age pension under the Social Welfare Acts requires a claimant to have a yearly average of at least 20 reckonable contributions over the period from the beginning of the 1953 contribution year or from the beginning of the year in which he entered into insurance, whichever is the later, to the end of the last complete contribution year before he reached pension age.

The Department's records show that the person concerned had a total of 135 contributions in the required period which, in his case, is from 5 January 1953 to 5 April 1984. This is equal to a yearly average of only five and, therefore, he does not qualify for a contributory old age pension. The local social welfare officer has been asked to investigate his entitlement to a non-contributory old age pension and a decision will be made when the investigation is completed.

751.

asked the Minister for Social Welfare the present position with regard to the application for free telephone rental allowance made by a person (details supplied) in County Limerick; and when this allowance will be given as the applicant is in bad health.

There is no record in the Department of an application for a free telephone rental allowance from the person concerned. An application form was issued to him on 16 April 1985. On receipt of the completed application form in the Department an early decision will be given in his case and the applicant will be notified of the outcome.

752.

asked the Minister for Social Welfare the present position with regard to the application for an old age pension made by a person (details supplied) in County Limerick and the means that are being assessed against this person.

It has been decided that the person concerned is not entitled to an old age pension on the grounds that her means are not fully disclosed. A form to enable the person concerned to state her grounds for appealing against the decision was recently issued. On its return the matter will be referred to an appeals officer for determination and the claimant will be notified of the outcome in due course.

753.

asked the Minister for Social Welfare the present position with regard to the dole appeal case of a person (details supplied) in County Limerick.

The person concerned appealed against the amount of means assessed against him. However, arising from his contentions raised in support of his appeal his case was returned to the social welfare officer for further inquiries. These inquiries are not yet completed and when they are the case will be referred to the appeals officer for decision and the rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer. In the meantime weekly payments at £18.75 being the appropriate rate £62.95 less £44.20 means continue to be made to him as they become due.

754.

asked the Minister for Social Welfare the present position with regard to the dole appeal made by a person (details supplied) in County Limerick; and if he is aware that, due to the fact that he has no income, this person is in receipt of £60 per week from the Mid Western Health Board out of which £30 has to be paid for house rental.

In the light of the contentions made by the person concerned in support of his appeal against the amount of means assessed against him his case has been referred to a social welfare officer for further inquiries. When these inquiries are completed his case will be referred to an appeals officer for determination and his entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer. In the meantime he is in receipt of supplementary welfare allowance which is being paid to him pending the outcome of his appeal.

755.

asked the Minister for Social Welfare if he will reconsider the application for an old age pension made by a person (details supplied) in County Roscommon.

It has been decided that the person concerned is not entitled to an old age pension on the grounds that he does not fulfil the statutory condition as to means. The assessment of his means consisting of half the weekly value of capital and a holding exceed the statutory limit for entitlement to pension. The transfers of both the holding and capital are not acceptable for pension purposes.

However, an appeal has been lodged on behalf of the person concerned and the case has been referred to an appeals officer for determination. The claimant will be notified of the outcome in due course.

756.

asked the Minister for Social Welfare when persons (details supplied) in County Clare will be given a free electricity allowance.

An application for a free electricity allowance which was received from the person concerned on 15 April 1985 has been approved and the ESB has been instructed to apply the allowance to his electricity account from the June-July 1985 billing period onwards.

757.

asked the Minister for Social Welfare if he will make unemployment benefit available to a person (details supplied) in County Cork who was working in England for 20 years and is now living in miserable circumstances.

The person concerned does not satisfy the contribution conditions for entitlement to unemployment benefit on the basis of Irish or British contribution records. His unemployment benefit claim was accordingly disallowed. He is at present in receipt of unemployment assistance at £15.85 weekly being the maximum rate appropriate to him £31.75 less £15.90 means. His means are derived from the value of capital.

758.

asked the Minister for Social Welfare when a person (details supplied) in County Cork will receive her amended old age contributory pension book in respect of her deceased husband; and if she is entitled to six weeks dependants payment on her old age pension.

The husband of the person concerned was in receipt of an old age contributory pension up to his death on 8 March 1985. Payment of his pension continued to be payable to his widow for six weeks up to 19 April 1985. The pension book containing three orders payable from 15 March 1985 which she sent to the Department was returned to her and arrangements have been made with the local post office to cash the first three orders in the new book payable from 5 April 1985 which had not been collected by her. A widow's contributory pension book with orders payable from 26 April 1985 has been issued to her.

759.

(Limerick West) asked the Minister for Social Welfare when the appeal of a person (details supplied) in County Limerick against the disallowance of her claim for disability benefit will be heard.

Payment of disability benefit to the person concerned was disallowed from 11 February 1985 following examination by a medical referee who considered her to be capable of work. She appealed against the disallowance and, in connection with her appeal, arrangements have been made to have her examined by a different medical referee on 25 April 1985. Her entitlement to further payment of disability benefit will be reviewed in the light of the medical referee's report following this examination.

760.

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

The person concerned appealed against the amount of means assessed against him on 14 March 1985. However the appeals officer required further information about the case and following inquiries this information was made available to the appeals officer. The appeals officer will determine the appeal at the earliest opportunity and the entitlement to unemployment assistance of the person concerned will be reviewed in the light of the amount of means assessed against him by the appeals officer.

761.

asked the Minister for Social Welfare the reason for the delay in paying an unemployment assistance claim to a person (details supplied) in Dublin 6.

The person concerned claimed unemployment assistance on 4 February 1985 on the basis of a previously held qualification certificate issued to him some time previously when he had been residing with his parents and he is being paid £9.45 weekly being the appropriate rate £30.90 less means of £21.45. His means were derived from the value of board and lodging in his parents' home. All arrears due to him were paid on 19 February 1985.

The case has been referred to a social welfare officer for reinvestigation of his means and his rate of unemployment assistance will be reviewed when these inquiries are completed.

762.

asked the Minister for Social Welfare when a person (details supplied) in Dublin 1 will receive an orphan's allowance for which he applied ten weeks ago.

The claim to orphan's allowance of the person concerned as guardian in respect of his brother, which was received on 11 March 1985, has been awarded with effect from 15 February 1985, the Friday following their mother's death. An allowance book with orders for £27.45 a week payable from 19 April 1985 has been sent to the designated post office for collection by the guardian and he has been notified accordingly.

A payable order for £108.60 in respect of arrears is being sent to the person concerned. This amount is the net amount due after deducting £138.45, a quarter of the amount of his mother's pension which continued to be cashed for six weeks after her death, from the total arrears of £247.05 in respect of the period from 15 February 1985 to 18 April 1985.

At the time of her death, on 8 February 1985, the mother was in receipt of a widow's pension of £92.30 a week in respect of herself and her four qualified children. This continued to be cashed for the six weeks up to 28 March 1985. The other three quarters of the amount paid in respect of that six weeks is being offset against the arrears arising on the separate claims on behalf of his sister and two brothers all of whom have different guardians.

763.

asked the Minister for Social Welfare the reason a person (details supplied) in County Monaghan did not receive a living alone allowance.

The person concerned has been awarded a living alone allowance of £3.20 per week with effect from 29 March 1985, the Friday following her 66th birthday. Allowance books with orders payable from that date have been sent to the designated post office for collection by her and she has been notified accordingly.

764.

asked the Minister for Social Welfare the date on which a person (details supplied) in County Monaghan appealed his claim for unemployment assistance; and when it is expected a decision will be made.

The person applied for a review of his means on 10 January 1985 and the case was referred to a social welfare officer for reinvestigation. The officer's inquiries are not yet completed and when they are his means will be reviewed and his rate of unemployment assistance determined accordingly. In the meantime weekly payments of unemployment assistance at £27.95, being the appropriate long term rate £31.75 less £3.80 means, are being made as they become due.

765.

asked the Minister for Social Welfare when unemployment benefit payments will be issued to a person (details supplied) in County Wexford further to a recent appeal and in view of the circumstances whereby he became unemployed.

The person concerned claimed unemployment benefit on 11 March 1985 and following inquiries his claim was disallowed from 11 March 1985 to 18 April 1985 on the grounds that he lost his employment through his own misconduct. He appealed against the disallowance and arrangements are being made to have his case determined by an appeals officer at the earliest opportunity.

Pending the outcome of this appeal it has been decided that he satisfies the conditions for receipt of unemployment benefit from 19 April 1985 and his claim has been allowed from that date at £96.55 weekly, being the appropriate rate payable in his case. All arrears due will be paid this week and further weekly payments will be made as they become due.

766.

asked the Minister for Social Welfare when he will pay arrears of social welfare assistance to a person (details supplied) in County Wexford.

The unemployment assistance claim of the person concerned was disallowed from 20 February 1985 on the grounds that she was attending a commercial course and accordingly she did not satisfy the condition of being available for work. She was notified of the decision in her case and of her right to appeal against the disallowance of her unemployment assistance claim but to date has not done so. Accordingly there are no arrears of unemployment assistance due to her.

767.

asked the Minister for Social Welfare the arrears of disability benefit due to a person (details supplied) in County Galway; and when the arrears will be paid.

The person concerned claimed disability benefit from 30 October 1979. Payment was disallowed from 3 December 1984 following an examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and was examined by a different medical referee who found him to be incapable of work from that date.

Accordingly payment of disability benefit was restored from 3 December 1984. However, no arrears were payable as in the meantime he had claimed an equivalent amount in unemployment benefit, part of which was refunded to the Western Health Board in respect of supplementary welfare allowance advanced to him. All benefit payable in respect of his claim has been issued to date.

768.

asked the Minister for Social Welfare when an appeal for unemployment assistance will be decided on for a person (details supplied) in County Galway.

In the light of contentions made by the person concerned in support of his appeal against the disallowance of his claim to unemployment assistance his case was referred to a social welfare officer for further inquiries. When these inquiries were completed his case was referred to an appeals officer who assessed him with means of £13.70 weekly effective from 29 August 1984. He is accordingly entitled to unemployment assistance at £18.05 weekly the appropriate rate £31.75 less means £13.70. All arrears due to him will be paid this week and weekly payments of £18.05 will continue to be made as they become due.

769.

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

The person concerned is at present in receipt of unemployment assistance at £1.10 weekly the appropriate rate £31.75 less means £30.65. Her means are derived from the value of board and lodging on her father's holding. Arising out of fresh evidence which recently became available her case is being referred to an appeals officer for further consideration of the assessment of her means. Her rate of unemployment assistance will be reviewed in the light of the outcome of the re-examination of her case by the appeals officer.

770.

asked the Minister for Social Welfare the reason for the delay in the payment of disability benefit to a person (details supplied) in County Galway; and if his Department will ensure regular weekly payments to him in future.

The person concerned has been paid disability benefit from 25 January 1985, the fourth day of incapacity, to 15 April 1985, the date of the latest medical certificate received. Benefit is paid on receipt of the medical certificates in the Department and an examination of payments made since 8 March 1985 shows that there was no undue delay in the issue of payment.

771.

asked the Minister for Social Welfare if he is satisfied that a person (details supplied) in County Limerick is in receipt of full payments of social welfare as this person believes he should be receiving approximately £17.10 more.

The rate of unemployment benefit payable to an applicant is reduced after 156 days of benefit where he does not satisfy a contribution condition of having at least 280 paid contributions in a seven year period prior to the commencement of his claim.

The person concerned claimed unemployment benefit from 24 September 1984 and his claim was allowed at £130.95 weekly being the maximum weekly rate appropriate in his case. Weekly payments at this rate were made to him until 28 March 1985 when he exhausted 156 days of benefit. He did not fulfil the contribution condition for continuous payment of unemployment benefit at the maximum rate and accordingly his weekly rate of unemployment benefit was reduced from £130.95 to £112 weekly from 29 March 1985 and he is at present in receipt of payment at this rate.

772.

asked the Minister for Social Welfare the reason for the delay in processing the application for unemployment assistance made by a person (details supplied) in County Limerick.

The person concerned who is a postal applicant and a married woman applied for a qualification certificate to enable her to claim unemployment assistance. Her case was referred to a social welfare officer for investigation but the case papers went astray in postal transit and were not received by the social welfare officer until the end of March 1985. It is expected that the inquiries in this case will be completed shortly after which her eligibility for a qualification certificate and her entitlement to unemployment assistance will be determined in the light of the outcome.

773.

asked the Minister for Social Welfare the reason for the delay in processing the appeal of a person (details supplied) in County Limerick whose deserted wife's allowance was reduced by £20; and if he is aware that this case is on appeal since last December.

The appeal of the person concerned against the reduction in the rate of deserted wife's benefit being paid to her was received at the end of January. The immediate cause of the appeal was the cessation of an increase of £12.80 a week in respect of a dependant over 18 years of age who ceased full time education in July 1984. Owing to an administrative error, this reduction was not made in the pension until 20 December 1984.

The appeal also made reference to another dependant who had reached 18 years of age in 1983, the increase in respect of whom had ceased to be paid at that stage. The precise entitlements of this latter dependant, whether by way of increase on the pension of the person concerned or otherwise, are being investigated at present. A social welfare officer will call on the person concerned within the next few days to discuss the details of the questions at issue. If necessary, following that officer's report, the case will then be submitted to an appeals officer for determination. The person concerned is at present in receipt of payment in respect of herself and three dependent children.

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