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Dáil Éireann díospóireacht -
Thursday, 4 Jul 1985

Vol. 360 No. 3

Written Answers. - Social Welfare Benefits.

37.

asked the Minister for Social Welfare the reason a person (details supplied) in County Westmeath has not been paid benefits for the past six weeks.

The person concerned claimed disability benefit from 18 June 1984 and payment was made to 27 May 1985 based on her insurance record for the 1982-83 contribution year.

She did not attend for examination by a medical referee of the Department on 28 May 1985 and as a result payment of benefit was disallowed for the statutory period of six weeks from 28 May 1985. She was informed of the disallowance of benefit on 7 June 1985.

She is not entitled to payment of benefit from 20 June 1985 as contributions recorded on her behalf for the 1983-84 year are recorded at Class J and do not give cover for disability benefit. If the person concerned wishes to submit an explanation for her non-attendance at the medical referee examination, consideration will be given to payment of benefit from 28 May 1985 to 19 June 1985.

38.

asked the Minister for Social Welfare if the claim for unemployment assistance of a person (details supplied) in County Galway has been decided upon.

The person concerned is at present in receipt of unemployment assistance at £10.75 weekly, the appropriate rate £72.25 less means £61.50 derived from the profit from his holding. He recently requested a review of his means and his case has been referred to a social welfare officer for investigation. When these inquiries are completed his means will be reviewed and the rate of unemployment assistance payable to him determined accordingly.

39.

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

Following reinvestigation of his unemployment assistance claim the means of the person concerned were assessed at £45.80 weekly derived from profit from his holding and from capital. He is accordingly in receipt of unemployment assistance at the weekly rate of £40.95 the appropriate rate £86.75 less means £45.80. He requested an appeal form from his local office last week and when the completed form is returned his case will be referred to an appeals officer who will determine the case at the earliest opportunity.

40.

asked the Minister for Social Welfare the reason a children's allowance was not paid from January 1985 in respect of a person (details supplied) in County Tipperary; if in view of the circumstances, retrospective payments will be made; and the date of such payments.

An application for children's allowance was made in respect of the child concerned, who was born in December 1984 on 12 April 1985. A children's allowance was awarded from May 1985. Under the regulations payment in respect of the period January 1985 to April 1985 could not be made as the claim was not received within three months of the birth of the child. Payment for this period may be made only if there were exceptional or extenuating circumstances for failure to claim in time and the circumstances in this case could not be regarded as warranting backdating of the allowance.

41.

asked the Minister for Social Welfare if a person (details supplied) in County Laois is entitled to arrears of pay-related benefit and if he will have his claim for arrears investigated.

Pay-related benefit is calculated on the basis of reckonable weekly earnings during the relevant income tax year. The person concerned has claimed unemployment benefit intermittently from 9 April 1984. The relevant tax year which determines his entitlement to pay-related benefit is the period 6 April 1982 to 5 April 1983 and on the basis of his earnings for this period he was in receipt of pay-related benefit of £8.02 per week for the first phase and £6.42 for the second phase which commenced on 23 May 1985. All payments of pay-related benefit due to him have been made and there are no arrears due.

42.

asked the Minister for Social Welfare when a deserted wife's allowance will be restored to a person (details supplied) in County Laois.

The payment of deserted wife's allowance to the person concerned was terminated, with effect from 25 October 1984 on the grounds that she no longer satisfied the conditions for receipt of the allowance. The claimant appealed against the decision and her case was referred back to the local social welfare officer for further investigation. As soon as the inquiries are completed her claim will be reviewed and if necessary referred to an appeals officer for determination. In that event, should he decide to hold an oral hearing of the appeal the claimant will be notified of the date and venue of the hearing.

43.

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

An overpayment amounting to £624.14 was assessed against the person concerned in respect of a period in 1980 during which he claimed unemployment benefit while working. Weekly payments of £5 towards recovery of this amount are being made. He is accordingly in receipt of £83.35 weekly the appropriate maximum weekly rate £88.35 less £5 deduction. The balance of the overpayment outstanding as at 3 July was £243.

44.

asked the Minister for Social Welfare if he will expedite the payment of arrears of her old age pension for a person (details supplied) in County Roscommon.

Payment of her late husband's retirement pension for the nine weeks period in which it was not collected prior to his death will be issued to the person concerned in the next few days.

45.

asked the Minister for Social Welfare if he will expedite the approval of a free telephone rental allowance for a person (details supplied) in County Roscommon.

To qualify for a free telephone rental allowance a person in receipt of a qualifying payment must be living 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.

An application from the person concerned for a free telephone rental allowance was refused in September 1983. He resides with his wife, daughter aged 18 and brother-in-law. His brother-in-law is also in receipt of a qualifying payment. For the person concerned to qualify for the allowance it would be necessary that the other members of the household be permanently incapacitated as required by the scheme. From the medical evidence furnished this was not the case and the allowance could not therefore be granted to the applicant. If the person concerned feels that the conditions of the scheme might now be satisfied in his case it is open to him to reapply for the allowance.

46.

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

Because of an administrative error payment was not issued to the person concerned from 7 June 1985. The error has now been rectified and all benefit payable to date has been issued. The error is regretted.

47.

asked the Minister for Social Welfare when an old age pension will be granted to a person (details supplied) in County Louth.

The person concerned has been awarded an old age contributory pension at the maximum personal rate with effect from 21 June 1985, that is, the day on which he reached age 66 years. He is not entitled to an adult dependant's allowance in respect of his wife as she is in receipt of an invalidity pension in her own right. A pension book containing orders payable from 21 June has been issued to the designated post office for collection by him and he has been notified accordingly.

48.

asked the Minister for Social Welfare if he will pay disability benefit to a person (details supplied) in County Cork.

The person concerned submitted a certificate on 14 May 1985 stating that she had been ill and incapable of work from 2 March 1985. The incapacity and frequency of examinations were not stated on this certificate and no further medical evidence has been received. A request for additional details regarding her incapacity has been issued to the person concerned and on receipt of these details her entitlement to benefit will receive further consideration.

49.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in Dublin 24.

The person concerned claimed disability benefit from 15 December 1980 and payment was issued to 5 January 1985. Payment was disallowed from 7 January 1985 following examination by a medical referee who expressed the opinion that she was capable of work.

She appealed against the disallowance and was examined by a different medical referee who also expressed the opinion that she was capable of work. Her case was then referred to an appeals officer who upheld the decision to disallow payment of disability benefit from 7 January 1985 to 1 April 1985 the date of the last medical certificate before him. The decision of the appeals officer is final and can only be altered in the light of new facts or fresh evidence.

Question No. 50 withdrawn.

51.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford received no information regarding her application for a non-contributory old age pension.

It has been decided that the person concerned who claimed on 2 April 1985 is entitled to payment at the weekly rate of £27.30 from 5 April 1985. This is the appropriate rate having regard to the assessment of her means consisting of half the weekly value of a holding.

As her husband was in receipt of an old age pension which includes an allowance in respect of her, it has been necessary to recall his book for adjustment to the single rate. When the book is received the new book and arrears due will be issued. The delay in dealing with this case was due to the pressure of work at the social welfare station concerned.

52.

asked the Minister for Social Welfare the reason a person (details supplied) in County Wexford who sent in three weekly medical certificates and one final certificate has received no disability benefit to date.

The person concerned claimed disability benefit from 22 May 1985. She was not entitled to benefit at the commencement of her claim because according to the records of the Department she had less than the required minimum of 26 contributions paid since entry into insurable employment.

She subsequently submitted details of her employment record confirming that she has sufficient contributions paid to qualify for payment of benefit. All benefit payable to 8 June 1985, after which date she was certified fit to resume work, has been issued to the person concerned.

53.

asked the Minister for Social Welfare the reason for the delay in the payment of social welfare assistance to a person (details supplied) in Dublin 6 who first made an application 11 weeks ago and to date has received no payments.

The entitlement of the person concerned to unemployment assistance could not be determined until the social welfare officer investigating his means completed his inquiries. These inquiries were recently completed and his claim was allowed at £22.80 weekly the appropriate rate £32.80 less means £10. His means are derived from the benefit of board and lodgings in his brother's home. All arrears due were paid to him last week less an amount in respect of supplementary welfare allowance paid to him by the health board pending a decision on his claim. Weekly payments will continue to be made as they become due.

54.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 5 was refused an old age pension; and if he will make a statement on the matter.

The person concerned is not entitled to an old age pension as her means, comprising half the weekly value of her husband's earnings, are in excess of the statutory limit of £44 a week for receipt of this pension.

55.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Kildare who has been off work due to illness since 4 June 1985 and who has been refused unemployment benefit.

The person concerned was not entitled to unemployment benefit for the period 4 to 11 June 1985 as she was incapable of work. A medical certificate which she submitted to her local office when claiming unemployment benefit has been forwarded to the disability benefits section of the Department. That section will be in touch with her shortly regarding her entitlement to disability benefit.

56.

asked the Minister for Social Welfare when pay-related benefit will be paid to a person (details supplied) in County Kildare who is married with three children.

The person concerned was in receipt of unemployment benefit from 22 April 1985 to 25 June 1985. His entitlement to pay-related benefit during this period is based on his reckonable earnings in the relevant income tax year 6 April 1983 to 5 April 1984. He had three separate employments in this income tax year and each of his employers has been requested to supply details of his earnings in order that his reckonable earnings can be established. When these inquiries have been completed his entitlement to pay-related benefit will be determined.

57.

asked the Minister for Social Welfare the reason recipients of the reduced rate of unemployment benefit could be receiving less than their equivalents on unemployment assistance.

The reduced rate of unemployment benefit payable in certain cases after the first six months of unemployment is equivalent to the maximum urban rate of unemployment assistance, payable to people who have been unemployed for less than 15 months.

A higher long term unemployment assistance rate was introduced in October 1983 in recognition of the special needs of people who have been unemployed for over 15 months and this policy has been confirmed by the granting of further special increases for the long term unemployed in July 1984 and again in July 1985. Persons in receipt of the reduced rate of unemployment benefit can qualify for the higher long term unemployment assistance rate if they go on to unemployment assistance having exhausted their 15 months' entitlement to unemployment benefit.

58.

asked the Minister for Social Welfare if a person (details supplied) in Dublin 1 is entitled to a deserted wife's allowance; and, if not, the reason.

One of the conditions for the receipt of a deserted wife's payment is that a person must make and continue to make reasonable efforts within the means available to her to trace her husband and to prevail on him to contribute to her support.

The deciding officer held that this condition was not satisfied in the case of the person concerned and disallowed her claim in November 1978. She appealed against this decision and after an oral hearing of her case the appeals officer upheld the deciding officer's decision. The appeals officer's decision is final and conclusive and can only be reviewed in the light of new facts or fresh evidence being made available to him.

59.

asked the Minister for Social Welfare the outcome of the appeal for disability benefit made by a person (details supplied) in Dublin 1.

Payment of disability benefit to the person concerned was disallowed from 15 January 1985 following an examination by a medical referee who expressed the opinion that she was capable of work. She appealed against the disallowance and she was examined on 28 February 1985 by a different medical referee who also expressed the opinion that she was capable of work. Her case has been referred to an appeals officer who proposes to hold an oral hearing as soon as possible. The person concerned will be notified of the date and place of the hearing as soon as the arrangements have been completed.

60.

asked the Minister for Social Welfare if two further weeks' payments of maternity benefit will be paid to a person (details supplied) in County Wexford in view of the fact that the Act in question entitled recipients to a total of 14 weeks payment including four weeks before and ten weeks after the confinement.

The person concerned claimed maternity benefit under the general maternity scheme which applies to persons who are not currently employed or who do not intend to return to work after the birth of the baby. The normal payment duration for such cases is 12 weeks. This is subject to a provision that the leave must commence not later than six weeks before the end of the week in which the baby is expected. In order to receive a full 12 weeks payment, the person concerned would have needed to commence her leave period not later than 4 March 1985. She did not, however, commence her leave until 16 March 1985 and, as a result, she was only entitled to benefit for ten weeks.

The scheme for women in current employment provides for a payment duration of 14 weeks and applies to women who are on maternity leave from work under the Maternity (Protection of Employees) Act, 1981.

61.

asked the Minister for Social Welfare when payments of an unmarried mother's allowance will be approved for a person (details supplied) in County Wexford.

The claim of the person concerned for unmarried mother's allowance is at present with a local officer of the Department for investigation. On receipt of the officer's report, which is expected within a week or so, a decision will be given on the case and the claimant will be notified.

62.

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

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 in the case of the person concerned and disallowed her claim. Notification of this decision and of her right to appeal against it if she is dissatisfied has been issued to the claimant.

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