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Dáil Éireann díospóireacht -
Tuesday, 12 Nov 1985

Vol. 361 No. 8

Written Answers. - Social Welfare Benefits.

145.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway has been refused unemployment assistance.

The person concerned has not been refused unemployment assistance but following a recent reinvestigation, his means were assessed at £4.80 weekly, derived from the profit from his holding. He is accordingly entitled to unemployment assistance at the weekly rate of £29 being the appropriate rate in his case of £33.80 less means of £4.80.

It is open to him to appeal, if dissatisfied, and have his means determined by an appeals officer. A form for this purpose may be obtained at his local office. Weekly payments will continue to be made as they become due.

146.

asked the Minister for Social Welfare if he will investigate the reasons for the delay in the case of a person (details supplied) in County Limerick who applied for the unemployment assistance ten weeks ago and has already been seen by a social welfare officer.

The entitlement of the person concerned to unemployment assistance could not be determined as she failed to co-operate fully with the social welfare officer in the investigation of her means. She has not replied to a letter which was issued to her on 14 October 1985 advising her that if she was willing to co-operate she should inform her local office accordingly.

If she informs her local office that she is now prepared to co-operate with the social welfare officer arrangements will be made to have her means investigated and her entitlement to unemployment assistance will be determined in the light of the means assessed against her.

147.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded increased payments of unemployment assistance in view of the recent appeal against the means assessed for him.

The person concerned is at present in receipt of unemployment assistance at the weekly rate of £15.90 being the appropriate rate in his case of £31.74 less means of £15.85 derived from the value of board and lodgings in his parents home. He appealed on 6 November 1985 against the amount of means assessed against him and arrangements are being made to refer his case to an appeals officer for determination. The rate of unemployment assistance payable will be reviewed in the light of the decision of the appeals officer. In the meantime weekly payments of £15.90 will continue to be made as they become due.

148.

asked the Minister for Social Welfare the reason unemployment assistance is not being paid to a person (details supplied) in County Laois.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from self employment exceeded the statutory limit. He appealed against the disallowance and arising from contentions made by him in support of his appeal the case was returned to the social welfare officer for further inquiries. When the inquiries are completed his case will be referred to an appeals officer for determination of his means and his entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

149.

asked the Minister for Social Welfare if he will confirm that a person receiving unemployment assistance or disability benefit for a period of at least two years should qualify under the free fuel voucher scheme; and if he will make a statement on the matter.

Recipients of short term social welfare payments such as unemployment assistance and disability benefit are, in general, excluded from the national fuel scheme administered by the health boards. Unemployment assistance recipients with dependants, however, qualify under the urban schemes administered by the local authority in 17 cities and towns.

A person who has been incapable of work and receiving disability benefit and is regarded by a medical referee as being permanently incapable of work may qualify for invalidity pension. In which event he could qualify for free fuel under the national fuel scheme, provided certain conditions are satisfied.

150.

asked the Minister for Social Welfare the reason for the delay in the payment of unemployment benefit to a person (details supplied) in County Waterford.

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions at the appropriate class paid or credited in the governing contribution year.

According to the Department's records the person concerned has only 8 weeks of insurable employment at a class that provides cover against unemployment, during the contribution period 6 April 1983 to 5 April 1984 which governed entitlement to unemployment benefit on her claim of 12 September 1985. She had a further 34 contributions paid on her behalf during the contribution period but these were not insurable at a class which provides cover against unemployment.

She then applied for unemployment assistance and was assessed with means of £15.85 weekly effective from 12 September 1985, derived from the value of board and lodgings on her parents holding. She is accordingly entitled to unemployment assistance, which in respect of a full week would amount to £15.90 being the appropriate rate in her case of £31.75 less means of £15.85.

However, as the applicant works one day per week she will be paid £13.25 in respect of five days only and all arrears due will be paid this week. Weekly payments will continue to be made as they become due.

151.

asked the Minister for Social Welfare the reason for the delay in the payment of unemployment assistance to a person (details supplied) in County Waterford who is signing since February.

According to the records of the Department, the person concerned, who was single at the time, applied for unemployment assistance on 15 April 1985. Following investigation by a social welfare officer, his means derived from self-employment, were assessed at £53.80 weekly, and as this exceeded the maximum rate of unemployment assistance payable, his claim was disallowed.

He appealed against the means assessment and arising from contentions made in support of his appeal, the case was returned to the social welfare officer for investigation. However, on the three occasions that the social welfare officer called to the home of the person concerned, he was not available for interview. He is being afforded another opportunity to co-operate with the social welfare officer and has been advised by his local office to make himself available for interview. When the necessary inquiries are completed, the appeal will be referred to an appeals officer for determination.

When the person concerned appealed and applied for a review of his means on 2 August 1985, due to an oversight at his local office it was not noted that he had married since he first applied for unemployment assistance and was therefore entitled to payment. The oversight has now been rectified and his claim to unemployment assistance was authorised at the weekly rate of £9.15, being the appropriate rate in his case of £62.95 less means of £53.80. A voucher in respect of all arrears due was recently posted to him, and weekly payments will continue to be made as they become due.

152.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick was refused unemployment assistance; and the date when an appeal against this decision will be heard.

The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish particulars of his means he failed to show that his means did not exceed the statutory limit. He appealed against the disallowance of his claim and the case was submitted to an appeals officer for determination. The appeals officer however required further information and the papers were therefore returned to the social welfare officer. When these inquiries are completed his appeal will be decided by the appeals officer at the earliest available opportunity. The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the decision of the appeals officer. It is understood that the person concerned is at present in receipt of supplementary welfare allowance.

153.

asked the Minister for Social Welfare if he will give details of the means assessed against a person (details supplied) in County Kerry in connection with his application for unemployment assistance under the small farmers scheme which was rejected on appeal.

The means of the person concerned were assessed with effect from 11 March 1985 at £38.20 weekly derived from the profit from his holding and from the value of capital. In calculating the means, the deciding officer took into consideration the gross income of the farm at £5,345 per annum less expenses amounting to £3,560 per annum incurred in earning that income. The net income from the farm was calculated therefore at £1,785 per annum and in addition the value of his capital calculated in accordance with the statutory provisions, amounted to £203.74. The means of the person concerned were accordingly assessed at £1,988.74 per annum, or £38.20 per week.

The means of the person concerned exceeded the maximum rate of unemployment assistance payable to him and accordingly his claim was disallowed. He did not, however, appeal against the disallowance of his claim but it is still open to him to do so, and if he wishes he may apply to have an oral hearing of his appeal. A form for this purpose can be obtained at his local employment office.

154.

asked the Minister for Social Welfare the reason for the refusal to grant a living alone allowance to a person (details supplied) in County Kildare who lives alone despite reports from the social welfare officer; and the reason a free telephone rental allowance has not been issued in this case.

The person concerned has been awarded a living alone allowance with effect from 6 September 1985. A supplementary allowance book containing orders payable from 4 October 1985 has been issued to the designated post office for collection by her and she has been notified accordingly. The arrears from 6 September 1985 to 3 October 1985 will be issued to her by payable order within the next few days. She has also been approved for a free telephone rental allowance. Telecom Éireann has been advised of the decision and will arrange to apply the allowance from the date on which the applicant is provided with a telephone service.

155.

asked the Minister for Social Welfare when a person (details supplied) in County Roscommon who appealed for unemployment assistance will be given an oral hearing; and if he will give a breakdown of how his means have been assessed.

The person concerned appealed against the disallowance of his unemployment assistance claim but did not request an oral hearing. An appeals officer assessed his means with effect from 12 December 1984 at £57 weekly derived from the profit from his holding and all arrears of unemployment assistance due were paid on 9 April 1985. He is currently entitled to unemployment assistance at the weekly rate of £49.25, being the appropriate rate in his case of £106.25 less means of £57. The profit from his holding was calculated on the basis of a gross income of £6.970 per annum less £4,006 per annum by way of expenses incurred in earning that income. Accordingly, he was deemed to enjoy a profit of £2,964 per annum or £57 per week from his holding. Weekly payments of £49.25 will continue to be made as they become due.

156.

asked the Minister for Social Welfare the reason unemployment assistance was reduced in the case of a person (details supplied) in County Roscommon; how this person's means were assessed by the social welfare officer, and when this appeal will be examined.

Following investigation of the unemployment assistance claim of the person concerned by social welfare officer the net income of his holding was calculated at £3,200 per annum, £61.50 weekly. He appealed against the means assessment and an appeals officer also assessed him with means of £61.50 weekly and he was notified accordingly.

He is therefore entitled to unemployment assistance at the weekly rate of £5.55 being the appropriate rate in his case of £67.05 less means of £61.50.

He recently applied for a review of his means and his case has been referred to a social welfare officer for investigation. The rate of unemployment assistance payable will be reviewed in the light of the social welfare officer's report. If the person concerned is then dissatisfied with the amount of means assessed against him it will be open to him under new arrangement introduced some months ago, to apply for an oral hearing of his case. In the meantime weekly payments will continue to be made as they become due.

157.

asked the Minister for Social Welfare if he will arrange for an appeal to be opened for a person (details supplied) in Dublin 12 who is receiving disability benefit and wants to receive an invalidity pension.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. The person concerned was examined by a medical referee on 24 September 1985 who did not consider him to be permanently incapable of work. A deciding officer decided that he was not therefore entitled to invalidity pension. He has appealed against this decision and arrangements have been made to have him examined by a different medical referee on 19 November 1985. His entitlement to invalidity pension will be reviewed in the light of the report of that examination.

158.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork is not being paid pay-related benefit.

The person concerned claimed unemployment benefit on 11 July 1985 and is in receipt of £38.05 weekly, being the appropriate rate for a single man who has a total of 47 contributions in the governing contribution year. The person concerned, however, has insufficient earnings during the relevant income tax period 6 April 1983 to 5 April 1984 to entitle him to pay-related benefit.

159.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork had his rate of pay-related benefit reduced.

Entitlement to pay-related benefit is subject to the condition that the weekly sum of pay-related benefit, flat rate unemployment benefit and income tax rebate may not exceed 85 per cent of the average net weekly earnings of the claimant, since the beginning of the income tax year in which the claim is made.

The person concerned claimed unemployment benefit on 24 August 1984 following his attendance at an AnCO training course and employment with Youghal UDC and the 85 per cent limit applicable on this claim was calculated at £87.26. The person concerned is in receipt of the maximum flat rate unemployment benefit of £85 weekly and accordingly, the weekly amount of pay-related benefit to which he is entitled is limited to £2.26 weekly.

He was in receipt of pay-related benefit of £25.59 weekly in respect of a previous claim to unemployment benefit in the period 20 February 1984 to 12 May 1984. The 85 per cent limit in that claim was calculated in respect of a different period to the one applicable on his current unemployment benefit claim.

160.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork only received a very low rate of unemployment assistance when he was unemployed.

The person concerned applied for unemployment assistance on 11 February 1985 following exhaustion of his entitlement to 390 days unemployment benefit. His claim was investigated and he was assessed with means of £14 weekly, derived from the value of board and lodgings in his parent's home. He appealed against the amount of means assessed against him but an appeals officer also assessed his means at £14 weekly. The person concerned was, accordingly, entitled to unemployment assistance at the weekly rate of £17.75 from 11 February 1985, being the appropriate rate in his case of £31.75 less means of £14, increased to £19.80 from 3 July 1985, being the appropriate rate of £33.80 less means of £14. He ceased signing at his local office on 3 September 1985.

161.

asked the Minister for Social Welfare to arrange for the immediate payment of the maximum rate of unemployment assistance to a person (details supplied) in County Galway.

It has not been possible to positively identify the claimant concerned from the information given in the details supplied, which do not quote a christian name and there is more than one applicant with the surname quoted, at the address given. Further inquiries in the matter will be made if the Deputy will furnish additional information to enable the person concerned to be identified.

162.

asked the Minister for Social Welfare to arrange for immediate payment of unemployment assistance which was applied for in July 1985 to a person (details supplied) in County Galway.

The person concerned is at present in receipt of unemployment assistance at £28.70 weekly being the appropriate rate in his case of £31.75 less means of £3.05. His means are derived from the value of board and lodging on his father's holding. All arrears due were paid to him on 31 October 1985 and weekly payments of £28.70 will continue to be made as they become due.

163.

asked the Minister for Social Welfare the reason a free electricity allowance has not been restored to a person (details supplied) in County Galway despite the fact that his Department has had detailed information on this situation for over six months; if he will now direct his Department to restore this allowance immediately; and if he will make a statement on the situation.

To qualify for a free electricity allowance, a person must reside alone or with categories of persons whose residence is excepted for the purposes of the scheme. Free electricity allowance was terminated in the case of the person concerned as his two daughters who resided with him ceased to come within the excepted categories for satisfying the living alone condition of the scheme.

In August, he informed the Department that his daughters were no longer resident at home. However, at this stage another child had reached eighteen years of age and further inquiries were necessary to confirm the make-up of the household. These inquiries indicate that this child, a son of the claimant, is still residing at home and as he no longer comes within the excepted categories for satisfying the living alone condition of the scheme, free electricity allowance cannot be restored in this case.

164.

(Dublin North-West) asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 11 had an application for a fuel allowance refused this year despite the fact that the circumstances have not changed since 1984.

It is understood from the Eastern Health Board, which is responsible for the administration of the national fuel scheme in the Dublin area, that the application of the person concerned was refused as he is not in a category of persons with eligibility under the scheme. The categories of persons covered by the national fuel scheme are recipients of long term social welfare or analogous payments and recipients of basic supplementary welfare allowance who fulfil certain conditions. The person concerned is in receipt of short term payments from this Department and recipients of short term social welfare payments are generally excluded from the national fuel scheme.

165.

(Dublin North-West) asked the Minister for Social Welfare the reason an old age pensioner (details supplied) in Dublin 9 had his application for a fuel allowance refused this year despite the fact that his circumstances have not changed since 1984.

The Eastern Health Board is responsible for the administration of the national fuel scheme in the Dublin area and it is understood from them that the application of the person concerned for a fuel allowance under the 1985-86 scheme was refused on means grounds. In addition to his contributory old age pension the person concerned has income from a small occupational pension and an annuity. He has appealed against this decision and will be notified of the outcome in due course. He was awarded a fuel allowance under the 1984-85 scheme based on means from his contributory old age pension and his occupational pension.

166.

(Dublin North-West) asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 9 who is an invalid in a wheelchair had an application for a fuel allowance refused this year despite the fact that his circumstances have not changed since 1984.

The Eastern Health Board is responsible for the administration of the national fuel scheme in the Dublin area and it is understood from them that the application of the person concerned for a fuel allowance under the national fuel scheme has been refused on means grounds and also on the ground that he does not fulfil the statutory condition which requires him to be living alone or only with certain specified categories of persons.

While the circumstances of the person concerned may not have changed since his application for the 1984-85 fuel scheme it now appears that full particulars of the composition and the income of the household were not available with that application.

167.

asked the Minister for Social Welfare the reason the award of a non-contributory old age pension of a certain sum to a person (details supplied) in County Dublin was changed to a much lesser sum.

The person concerned was in receipt of supplementary welfare allowance of £31.75 a week up to 26 October 1985. It has been decided by a deciding officer that he is entitled to an old age pension at the weekly rate of £7.40 from 9 August 1985 which includes £3.40 living alone allowance. This is the rate to which he is entitled having regard to the assessment of his means consisting of the weekly letting value of a holding.

The appropriate pension book, payable from 25 October 1985, was issued on 2 October 1985. The arrears covering the period 9 August 1985 to 24 October 1985 have been offset against the supplementary welfare allowance paid to the claimant for this period. If the person concerned is dissatisfied with the decision given on his claim, it is open to him to appeal against it.

168.

asked the Minister for Social Welfare the reason a person (details supplied) in County Tipperary has been refused an old age pension, when it will be restored, and the amount which will be paid.

It has been decided that the person concerned is not entitled to old age pension from 25 October 1985 on the grounds that she does not fulfil the statutory condition as to means. The assessment of her means consisting of the weekly value of her British retirement pension, exceeds the statutory limit for entitlement to pension.

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