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Dáil Éireann díospóireacht -
Tuesday, 10 Dec 1985

Vol. 362 No. 9

Written Answers. - Social Welfare Benefits.

103.

asked the Minister for Health the reasons the Eastern Health Board has not yet issued a medical card to a person (details supplied) in Dublin 6 despite his letter to that person which stated that it was being issued.

The person in question was accepted as eligible for a medical card by the Eastern Health Board in August 1985. As an acceptance form, signed by a doctor of the person's choice, was not returned to the board a duplicate form is being issued immediately for signature by the doctor of the person's choice. The Eastern Health Board will issue a medical card immediately the completed form is returned.

Question No. 104 withdrawn.

105.

asked the Minister for Social Welfare when payment of pay-related benefit will be made to a person (details supplied) in County Galway.

The entitlement of the person concerned to pay-related benefit could not be determined until certain information regarding her earnings had been furnished by her employer.

The required information was recently furnished, and a voucher, for encashment at her local post office, in respect of all arrears of pay-related benefit due, was issued to her last week. Further combined weekly payments of £44.61, comprised of unemployment benefit of £34.70 and pay-related benefit of £9.91 will continue to be made as they become due.

106.

asked the Minister for Social Welfare when payment of pay-related benefit will be made to a person (details supplied) in County Galway.

Entitlement to pay-related benefit with flat rate unemployment 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 a claimant.

The person concerned claimed unemployment benefit on 6 September 1985 and inquiries are being made to ascertain the exact amount of his earnings in the period 6 April 1985 to 5 September 1985 in order to establish the amount of the 85 per cent limit applicable in his case. He has been asked to furnish a P45 or a statement from his employer of his earnings for this period but so far has failed to do so. His entitlement to pay-related benefit will be determined in the light of the outcome of these inquiries. In the meantime, weekly payments of £39.50 flat rate unemployment benefit will continue to be made as they become due.

107.

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

The appeal of the person concerned against the disallowance of his unemployment assistance claim was recently referred to an appeals officer for determination, at the earliest available opportunity. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

108.

asked the Minister for Social Welfare if he will make a statement regarding the entitlements of a person (details supplied) in Dublin 22, having regard to the fact that he cannot subsist on the amount allowed to him as between his Department and the Eastern Health Board.

The person concerned is a married man with two dependant children who is entitled to a weekly payment of unemployment assistance of £10.95 being the maximum amount appropriate in his case of £76.55 less means of £66. In accordance with regulations which provide for payment of the amount due in respect of an applicant's wife and dependant children to be made to another person, where the circumstances so warrant, a separate weekly payment of £6.14 is being made to his wife and he is in receipt of the balance of £4.81.

He has appealed against the amount of means assessed against him and the case has been forwarded to a social welfare officer for further inquiries. When these inquiries have been completed, the case will be referred to an appeals officer for determination of his means. The rate of unemployment assistance will be reviewed in the light of the decision of the appeals officer. In addition to his weekly unemployment assistance payment of £4.81, the person concerned is currently in receipt of £26.94 supplementary welfare allowance from the Eastern Health Board.

109.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork was told he would be transferred to an invalidity pension and was given an application form for the pension in July; why this decision was overturned despite the supportive medical evidence; and if he will make a statement on the matter.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work.

The person concerned was examined on 11 November 1985 by a medical referee who expressed the opinion that he was permanently incapable of work. Invalidity pension has, therefore, been awarded from 14 November 1985. A pension book payable from 16 January 1986 will shortly be issued to the designated post office of payment. Arrears of pension due in respect of the period 14 November 1985 to 15 January 1986 less the amount of disability benefit paid during that period will be issued by payable order as soon as possible.

110.

asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford has had his old age pension reduced by £28 per week.

During a routine investigation of the old age pension entitlements of the person concerned, it was found that his means had increased since the date of the last assessment. Accordingly, it was decided by a deciding officer on 28 November 1985 that he is entitled to an old age pension at the weekly rate of £26 from 15 November 1985. This is the rate to which he is entitled having regard to the assessment of his means comprising half the weekly value of an occupational pension from the South Eastern Health Board and a small amount of capital.

The pensioner was notified of this decision and pension at the appropriate rate was put into payment at that time.

111.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded unemployment assistance payments; and if he will be allowed an oral appeal hearing to state his case.

Entitlement to unemployment assistance is dependent on an applicant being the holder of a qualification certificate, and to obtain a qualification certificate an applicant must satisfy certain conditions, including an assessment of means.

The person concerned exhausted his entitlement to unemployment benefit on 26 August 1985. He was advised by letter in June 1985 and in August 1985 to apply for a qualification certificate to avoid the possibility of any delay in deciding his entitlement to unemployment assistance, but he did not do so until September 1985, after the exhaustion of his entitlement to unemployment benefit.

The case was referred to the social welfare officer for investigation of means and when the inquiries are completed his entitlement to unemployment assistance will be determined in the light of the amount of means assessed against him. It will be open to the person concerned, at that stage, if dissatisfied, to appeal against the means assessment.

112.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded unemployment assistance payments and, if so, when and the rate which will be applicable.

The person concerned applied for unemployment assistance on 24 September 1985 and was assessed with nil means. He is, accordingly, entitled, to unemployment assistance at the weekly rate of £31.75, the maximum rate payable to him, effective from 24 September 1985.

Payment is being withheld at present as the person concerned has not produced evidence of his date of birth. He has been requested on two occasions to produce this evidence, but has so far failed to do so.

113.

asked the Minister for Social Welfare when a person (details supplied) in County Wexford will be approved for unemployment assistance allowance payments and at the rate which will be applicable.

The entitlement of the person concerned to unemployment assistance has not been finalised because he failed to furnish certain documentary evidence of his means, as requested by the social welfare officer investigating his claim.

He is being advised by his local office of the necessity of co-operating in the investigation of his means, and the relevant papers have been referred back to the social welfare officer to give the person concerned another opportunity to co-operate. His entitlement to unemployment assistance will be determined in the light of the social welfare officer's report.

114.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick was refused unemployment assistance although available for work from 22 August 1985 to 2 December and if he will make a statement on the matter.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking employment.

The person concerned claimed unemployment benefit from 22 August 1985 and her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and attended an oral appeal hearing on 19 November 1985 but the appeals officer also decided she was not available for employment.

She continued to sign the unemployed register and following inquiries to establish her availability for employment her claim was allowed from 20 November 1985 at the appropriate weekly rate, in her case, of £34.70. The arrears due were paid to her last week. She ceased to sign at her local office after 2 December 1985.

115.

asked the Minister for Social Welfare the reason a person (details supplied) in County Limerick has been refused maternity benefit and if he will make a statement on the matter.

The person concerned claimed maternity benefit under the scheme for women in current employment. However, as it appeared that she was no longer in employment her application was treated as an application under the general scheme.

Payment of benefit cannot be approved in this case. She has insufficient contributions paid or credited in 1983-84 or 1984-85, the contribution years which govern her claim.

In order to qualify for benefit a person must have not less than 26 contribution weeks of insurable employment for which the appropriate contributions have been paid and not less than 26 contribution weeks registered (paid or credited) in the last complete contribution year before the beginning of the benefit year in which the allowance is due to commence or in a subsequent complete contribution year, if any, before the allowance is due to commence.

116.

asked the Minister for Social Welfare if a person (details supplied) in County Mayo is entitled to unemployment assistance.

Following a recent investigation of his unemployment assistance claim, the person concerned was assessed with means of £112.26 weekly, derived from the profit from his holding, benefit from his wife's earnings and from the value of capital.

Accordingly, as his means exceed the maximum rate payable to him, his claim to unemployment assistance has been disallowed. If he is dissatisfied with this decision it is open to him to appeal against it and have his means determined by an appeals officer. A form for this purpose can be obtained at his local office.

117.

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

The entitlement of the person concerned to unemployment assistance cannot be determined until inquiries, at present being made by the social welfare officer, have been completed.

When the inquiries are completed his entitlement to unemployment assistance will be determined in the light of the amount of means assessed against him. It is understood that the person concerned is in receipt of supplementary welfare allowance, pending the outcome of his claim.

118.

asked the Minister for Social Welfare when a decision will be given in relation to an unemployment assistance application for a person (details supplied) in County Wexford; and if he will expedite a second visit by the social welfare officer and have a decision made on the report.

The person concerned recently agreed to make herself available for interview and arrangements have been made with the social welfare officer to interview her as soon as possible, regarding her means.

When the inquiries are completed, her entitlement to unemployment assistance will be determined in the light of the amount of means assessed against her. It is understood that the person concerned is in receipt of supplementary welfare allowance, pending a decision on her claim.

119.

asked the Minister for Social Welfare the reason unemployment assistance has been reduced considerably in respect of a person (details supplied) in County Kilkenny and where an appeal against such reduction has been lodged.

Following reinvestigation of the unemployment assistance claim of the person concerned the assessment of means against him was increased from £1.15 weekly to £18.35 weekly, effective from 23 October 1985.

He was, accordingly, in receipt of unemployment assistance at £13.40 weekly, being the appropriate rate in his case of £31.75 less means of £18.35 up to 16 November 1985, when he ceased to sign at his local office.

He recently appealed against the amount of means assessed against him and arising out of contentions made by him in support of his appeal his case has been returned to the social welfare officer for further investigation. When these inquiries are completed his case will be submitted 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.

120.

asked the Minister for Social Welfare if his Department has decided in favour of a person (details supplied) in Dublin 13 whose disability benefit was discontinued on 9 October 1985.

The person concerned was paid disability benefit to 8 October 1985 after which date payment was disallowed following an examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance of benefit and was examined by a different medical referee who also expressed the opinion that he was capable of work. His appeal has been referred to an appeals officer for determination. He will be informed of the appeals officer's decision immediately it is received.

121.

asked the Minister for Social Welfare if he will arrange to have arrears of an invalidity pension in respect of a person (details supplied) in County Offaly paid to his widow.

The husband of the person was awarded an invalidity pension from 4 July 1985. The pension was put into payment by way of pension order book from 24 October 1985. Arrears in respect of the period from 4 July 1985 to 23 October 1985, less the amount of disability benefit paid during that period, were paid by payable order on 13 November 1985. If the late husband of the person concerned did not cash this payable order she should return it to the Department and a replacement payable order will be issued in her favour.

A letter was received on 2 December 1985 from the person concerned advising the Department of her husband's death and enclosing his pension book. The book was transferred to her name and returned to her on the same date with six orders covering payment up to 8 January 1986. A death grant claim form was also issued to her on the same date and she was advised to claim a widow's pension if she had not already done so.

122.

asked the Minister for Social Welfare if a prescribed relative's allowance will be paid to a person (details supplied) in County Cork.

The person concerned is in receipt of an old age contributory pension since 2 October 1981. Two application forms for the prescribed relative's allowance have already been sent to him for completion but have not been returned. A further application form has now been sent to him and a decision will be made when the completed form is returned to the Department.

123.

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

It has been decided that the person concerned is entitled to old age pension at the maximum weekly rate of £47.40 (which includes £3.40 living alone allowance) from 16 August 1985. The appropriate pension books payable from 6 December 1985 issued on 21 November 1985.

Arrears of pension due from 16 August 1985 to 5 December 1985 are held pending a reply from the Southern Health Board regarding the amount of supplementary welfare allowance paid to the person concerned for this period. On receipt of this information any arrears due will be paid to the claimant without delay.

124.

asked the Minister for Social Welfare if he will have an invalidity pension book returned immediately to a person (details supplied) in County Galway who is experiencing extreme financial difficulties as a result of not receiving his invalidity pension.

A renewal invalidity pension order book payable from 3 October 1985 was issued to the designated post office of payment in September 1985 with the general issue of renewal books. The post office notified invalidity pensions section on 3 October 1985 that this book was at an incorrect rate of £98.50 instead of the correct rate which is £86.80. The first order in the £98.50 book was cashed by the post office at the request of invalidity pensions section and the book was then returned the section. A replacement invalidity pension book at the correct rate of £86.80 payable from 10 October 1985 was forwarded to the person concerned on 14 October 1985. It is understood that this book is in his possession.

125.

asked the Minister for Social Welfare if he will approve a free electricity and telephone rental application for a person (details supplied) in County Galway whose husband passed away in June 1985.

There is no record in the Department of receipt of an application for a free telephone rental allowance from the person concerned. An application form was issued to her on 5 December 1985. On receipt of the completed form, her entitlement to the allowance will be considered and she will be notified of the ourcome. Her application for a free electricity allowance was approved and the ESB has confirmed that the allowance was applied to her electricity account from 1 July 1985.

126.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be reconsidered for a non-contributory old age pension on an appeal basis in view of her income situation.

In view of the representations from the Deputy an appeal form has been issued to the person concerned to enable her to state her grounds of appeal against the deciding officer's decision of 20 November 1985 disallowing her claim to old age pension.

On receipt of the completed form the case will be referred to an appeals officer for determination and the person concerned will be notified of the outcome without delay.

127.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway who worked for a six month period with Galway County Council during the past 12 months and had 27 insurance contributions had been refused pay-related social insurance benefit even though he had received this benefit in the last two years as a result of having 19 social welfare contributions during each of those years and if he will now make arrangements for the immediate payment of unemployment benefit to this person.

A claimant for unemployment benefit who is a land holder but does not satisfy the contribution condition of having 78 paid contributions in a three year period is not entitled to unemployment benefit if the income from his holding exceeds £2 daily.

The person concerned, who is a land holder, does not satisfy that contribution condition and inquiries are being made to establish whether the profit from his holding exceeds £2 daily. His entitlement to unemployment benefit will be determined when the social welfare officer's inquiries are completed.

The person concerned claimed unemployment assistance and his claim was put into payment on the basis of an existing qualification certificate with recorded means of £5.48. All arrears of unemployment assistance due have been paid to him and further weekly payments will continue to be made as they become due. His means will be reassessed when the social welfare officer completes his inquiries.

128.

asked the Minister for Social Welfare if he will pay the maximum rate of unemployment assistance to a person (details supplied) in County Cork.

An appeals officer recently assessed the means of the person concerned at £56.30 weekly, derived from the profit from his holding and from the benefit from his wife's old age pension. He is, accordingly, entitled to unemployment assistance at £2.05 weekly, being the appropriate rate in his case of £58.35 less means of £56.30. If he considers that his means have changed since the last investigation by the social welfare officer, it is open to him to apply for a review of his means. Weekly payments will continue to be made as they become due.

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