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Dáil Éireann díospóireacht -
Wednesday, 22 Jan 1986

Vol. 363 No. 1

Written Answers. - Social Welfare Benefits.

246.

asked the Minister for Social Welfare if he will reconsider the application for an old age pension on behalf of a person (details supplied) in County Offaly.

It has been decided by an appeals officer that the person concerned is not entitled to old age pension on the grounds that he does not fulfil the statutory condition as to means. The assessment of his means, consisting of the weekly value of a holding, exceeds the statutory limit for entitlement to pension. If he feels his circumstances have changed it is open to him to reapply for pension by notifying the Department and his case will be reinvestigated.

248.

asked the Minister for Social Welfare the present position regarding the case of a person (details supplied) in County Westmeath who wishes to appeal a decision affecting his entitlement.

An appeals officer decided that the person concerned was not incapable of work within the meaning of the Social Welfare Acts during the period from 14 May 1984 to 1 April 1985 (the date of the latest medical certificate before him at that time) and is not entitled to be paid disability benefit in respect of that period.

An appeals officer's decision is final and may only be altered in the light of new facts or fresh evidence. The person concerned has continued to submit medical certificates and arrangements have been made to have him examined again by a medical referee on 22 January 1986. His claim to benefit subsequent to 1 April 1985 will be reviewed in the light of the medical referee's report.

249.

asked the Minister for Social Welfare if he will give details of the means assessed against a person (details supplied) in County Kerry for unemployment assistance who fails to understand the assessment against him in view of the fact that he is married with one child; and if he will make a statement on the matter setting out the present position in relation to his appeal.

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.

In accordance with the provisions of the legislation governing the unemployment assistance scheme, the value of any benefit or privilege derived by an applicant from any source must be taken into account in the assessment of means. In establishing the value to the applicant of the board and lodging enjoyed by him on his parents' holding the deciding officer took into consideration the profit of that holding, put at £6,000 per annum, and, on a weighted basis, the person concerned and his dependants were assessed with board and lodging valued at £57.65 weekly.

He appealed against the amount of means assessed against him and the appeals officer reduced the assessment of his means to £28.80 weekly. Accordingly, he is at present in receipt of unemployment assistance at £38.25 weekly, being the appropriate maximum rate payable in his case of £67.05 less means of £28.80. All arrears due were paid to him and weekly payments will continue to be made as they become due.

250.

asked the Minister for Social Welfare if he will give details in respect of a person (details supplied) in County Kerry of the other means assessed against him in addition to the £3,800 profit from land; and if he will make a statement on the matter.

The means of the person concerned, derived entirely from the profit from his holding, were assessed with effect from 13 February 1985 by a deciding officer at £96.15 weekly. In calculating this amount, the deciding officer took into consideration the gross yearly income of the farm at £16,000 less expenses amounting to £11,000 incurred in earning that income, leaving a net profit of £5,000 per annum, or £96.15 weekly.

The person concerned appealed against the amount of means assessed against him but an appeals officer also assessed his means at £96.15 weekly. Accordingly, he is in receipt of unemployment assistance at £22.50 weekly being the appropriate rate payable in his case of £118.65, less means of £96.15. If he considers that his means have changed, it is open to him to apply to have them reviewed. A form for this purpose may be obtained at his local office.

251.

asked the Minister for Social Welfare if he will consider the application of a person (details supplied) in County Westmeath, who wishes to transfer from disability payment to an invalidity pension.

Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work. Arrangements are being made to have him examined by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

252.

asked the Minister for Social Welfare the reasons unemployment benefit has not been paid to a person (details supplied) in County Galway; if he is aware of this person's long record contribution in both stamps and PRSI; if he will now make immediate restoration of unemployment benefits; the date on which this will happen; the total weekly payments including arrears that will be paid; and if he will make a statement on the matter.

A person who has exhausted entitlement to unemployment benefit cannot re-qualify for benefit until he has a further 13 weeks of employment which is insurable at a contribution class which provides cover against unemployment. Any weeks of insurable employment after 156 days of benefit have been drawn are counted for this purpose.

The person concerned exhausted his entitlement to 390 days unemployment benefit on 21 December 1985 and does not satisfy the contribution condition of having 13 re-qualification contributions. His means were assessed at nil and he is, accordingly, in receipt of unemployment assistance at the maximum appropriate weekly rate of £33.80. All payments due have been made to him and weekly payments will continue to be made as they become due.

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