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Dáil Éireann díospóireacht -
Tuesday, 4 Mar 1986

Vol. 364 No. 4

Written Answers. - Social Welfare Benefits.

95.

asked the Minister for Health if he is aware that a person (details supplied) in County Wexford who is terminally ill applied for a disabled person's maintenance allowance in December 1985 and that his application has not yet been processed.

The South Eastern Health Board is examining an application for a disabled person's maintenance allowance at present. A decision will be taken shortly. In the meantime the person is receiving supplementary welfare allowance.

96.

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 at what rate.

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 and indicated a willingness to disclose his means and the papers were returned to the social welfare officer for investigation. The inquiries were recently completed and a deciding officer revised a previous decision and assessed his means at £20 weekly, derived from self-employment as a musician.

He is, accordingly, entitled to unemployment assistance at £59.50 weekly being the appropriate maximum rate payable in his case of £79.50 less means of £20. Weekly payments will commence this week and when the amount to be recouped to the local health board in respect of supplementary welfare allowance advanced to him has been ascertained, the remainder of any arrears due will be paid to the person concerned.

97.

asked the Minister for Social Welfare the reason a person (details supplied) in County Galway is in receipt of unemployment assistance at the rate of only £18.20 per week.

Following reinvestigation of his unemployment assistance claim the means of the person concerned were assessed at £16.75 weekly, derived from the value of board and lodgings in his parents' home. He is, accordingly, entitled to unemployment assistance at £18.20 weekly, being the appropriate maximum rate payable in his case of £34.95 less means of £16.75.

He applied for a review of his means and the papers have again been referred to a social welfare officer for investigation. The rate of unemployment assistance payable will be reviewed in the light of the outcome. Further weekly payments of £18.20 will continue to be made as they become due.

98.

asked the Minister for Social Welfare if a person (details supplied) in County Offaly is in receipt of the correct rate of unemployment assistance.

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed on 19 February 1986 with nil means, effective from 21 November 1985. He is, accordingly, entitled to unemployment assistance at the appropriate maximum rate of £62.95 weekly. All arrears due were paid last week and weekly payments of £62.95 will continue to be made as they become due.

99.

asked the Minister for Social Welfare if she will expedite an early decision on the unemployment assistance allowance of a person (details supplied) in County Offaly who has appealed this decision.

Following inquiries, the claim for unemployment assistance of the person concerned was disallowed by a deciding officer from 22 January 1986 on the grounds that he was not genuinely seeking work. He appealed against the disallowance and attended on oral hearing of his case on 27 February 1986. An appeals officer decided that he was genuinely seeking work and entitled to unemployment assistance from 22 January 1986.

The person concerned ceased to sign the unemployed register after 15 February 1986 and when the amount of supplementary welfare allowance, which he received by way of advances pending the outcome of his appeal, is known, the balance of any arrears due for the period 22 January 1986 to 15 February 1986, will be paid to him.

100.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kilkenny is receiving disability benefit at the single person's rate, when he is married.

The person concerned claimed disability benefit from 2 December 1985 and payment issued at the weekly rate appropriate to a single man, pending the receipt of a claim form in respect of his dependants. When the form was subsequently submitted to the Department it was inadvertently overlooked. The increase in payment in respect of his wife was subsequently authorised on 27 February 1986. The arrears payable were issued on 27 February 1986 and all benefit payable in respect of his claim has been issued to 24 February 1986, the date of the latest medical certificate received.

101.

asked the Minister for Social Welfare if a person (details supplied) in County Kilkenny who worked for 19 weeks from 7 September to 16 December 1985, and 14 January to 7 February 1986, is eligible for unemployment benefit.

Entitlement to unemployment benefit is subject to the condition that a person must have not less than 26 contributions paid since date of entry into insurable employment. The person concerned, who was a full-time student until June 1985, claimed unemployment benefit and unemployment assistance on 16 December 1985. According to the Department's records the person concerned has not got 26 contributions paid and therefore does not satisfy the contribution condition for entitlement to unemployment benefit.

Her claim for unemployment assistance was disallowed on the grounds that by failing to furnish particulars of her means she failed to show that her means did not exceed the statutory limit. She was notified accordingly on 10 February 1986. On 10 February 1986 she indicated that she had been previously employed for the summer period of 1982. She was asked to furnish details of her RSI number for that period but has not done so to date. Inquiries are however being made to establish whether her employment during that period was insurable at a contribution class providing cover against unemployment. Her entitlement to unemployment benefit will be determined in the light of the outcome of these investigations.

102.

Mr. Cowen

asked the Minister for Social Welfare when the remainder of disability benefit and pay-related benefit will be paid to a person (details supplied) in County Offaly.

The person concerned claimed disability benefit from 11 December 1985 and all disability benefit and pay-related benefit payable in respect of his claim was issued to 1 January 1986 on foot of medical evidence received. He later submitted a claim form indicating that his incapacity commenced on 10 December 1985 and in view of this an extra day's payment was issued to him on 28 February 1986. There is no record of a final medical certificate having been received from the person concerned. When this certificate comes to hand any benefit payable will be issued to him.

103.

Mr. Cowen

asked the Minister for Social Welfare when payment of disability benefit will be made to a person (details supplied) in County Offaly who has received no payment since 16 January 1986 despite the fact that her local employment exchange were notified that her application for disability benefit had been granted and she is now in receipt of neither disability benefit nor unemployment assistance payments.

The person concerned claimed disability benefit from 1 March 1972 and payment was issued to 29 September 1984. Payment was disallowed from 1 October 1984 following examination by a medical referee who expressed the opinion that she was capable of work.

Appeals officers have upheld the decisions to disallow payment of disability benefit from 1 October 1984 to 13 February 1985 and from 14 February 1985 to 13 November 1985. The decisions of the appeals officers are final and can only be altered in the light of new facts or fresh evidence.

The person concerned continued to submit medical certificates after 13 November 1985 showing the same incapacity and her claim has been further disallowed from that date. She has been notified of this disallowance and advised of her right to appeal. Payment of disability benefit was issued in error for the periods from 2 December 1985 to 11 December 1985 (£52) and from 12 December 1985 to 8 January 1986 (£138.80). The additional medical evidence submitted in respect of the period March 1985 to November 1985 was forwarded to the appeals officer for consideration. He indicated that the information it contained did not warrant a revision of his original decision.

104.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 1 has not been paid the standard rate of unemployment assistance as he has no other means; and if she will urgently review the position.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with the means of £8.30 weekly, derived from capital. He failed to satisfactorily account for the disposal of a large amount of capital, and accordingly that capital is still regarded as being in his possession. He is, accordingly, in receipt of unemployment assistance at £26.65 weekly, being the appropriate maximum weekly rate payable in his case of £34.95 less means of £8.30. It is open to the person concerned to appeal against the means assessment, if dissatisfied. A form for this purpose may be obtained at his local office.

105.

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

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 applied for unemployment assistance on 16 December 1985 and his case was referred to the social welfare officer for investigation of means.

When the inquiries which are proving to be very extensive, are completed, the papers will be submitted to a deciding officer for assessment of means. The entitlement of the person concerned to unemployment assistance will then be determined accordingly.

106.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded increased payments of unemployment assistance.

Following investigation of the unemployment assistance claim of the person concerned she was assessed with means of £22.10 weekly, derived from the benefit of board and lodging in her parent's home. She is, accordingly, entitled to unemployment assistance at £9.65 weekly being the appropriate maximum rate payable in her case of £31.75 less means of £22.10.

Due to an oversight, however, she was paid at the rate of £8.65 weekly. All arrears due to her will be paid this week and weekly payments of £9.65 will continue as they become due. If the person concerned is dissatisfied with the amount of means assessed against her it is open to her to appeal and have her means determined by an appeals officer. A form for this purpose may be obtained at her local office.

107.

asked the Minister for Social Welfare the reason for the delay in the payment of social welfare benefit to a person (details supplied) in County Louth; and if she is aware that repeat certificates have been submitted and that payment has still not been received.

The person concerned claimed occupational injury benefit from 17 June 1985 in respect of an incapacity resulting from an accident at work. Pending completion of investigations he was paid disability benefit on an interim basis from 21 June 1985. However, due to an administrative error disability benefit was not issued for the period from 28 January 1986 to 24 February 1986. The matter has now been rectified and all arrears payable have been issued. In addition, a cheque for £403.36 representing injury benefit over and above the disability benefit advanced for the first 26 weeks of the claim (the maximum period for which injury benefit may be paid) was issued on 27 February, 1986.

108.

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

Entitlement to unemployment assistance is dependent on an applicant being the holder of a qualification certificate and to obtain a qualification certificant an applicant must satisfy certain conditions, including an assessment of means. The person concerned applied for unemployment assistance on 27 December 1985 and the papers were referred to a social welfare officer for investigation of means. When the inquiries, which will be completed as soon as possible are completed, the means of the person concerned will be assessed and her entitlement to unemployment assistance determined accordingly.

109.

asked the Minister for Social Welfare when a decision will be reached on the appeal of a person (details supplied) in County Offaly for unemployment assistance.

Following investigation of the unemployment assistance claim of the person concerned he was assessed with means of £20.45 weekly, derived from the benefit of board and lodgings in his parents home. He is, accordingly, entitled to unemployment assistance at £12.30 weekly, being the appropriate maximum rate payable in his case of £32.75 less means of £20.45.

All arrears due to the person concerned were paid last week and weekly payments of £12.30 will continue to be made as they become due. It is open to the person concerned to appeal against the means assessment, if dissatisfied. A form for that purpose may be obtained at his local office.

110.

asked the Minister for Social Welfare when a decision will be reached on the unemployment assistance appeal of a person (details supplied) in County Laois.

The appeal of the person concerned against the deciding officer's decision to disallow her claim for unemployment assistance from 20 November 1985 on the grounds that she was not genuinely seeking work, was listed for oral hearing on Thursday 27 February 1986. However, she notified this Department that she would be unable to attend the appeal hearing due to illness. Arrangements are being made to have her case re-listed for oral hearing as soon as possible. Her entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

111.

asked the Minister for Social Welfare the reason payment of unemployment assistance was discontinued to a person (details supplied) in County Cork.

Following reinvestigation, 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 and arising from contentions made by him in support of his appeal the papers were returned to the social welfare officer for further inquiries. When the inquiries, which will be completed as soon as possible, are completed, the case will then be referred to the appeals officer for determination. His entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

112.

asked the Minister for Social Welfare the reason a person (details supplied) in County Louth was refused supplementary welfare payment from the North-Eastern Health Board and if she will make a statement on the matter.

It is understood from the North-Eastern Health Board, which administers the supplementary welfare allowance scheme in County Louth, that the person concerned made an application under the scheme for assistance towards his mortgage repayments. The board decided that the applicant was not entitled to a weekly allowance on the ground that his means, consisting of unemployment and pay-related benefits, exceeded the limit for entitlement. However, an exceptional needs payment of £300 was made to him on 25 February 1986, towards arears of interest on his mortgage repayments.

113.

asked the Minister for Social Welfare the reason a person (details supplied) in County Meath is only receiving unemployment benefit or assistance at the rate of £12.30 per week; and if she will make a statement on the matter.

Following investigation of the unemployment assistance claim of the person concerned, he was assessed with means of £19.45 weekly derived from the benefit of board and lodgings on his parents holding. He is, accordingly, in receipt of unemployment assistance at £12.30 weekly being the appropriate maximum weekly rate payable in his case of £31.75 less means of £19.45.

If the person concerned is dissatisfied with the amount of means assessed against him, it is open to him to appeal and have his means determined by an appeals officer. A form for this purpose may be obtained at his local office.

114.

asked the Minister for Social Welfare the reason the disability benefit of a person (details supplied) in County Meath was reduced from £65 to £43; and if she will make a statement on the matter.

The person concerned was in receipt of disability benefit at the weekly rate of £65.10 which is the maximum rate payable in the case of a married man with no dependent children. The cheque for £43.40 represented the benefit due for the period of four days from 25 January 1986 to 29 January 1986 after which date benefit was disallowed following an examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and arrangements have been made to have him examined by a different medical referee as soon as possible. His entitlement to benefit will then be reviewed in the light of the medical referee's report.

115.

asked the Minister for Social Welfare the reason payment of unemployment assistance has been discontinued in the case of a person (details supplied) in County Longford as he is in very poor financial circumstances.

It has not been possible to trace a claim for unemployment assistance which refers to the person named in the details supplied. Further inquiries in the matter will be made if the Deputy will furnish additional information to enable the person concerned to be identified.

116.

asked the Minister for Social Welfare the present position regarding an appeal for unemployment assistance for a person (details supplied) in County Donegal.

Following a review, 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 and arising from contentions made by him in support of his appeal the papers were returned to the social welfare officer to afford the person concerned a further opportunity to co-operate in the disclosure of his means.

When these inquiries, which will be completed as soon as possible, are completed, his case will be submitted to an appeals officer for determination. The entitlement of the applicant to unemployment assistance will then be reviewed in the light of the decision of the appeals officer. It is understood that the person concerned is in receipt of supplementary welfare allowance.

117.

asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Kilkenny who claimed for such benefit four weeks ago.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for employment. The person concerned claimed unemployment benefit on 4 February 1986. Inquiries had to be made to establish why his previous employment terminated and also whether he was available for employment. These inquiries were recently completed and it has been established that he left his previous employment due to certain domestic arrangements. His claim for unemployment benefit was then disallowed as he is not considered to be available for employment. He has been notified of this decision and advised of his right of appeal in the matter.

118.

asked the Minister for Social Welfare if any decision has yet been given on the appeal by a person (details supplied) in County Kilkenny against the rate of unemployment assistance being paid to him.

The person concerned appealed against the means assessment of his unemployment assistance claim and an oral hearing took place on 11 February 1986. The appeals officer reduced the assessment of his means, derived from capital, to £15.30 weekly, with effect from 3 March 1985.

He is, accordingly, entitled to unemployment assistance at £39.50 weekly from 3 March 1985, being the appropriate maximum rate payable in his case of £54.80 less means of £15.30, increased to £43.05 weekly from 3 July 1985. All adjusting arrears due will be paid to the person concerned this week and further weekly payments of £43.05 will continue to be made as they become due.

119.

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

Entitlement to unemployment benefit is subject to the condition that a person must have at least 26 contributions paid since date of entry into insurable employment at a class which provides cover against unemployment. According to the Department's records the person concerned entered insurable employment on 22 October 1984 and has only 25 contributions at the appropriate class paid on her behalf up to the date she claimed unemployment benefit on 15 April 1985.

However, extensive inquiries, which will be completed as soon as possible, are being made to establish whether a previous employment was insurable at a contribution class providing cover against unemployment. Her entitlement to unemployment benefit will be reviewed in the light of the outcome. In the meantime she is being paid unemployment assistance at the appropriate weekly rate of £31.75 and further weekly payments will continue to be made as they become due. The delay in this case is regretted.

120.

asked the Minister for Social Welfare the cause of the delay in having disability benefit issued to a person (details supplied) in County Kilkenny; and the reason payment is so irregular.

The person concerned claimed disability benefit from 11 March 1985 and is currently being paid at the weekly rate of £111.10, the maximum rate appropriate to a married man with five dependent children.

The records of the Department show that payment appears to have been issued at regular weekly intervals on receipt of medical evidence. However, there was a delay in issuing payment for the period from 5 February 1986 to 11 February 1986. Benefit for this period did not issue until 17 February 1986. The delay was due to an administrative error. All benefit payable has now been issued up to 25 February 1986, the date of the latest medical evidence received.

121.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry will not qualify for unemployment assistance; and the reason he has been refused a reference number.

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 applied for unemployment assistance on 11 February 1986 and the papers were referred to a social welfare officer for investigation of means. When the inquiries are completed, the case will be submitted to a deciding officer for assessment of means and his entitlement to unemployment assistance will be determined accordingly.

122.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork has not been paid disability benefit for the week starting 27 January 1986 as he was paid for the subsequent two weeks.

The person concerned claimed disability benefit from 11 October 1985 and is currently being paid at the weekly rate of £65.10 the maximum rate appropriate to a married man. He is also entitled to £28.99 pay-related benefit per week.

The claimant reported non-receipt of a cheque which issued on 5 February 1986 for the period 25 January 1986 to 31 January 1986 for £94.09. A form of indemnity has now been issued. On receipt of the completed form due consideration will be given to the issue of a replacement.

123.

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

Following investigation of his unemployment assistance claim, the means of the person concerned were assessed, with effect from 29 January 1986, at £11.50 weekly, derived from the profit from his holding. He is, accordingly, entitled to unemployment assistance at £22.30 weekly being the appropriate maximum rate payable in his case of £33.80 less means of £11.50.

He has been issued with an appeal form and when it is returned to his local office, his papers will be referred to an appeals officer for determination of means and the rate of unemployment assistance payable will be reviewed accordingly. Further weekly payments of £22.30 are continuing to be made as they become due.

124.

asked the Minister for Social Welfare the reason for the delay in establishing the eligibility for unemployment assistance of a person (details supplied) in County Mayo.

Following investigation of his unemployment assistance claim the means of the person concerned were assessed at £82.20 weekly, derived from the profit from his holding. His means exceeded the maximum rate of unemployment assistance payable in his case, and accordingly, his claim was disallowed.

To enable him to appeal against the means assessment, an appeal form was issued to him on 24 January 1985 but this was not returned to his local office. A further form was issued to him, which he returned in July 1985.

Contentions made by the person concerned in support of his appeal necessitated the return of the papers to the social welfare officer for further inquiries. The inquiries were very extensive and following the recent receipt of details from his bank regarding his capital, the social welfare officer completed his report.

Arrangements are being made to refer this case to an appeals officer for determination of means, at the earliest available opportunity. The entitlement of the person concerned to unemployment assistance will be determined in the light of the decision of the appeals officer. The delay in this case is regretted.

125.

asked the Minister for Social Welfare the reason persons (details supplied) in County Kerry did not get an oral hearing in relation to their appeal against the decision to discontinue payment of unemployment assistance under the small farmers' scheme; the reason the receipts submitted in support of their appeal were not returned; and the reason they did not get a detailed account of the means assessed.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means, derived from the profit from his holding, and from capital, exceeded the statutory limit. Under new arrangements in operation since 12 June 1985, there is a special procedure for dealing with applications by smallholders for reinvestigation of means. Following reinvestigation by a social welfare officer, details of the various items of income and expenses upon which the deciding officer makes his decision are sent to the applicant. Where he is dissatisfied with the decision he can appeal and ask for an oral hearing at which he can put his case in detail to the appeals officer. A number of temporary appeals officers were appointed to deal with oral hearings of appeals by smallholders.

The person concerned appealed prior to the introduction of the new arrangements and as the appeals officer considered that he had sufficient information to proceed without an oral hearing, he decided, summarily, that the means of the person concerned exceeded the statutory limit. It was not the practice at that time to issue a detailed breakdown of the means assessed. The person concerned has applied to have his means reinvestigated and the papers were referred to the social welfare officer. His entitlement to unemployment assistance will be reviewed in the light of the means assessed against him. If he is then dissatisfied with the amount of means assessed against him it will be open to him to appeal and request an oral appeal hearing.

The claim papers are at present with the social welfare officer and it has not been possible in the time available to ascertain the position regarding any receipts received. However, when his entitlement to unemployment assistance has been reviewed a detailed breakdown of means assessed against him will be issued to the person concerned, and any receipts furnished by him will be returned.

126.

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

Entitlement to unemployment assistance is subject to the condition that a person must be available for, capable of and genuinely seeking work. The person concerned applied for unemployment assistance on 24 June 1985. However, he indicated to his local office that he was not available for employment due to incapacity and his claim was, accordingly, disallowed from 24 June 1985. He ceased to sign the unemployed register after 2 July 1985.

He again attended his local office on 14 February 1986 and furnished a medical certificate of his incapacity for work. The conditions governing the receipt of unemployment assistance were fully explained to him and he was advised to contact the local community welfare officer with a view to making application for supplementary welfare allowance. It is understood that he is now in receipt of supplementary welfare allowance at the weekly rate of £31.75 since 14 February 1986.

127.

asked the Minister for Social Welfare when an appeal for unemployment benefit will be heard for a person (details supplied) in County Carlow.

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

The person concerned claimed unemployment benefit from 11 October 1985 and her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and at an oral hearing of her appeal on 30 January 1986 the person concerned was given the opportunity of presenting her case but the appeals officer also decided that she was not available for employment.

She continued to sign the unemployed register and following inquiries to establish her availability for employment from 31 January 1986, the date following the appeals officer's decision, her claim was again disallowed. She appealed against the disallowance on 26 February 1986 and arrangements are being made to have her case determined by an appeals officer at the earliest available opportunity.

128.

asked the Minister for Social Welfare when it is her intention to fill a vacancy (details supplied) in County Galway.

Applicants for the vacancy in question have been interviewed in accordance with normal procedure. The applications are at present being processed and an appointment will be made in the near future.

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