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Dáil Éireann díospóireacht -
Thursday, 8 May 1986

Vol. 366 No. 2

Written Answers. - Social Welfare Benefits.

47.

asked the Minister for Social Welfare the reason disability benefit was discontinued to a person (details supplied) in County Dublin; the reason no other social welfare benefit was allowed; and if, in view of the circumstances of this case she will have the matter investigated with a view to ensuring that their family do not have to endure any further hardship.

The person concerned was paid disability benefit to 12 January 1986 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 who proposes to hold an oral hearing of his claim on 8 May 1986.

With reference to the question of whether the person concerned should have received any other social welfare benefits, the position is that when his claim for disability benefit was disallowed he was informed of his right to sign for unemployment benefit. He has claimed unemployment benefit from 14 April 1986 and payment has been made to date.

48.

asked the Minister for Social Welfare the reason pay-related benefit is not being paid to a person (details supplied) in Dublin 22; and if, in view of the circumstances, she will ensure that this is done forthwith.

The entitlement of a claimant to pay-related benefit with flat-rate unemployment benefit is subject to the condition that the sum of weekly flat-rate unemployment benefit, pay-related benefit and income-tax refunds may not exceed 85 per cent of the average net weekly earnings of the claimant.

The person concerned claimed unemployment benefit from 14 February 1986 and his claim was allowed at the maximum weekly flat-rate of £74.50 less a weekly deduction of £1.00 towards recovery of an overpayment of supplementary welfare allowance paid to him.

In the case of the person concerned, the 85 per cent calculation is based on both earnings for insurable employment and unemployment benefit received in the period 6 April 1985 to 1 October 1985, when, apparently, he went abroad for some months prior to his claim. The 85 per cent limit on his claim is £63.95 and as the weekly flat-rate unemployment benefit payable exceeds this figure, pay-related benefit is not payable.

49.

asked the Minister for Social Welfare if she will detail the means assessed against a person (details supplied) in County Galway who is living with his parents on a 35 acre farm and whose unemployment assistance of £22.25 was cancelled on 10 March 1986; and if she will make an immediate decision on his appeal as he is at present without an income.

Following a recent review of the unemployment assistance claim of the person concerned his means were assessed at £45.95 weekly derived from the benefit of board and lodgings on his father's holding.

The method of calculation of the benefit of board and lodgings, where the household income is derived from farming, is to estimate the yearly profit from the farm and to divide that amount between all members of the household, including the applicant, on a weighted basis.

The profit from the farm in this case was estimated at £7,170 per annum and the person concerned was deemed to enjoy one-third of that income, that is £2,390 per annum or £45.95 weekly. His means, accordingly, exceeded the maximum rate of unemployment assistance payable in his case and his claim was disallowed.

He appealed against the disallowance of his claim and his case has been submitted to an appeals officer for determination at the earliest possible date. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal.

50.

asked the Minister for Social Welfare if she has made a decision regarding an application by a person (details supplied) in Dublin 7 for unemployment assistance; if she is now in a position to pay arrears to him being the difference between the rate at which he is entitled to unemployment assistance and the rate of supplementary benefit paid to him since 8 January last; and if she will make a statement on the matter.

Following investigation of his unemployment assistance claim the means of the person concerned were assessed at £3.45 weekly derived from the value of capital. He is, accordingly, entitled to unemployment assistance at the weekly rate of £29.30 being the appropriate maximum rate payable in his case of £32.75 less means of £3.45.

He was, however, in receipt of supplementary welfare allowance pending a decision on his claim and a refund of £269.29, deducted from arrears of unemployment assistance due, was made to the health board. The balance of the arrears amounting to £97.46, was paid to the claimant on 30 April 1986. Further weekly payments of £29.30 will continue to be made as they become due.

asked the Minister for Social Welfare if she will investigate the payment of pay-related social welfare for a person (details supplied) in County Roscommon.

The person concerned is in receipt of injury benefit since 25 March 1986 in respect of an incapacity resulting from an accident at work. He had previously received injury benefit in respect of the same incapacity from 3 January 1986 to 17 March when he submitted a final certificate.

Entitlement to pay-related benefit depends on the amount of reckonable earnings per week in the relevant income tax year. His entitlement in respect of both claims depended on the earnings in the income tax year ended on 5 April 1984. In the absence of any earnings in that year he failed to satisfy the conditions for pay-related benefit.

52.

asked the Minister for Social Welfare if she will expedite a contributory old age pension for a person (details supplied) in County Roscommon.

One of the qualifying conditions for receipt of a contributory old age pension requires a person to have a yearly average of at least 20 reckonable contributions over the period from the beginning of the 1953 contribution year or from his year of entry into insurance, whichever is the later, to the end of the last complete contribution year before reaching pension age.

The person concerned reached old age pension age on 27 December 1985. He submitted a claim for a contributory old age pension on 2 October 1985. The Department's records show that he has a total of 170 reckonable contributions in the relevant period which, in his case, is from 5 January 1953 to 5 April 1985. This is equal to a yearly average of only five and, therefore, he does not qualify for a contributory old age pension. He was informed accordingly on 6 December 1985. He is at present in receipt of a noncontributory old age pension at the rate of £51.10 per week.

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