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Dáil Éireann díospóireacht -
Thursday, 15 May 1986

Vol. 366 No. 6

Written Answers - Social Welfare Benefits.

54.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be considered for an invalidity pension in view of his permanent incapacity; and when he will receive it.

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

Arrangements have been made to have the person concerned examined on 22 May 1986 by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

55.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford is in receipt of his maximum entitlement for a contributory old age pension; the way in which this is evaluated; and if it should be increased.

The person concerned has been in receipt of pro rata retirement pension since 16 December 1982. One of the qualifying conditions for receipt of a retirement pension under the Social Welfare Acts requires a person to have a yearly average of at least 24 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 age 66. The Department's records show that the person concerned had a total of 153 reckonable contributions in the relevant period which, in his case, was from 5 January 1953 to 5 April 1982. This is equal to a yearly average of only five and therefore he did not qualify for a retirement pension under the Social Welfare Acts. Neither did he qualify for a contributory old age pension at age 66; a yearly average of at least 20 is required for this latter pension.

Under EC Regulations on social security, a person who has been employed in another member state can qualify for a pro rata retirement pension on his combined Irish and British records, the amount payable being based on the number of his Irish contributions in proportion to the combined total. The person concerned had a combined total of 1155 contributions in the relevant period (153 Irish and 1002 British). This is equal to a yearly average of 39 for which the present rate payable under the Social Welfare Acts is £82.60 per week, where the claimant has an adult dependant under age 66. His pro rata pension rate was calculated as £82.60 x (153/1155)= £10.94 rounded to £10.95.

He is also in receipt of a British retirement pension.

His entitlement to a pro rata old age contributory pension at age 66 has now been reviewed. Entitlement to this pension is dependent on his insurance record up to 5 April 1983, the end of the contribution year before he reached age 66. Allowing for an additional 15 credited contributions for the period from 16 December 1982 to 5 April 1983 while he was in receipt of pro rata retirement pension, his entitlement to the pro rata old age contributory pension has now been established at £11.85. This has been calculated, on the same proportional basis but including the extra year's contributions in the calculations.

He has been asked to return his existing pension book and when this is received the replacement book at the new rate will be sent to him. The arrears in respect of the difference from 16 December 1983 will also be issued to him.

56.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will have unemployment assistance payments reinstated in view of his changed circumstances since and the fact that he had no income from his son's social activities.

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. In this regard he failed to supply documentary evidence requested by the social welfare officer about the purchase and sale of fish.

He recently appealed against the disallowance of his claim and he is being afforded a further opportunity to fully disclose his means. His case is being referred again to the social welfare officer and when the inquiries are completed it will be submitted to an appeals officer for determination of means.

The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the outcome of the appeal.

57.

asked the Minister for Social Welfare whether all social welfare payments including disability benefit, unemployment benefit, unemployment assistance, etc. have been paid up to date in the case of a person (details supplied) in County Kildare.

Payment of disability benefit to the person concerned was disallowed from 3 May 1986 following examination by a medical referee who expressed the opinion that he was capable of work.

He has not indicated to the Department that he wishes to appeal the decision to disallow payment and he has not submitted medical evidence of incapacity for work subsequent to 28 April 1986. Payment to 2 May 1986 will issue on receipt of appropriate medical evidence.

The person concerned claimed unemployment benefit from 3 May 1986 and his claim was allowed from that date at the weekly rate of £74.50, being the appropriate maximum rate payable in his case. He is a postal claimant and an order for encashment at his local post office in respect of arrears of unemployment benefit due was issued to him this week.

The person concerned is not entitled to pay-related benefit in addition to flat rate benefit as he had insufficient earnings in the income tax year 6 April 1984 to 5 April 1985 which governs his claim.

Weekly payments of flat rate unemployment benefit of £74.50 will continue to be made as they become due.

Question No. 58 withdrawn.

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