asked the Minister for Social Welfare if his attention has been drawn to the fact that the annualising of the income of a person (details supplied) in County Galway who was formerly self-employed but subsequently wished to sign on, can lead to inequities.
Written Answers. - Social Welfare Benefits.
142.
Under the Social Welfare Acts means for unemployment assistance purposes are calculated on a yearly basis. The person referred to in the question was self-employed and his income from the self-employment must be taken into account in assessing his means for unemployment assistance purposes. To comply with the statutory requirement the means are averaged out on an annual basis to determine the rate of assistance to which there is entitlement.
Given the fluctuations which can occur in the income of the self-employed it is considered that the assessment of means over a 12 month period is an equitable method of determining ongoing entitlement to unemployment assistance.
In the case of the person concerned he will continue to receive unemployment assistance at the present rate even if he resumes his self-employment as long as his total income over the year remains the same. If, however, he can show that he will not have any income from self-employment in the coming year, then his means would be reassessed.
143.
asked the Minister for Social Welfare the reason distinction was made between husband and wife in the case of persons (details supplied) in Dublin 17 with the implementation of the Equality Directive particularly in terms of the splitting of dependants allowance; and if he will make a statement on the matter.
The husband of the couple concerned was awarded invalidity pension from 26 August 1982. He was paid invalidity pension at the rate of £118.75, that is, £47.10 personal rate, an increase of £30.60 in respect of his wife as adult dependant and an increase of £41.05 in respect of four qualified child dependants until the 19 November 1986.
Since the introduction of the EC equality provisions invalidity pension is being paid at the rate of £87.60 to the person concerned, that is, £47.10 personal rate and an increase of £20, which is the temporary payment for men whose adult dependants are receiving a payment from the Department, and an increase of £20.50 in respect of four qualified child dependants.
The wife in the couple concerned has been in receipt of disability benefit since 8 April 1980. She was paid at the rate of £41.10 per week to 16 November 1986.
From 17 November 1986 she was paid £54.75, that is, £41.10 personal rate and an increase of £18.65 in respect of four qualified child dependants. She has been awarded an invalidity pension from 29 January 1987 at the rate of £67.60, that is, £47.10 personal rate and an increase of £20.50 in respect of four qualified child dependants.
In any case where a claimant is entitled to payment of half the child dependants rate, the rate payable is that applicable to the pension or benefit in question. Thus the husband of the couple was paid at the rate appropriate to a person on invalidity pension while his wife was paid at the rate appropriate to a person on disability benefit to 29 January 1987 when she qualified for an invalidity pension. Since that date the rate paid to each person in respect of their children is the same.
144.
asked the Minister for Social Welfare when a person (details supplied) in Dublin 17 will be granted an invalidity pension; and if he will make a statement on the matter.
Invalidity pension has been awarded to the person concerned from 29 January 1987. A pension book payable from 14 May 1987 has been issued to the designated post office of payment and arrears in respect of the period from 29 January 1987 to 13 May 1987, less the amount of disability benefit paid during that period, will be paid by payable order.
145.
asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford did not receive disability benefit at the maximum rate.
The person concerned claimed disability benefit from 17 November 1986. He submitted a final medical certificate stating that he was fit to resume work on the 20 November 1986. Disability benefit is only payable from the fourth day of incapacity. As the person concerned returned to work before the three waiting days had elapsed he was not therefore entitled to any payment.
146.
asked the Minister for Social Welfare if a person (details supplied) in County Waterford whose husband is in receipt of invalidity pension can receive a seperate allowance as she is no longer living with her husband.
The person concerned was awarded invalidity pension from 24 October 1985. He is paid at the rate of £99.65, that is £47.10 personal rate, an increase of £30.60 in respect of his wife as adult dependant and a increase of £21.95 in respect of two qualified child dependants. On the 11 November 1986 the wife of the person concerned wrote to the Department and requested that the adult dependant allowance and the child dependant allowance be paid seperately to her.
An inspector of the Department was asked to call on the person concerned and his wife. The required information has now been received back in the Department and it has been decided that it is in order that the adult dependant allowance and the child dependant allowance be paid seperately. Pension order books in respect of the adult dependant allowance and child dependant allowance have been issued to the designated post office of payment.
147.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford is receiving the maximum disability and unemployment benefit to which she is entitled under the EC equality directive, in view of the fact that she has a substantial mortgage.
The person concerned claimed disability benefit on 18 March 1987. Benefit was authorised from 21 March 1987 at the weekly rate of £41.10, the maximum rate payable to a married man whose wife is in receipt of a social welfare payment in her own right. Pay-related benefit was also authorised fron 8 April 1987, the nineteenth day of incapacity at the weekly rate of £24.49.
The person concerned is not entitled to payment of the special equal treatment payment as this payment was introduced to alleviate the situation of those whose entitlements were reduced on the implementation of the equal treatment measures and he was not in receipt of benefit prior to 17 November 1986, the implementation date. All disability benefit payable has been issued on receipt of medical evidence of incapacity to 15 April 1987, the date of the latest medical certificate received.
148.
asked the Minister for Social Welfare the situation in relation to a refund of disability benefit owed by a person (details supplied) in County Wexford if he will clarify the position in relation to certain cheques which he wishes to return and his future entitlement to disability benefit.
The person concerned claimed disability benefit from 28 April 1984. Payment was issued to the claimant on a regular weekly basis on foot of monthly medical certificates.
The claimant failed to attend for examination by a medical referee on 16 January 1987. Accordingly, he was notified that payment of disability benefit was being disallowed for the statutory period of nine weeks from 31 January 1987. The claimant then notified the Department that he had returned to work on 22 December 1986. This has resulted in an overpayment of £537.80 for the period 22 December 1986 to 31 January 1987. If the person concerned has uncashed benefit cheques in his possession, he should return them to the Department. They can then be cancelled and deducted from the amount of the assessed overpayment. The person concerned has claimed that he did not receive three cheques which have been issued to him since he resumed employment. The matter has been referred to an inspector of the Department for urgent investigation. When the investigations are completed, the extent of the overpayment will be reconsidered in the light of the report. Any overpayment still outstanding will have to be recouped to the Department.
The person's future entitlement to benefit will depend on his being able to satisfy the qualifying conditions in particular those relating to incapacity for work due to illness. He has been awarded credited contributions during the period he was in receipt of benefit.
149.
asked the Minister for Social Welfare if an invalidity pension will issue to a person (details supplied) in Dublin 8 who applied in January 1987.
Invalidity pension is payable to insured persons who satisfy the contribution conditions and who are permanently incapable of work.
The person concerned has been examined by a medical referee who did not consider her to be permanently incapable of work and asked to have her referred for a further examination in nine months. A deciding officer decided that she was not therefore entitled to invalidity pension at present. Her case will be reviewed when she is re-examined by a medical referee.
150.
asked the Minister for Social Welfare the rate of pay-related benefit which will be paid to a person (details supplied) in County Wexford.
The person concerned claimed disability benefit from 9 march 1987. Payment of benefit was authorised from 12 March 1987, at the weekly rate of £41.10, the maximum rate payable to a single man.
Pay-related benefit has been authorised from 30 March 1987, nineteenth day of incapacity, at the weekly rate of £18.50, the maximum rate payable based on his earnings in the 1985-86 income tax year, which governs his claim. All benefit payable has been issued to him up to 16 April 1987, the date of the latest medical certificate received.
151.
asked the Minister for Social Welfare the reason a person (details supplied) in County Meath is only receiving £8 pay related benefit since 10 October 1986 and if he will make a statement on the matter.
Regulations provide that pay-related benefit must be restricted to the amount which when added to the flat rate disability benefit, limits the total amount of benefit payable to 75 per cent of the person's average reckonable weekly earnings in the relevant income tax year.
In this claimant's case his average reckonable weekly earnings in the 1984-85 income tax year governing his claim have been calculated as £139.06 and 75 per cent as £104.30. Disability benefit is being paid at the weekly rate of £96.30. Accordingly the person concerned qualifies for payment of pay-related benefit at the reduced weekly rate of £8.
152.
asked the Minister for Social Welfare the reason disability benefit has not been paid to a person (details supplied) in Dublin 11.
In the case of a person claiming disability benefit prior to 6 April 1987 entitlement to disability benefit was limited to 52 weeks where the person concerned has less than 156 contributions paid since entry into insurable employment.
According to the records of the Department the person concerned has only 131 contributions paid on her behalf since her entry into insurable employment on 28 November 1972. She claimed disability benefit from 4 January 1983 and was paid to 4 January 1984 after which date her 52 week entitlement became exhausted.
In order to requalify for disability benefit it was necessary for her to have at least a further 13 weeks of insurable employment for which the appropriate contributions were paid.
She again claimed disability benefit from 17 March 1986 but was not entitled to payment as she had not requalified as required. However, credited contributions were awarded for the period from 17 March 1986 to 24 January 1987, the day before she was certified fit to resume work.
The person concerned claimed that she had 52 contributions in the 1972-73 contributions year, whereas, only 22 contributions are recorded for her for that year. Following investigations by the Department and taking into consideration the information presented by the claimant and her employer, the Department decided that no further contributions were payable on her behalf for the 1972-73 contribution year.
153.
asked the Minister for Social Welfare when full social welfare benefit will be paid to a person (details supplied) in County Wexford.
The person concerned claimed disability benefit from 11 April 1986.
She is not qualified for benefit as regulations provide that where a claimant has no contributions paid or credited for any two consecutive contribution years preceding her claim, she cannot qualify for payment of disability benefit, or the award of credited contributions in respect of periods of incapacity for work, until she has a further 26 weeks of insurable employment for which the appropriate contributions have been paid.
According to the records of the Department, the person concerned had no contributions paid or credited in the years 1983-84, 1984-85 and 1985-86 and has not had 26 weeks of insurable employment since that time.
The person concerned claimed supplementary welfare allowance on 14 May 1986 and is in receipt of weekly payments of £33 from her community welfare officer. This is the maximum rate payable to a single person.
154.
asked the Minister for Social Welfare when arrears of disability benefit will be paid to a person (details supplied) in County Kerry and when he will be advised of the result of his appeal.
The person concerned made a late application to appeal against a disallowance of disability benefit in respect of the period 16 December 1984 to 11 December 1985.
The application has been accepted and his case has been submitted to an appeals officer who may decide the case summarily. Should the appeals officer consider that an oral hearing is necessary, the person concerned will be notified of the time and place fixed when the final arrangements have been completed.
The person concerned was admitted to hospital on 12 December 1985 and payment has been issued to him since that date. He is currently paid to 17 April 1987.
155.
asked the Minister for Social Welfare if he will ensure that the details required from the liquidator of a firm are obtained as a matter of urgency to enable a person (details supplied) in Dublin 1 to be assessed for disability benefit.
The person concerned who claimed disability benefit from 18 October 1986 was not initially qualified for payment as no contributions were recorded for him for the 1984-85 contribution year which governs his claim to disability benefit.
The person was asked for evidence of insurable employment which when supplied had to be verified by further investigation as the employer was no longer in business. These investigations were somewhat protracted. They have recently been completed and it has been established that the person had 52 contributions for the 1984-85 year and is therefore qualified for benefit.
Accordingly, all arrears of disability benefit and pay-related benefit payable to him from 18 October 1986 to 20 April (the date of the latest medical certificate received), less the amount of supplementary welfare allowance advanced by the Eastern Health Board, have now been issued to him.
156.
asked the Minister for Social Welfare the present position regarding the application of a person (details supplied) in County Offaly for an invalidity pension.
Invalidity pension has been awarded to the person concerned from 23 April 1987. A pension book at the rate of £47.10 per week payable from 23 April 1987 has been issued to the designated post office of payment.
The person concerned was in receipt of disability benefit at the rate of £41.10 per week and pay-related benefit at the rate of £8.99 per week until 22 April 1987 when his entitlement to pay-related benefit was exhausted.
It was not therefore to his advantage to transfer to the pension before 23 April 1987.