asked the Minister for Social Welfare if a decision has yet been reached on the claim of a person (details supplied) in County Kilkenny to insurable employment; and if he will make a statement on the matter.
Written Answers. - Social Welfare Benefits.
62.
The person concerned was employed by his uncle as a farm worker from March 1980 to June 1986. PRSI contributions were not paid in respect of the employment. He claimed unemployment benefit in November 1986 and, pending clarification of the insurability of the employment, unemployment assistance was paid to him.
Following inquiries by the Department a deciding officer has decided that the employment was insurable at PRSI Class A rate of contribution. Arrangements are now being made to pay the arrears of unemployment benefit due less the amount of unemployment assistance already paid.
The employer has, however, appealed against the decision that the employment was insurable and the case has been referred to an appeals officer. As soon as the appeals officer's decision is available, the person concerned and the employer will be informed. In the event of the appeal being successful, the person's entitlement to unemployment benefit would of course cease and he would revert to unemployment assistance but any unemployment benefit paid to him in the meantime would remain unaffected.
63.
asked the Minister for Social Welfare the reason the rate of unemployment assistance of a person (details supplied) in County Limerick has been reduced from £87.65 per week to £25.85 per week; if his attention has been drawn to the fact that it was actually further reduced to £17.65 per week for a period; whether this was correct procedure; whether any repayment is due; and if he will make a statement on the matter.
Following a review of the unemployment assistance claim of the person concerned in September 1986, his means which had hitherto been assessed at nil, were reassessed at £61.75 a week. His means were derived from the benefit of his wife's earnings. This reassessment resulted in the reduction of his unemployment assistance from £87.60 to £25.85 a week.
Resulting from the implementation in November 1986 of the second phase of the EC Directive on equal treatment for men and women in social welfare matters his payment was further reduced. This arose because his wife works and is earning more than £50 a week and he is no longer entitled to an adult dependant allowance in respect of her.
Thus his entitlement from 19 November 1986 was £17.75. This comprised a personal rate of £35.50 plus half the appropriate child dependant increase in respect of three children, £13.15, a total of £48.65, less half the means, £30.90 (i.e. £61.75 divided by 2).
Following the implementation of alleviation measures aimed at cushioning the losses to claimants arising from the new equality provisions the unemployment assistance rate of the person concerned was restored to the pre-equality rate of £25.85 in December 1986. Arrears amounting to £47.35, effective from 19 November 1986 were paid on 9 December 1986. Further payments at this rate will continue to be made as they become due.
64.
asked the Minister for Social Welfare when the results of an appeal of a person (details supplied) in County Kilkenny who had a disability benefit discontinued will be given; and if he will make a statement on the matter.
Payment of disability benefit to the person concerned was disallowed from 24 December 1986 following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and was examined by a different medical referee who found him to be incapable of work from 19 January 1987 not by reason of his earlier incapacity, but by reason of an injury received on that day.
Accordingly payment of benefit was restored from 19 January 1987, and all benefit payable, totalling £1,050 less an outstanding overpayment of £436 was issued to the person concerned on 1 April 1987. The person concerned has appealed against the disallowance of disability benefit from 24 December 1986 to 17 January 1987 and the case has been referred to an appeals officer.
The appeals officer may decide the case summarily. If he considers 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.
65.
asked the Minister for Social Welfare the reason a person (details supplied) in County Cork had her disability benefit discontinued for nine weeks because she was absent from her home on 20 February, 10 March and 20 March 1987 without leaving word as to where she could be contacted; his views on (a) whether it is reasonable that recipients of social welfare should be expected to stay at home indefinitely in case an official from his Department calls without any notice, and (b) that this person had payment of disability benefit discontinued as she travelled to the employment exchange in Cork on a number of occasions to see the social welfare officer was never in when she called; and if he will make a statement on the matter.
The legislation governing the scheme of disability benefits provides that persons may be disqualified for receiving benefit for up to nine weeks if they fail to observe certain prescribed rules of behaviour. These rules are a necessary part of the Department's control procedures to ensure that there is no misuse of public funds. The rules are reasonable ones which generally require persons on disability benefit not to engage in work, to follow their doctor's orders, to refrain from behaviour which would delay their recovery, not to unreasonably refuse to see the Department's sickness visitor and, if they are away from home when the sickness visitor calls, to leave word where they may be found.
When a sickness visitor calls and the person is out a special card is left indicating the call took place and that the visitor will call again. The rules of behaviour are set out on the card and it is also pointed our that failure to observe these rules could lead to payment being disallowed. A sickness visitor called to the person's home on 20 February 1987, 10 March 1987 and 20 March 1987 but on each occasion she was absent without having left word as to where she could be found. Accordingly payment was disallowed for a period of nine weeks from 13 April 1987 to 13 June 1987.
While the person concerned was thus made aware on each occasion that an officer had called, there does not appear to have been any explanation forthcoming from her for her absence until her benefit was disallowed even though a month elapsed between the first and third visit. She then apparently called to the employment exchange to see the officer concerned who advised her to submit her explanation in writing to the Disability Benefits Branch in Dublin.
A letter was then received from her appealing against the decision to disallow payment and she was issued with a form on which to set out the grounds for appeal if she wished her case to be submitted to an appeals officer. This form was issued on 24 April 1987 and the case will be reviewed when it is returned.
66.
asked the Minister for Social Welfare the reason young persons (details supplied) who are available for work and who are signing for unemployment assistance are refused on the grounds that they are students.
A claim for unemployment assistance from a person who is pursuing an education course, whether the course is full time or part time is considered by reference to the legislation governing that scheme. It is a statutory condition for entitlement to unemployment assistance that the claimant, in addition to the requirement of having to satisfy a means test, must also be available for and genuinely seeking work. Each claim is considered on its merits and is determined by a statutorily appointed deciding officer.
Fulltime attendance by day at a course of education is generally not regarded as consistent with the requirement of being available for employment during the academic year.
However, within the limits of the legislation there is a considerable degree of scope for persons other than full time day students to engage in educational courses without affecting their entitlements. Persons engaged in part time courses who are trying to improve their prospects of employment would generally be able to fulfil the availability for work condition.
Similarly, unemployed people who attended evening classes or those who do not attend an educational institution but who present themselves for examination could also be eligible for unemployment assistance, provided always that they can show that they are making continuing efforts to secure employment and that the course being pursued does not unduly restrict them in this regard.
If the Deputy has any particular cases in mind where he considers that disallowance was unjustly imposed he should advise the Department of the details so that they can be examined.
61.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will receive approval for an invalidity pension; if so, when, and the arrangements which will be made for payment.
There is no record of a claim for invalidity pension from the person concerned. While he appears to satisfy the contribution conditions and the medical requirements for the pension, it is necessary to make formal application on the appropriate application form. A form for this purpose has now been forwarded to him and on its return, duly completed, the claim will be processed as soon as possible.
68.
asked the Minister for Social Welfare if a person (details supplied) in County Wexford will receive approval for an invalidity pension; if so, when and the procedures which apply for same.
Invalidity pension has been awarded to the person concerned from 12 February 1987. A pension book payable from 11 June 1987 has been issued to the designated post office of payment and arrears in respect of the period from 12 February 1987 to 10 June 1987, less the amount of disability benefit paid during that period, will be paid by payable order. The person concerned was notified of the award of his invalidity pension and given details of the pension on the 28 April 1987.