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Dáil Éireann díospóireacht -
Wednesday, 27 May 1987

Vol. 372 No. 13

Written Answers. - Social Welfare Benefits.

97.

asked the Minister for Social Welfare the reason for the delay in granting an invalidity pension to a person (details supplied) in County Waterford.

In order to determine her entitlement to invalidity pension it was necessary to refer the person concerned for examination by a medical referee. The medical referee has found that the person satisfies the medical conditions and she has now been awarded an invalidity pension with effect from 4 December 1986.

A pension book payable from 18 June 1987 has been issued to the designated post office of payment. Arrears in respect of the period from 4 December 1986 to 17 June 1987, less the amount of disability benefit paid during that period will be paid by payable order.

98.

asked the Minister for Social Welfare when outstanding arrears will be paid in the case of a person (details supplied) in Dublin 8.

Arrears of invalidity pension amounting to £14.10, representing pension for the period from 1 January 1987 to 7 January 1987 less the amount of supplementary welfare allowance paid during that period will be paid by payable order on 29 May 1987.

99.

asked the Minister for Social Welfare if he will ensure that a person (details supplied) in County Waterford is paid disability benefit for the period, 8 December 1986 to 31 January 1987 now that his continuing qualification for benefit has been confirmed; and if he will make a statement on the matter.

Payment of disability benefit to the person concerned was disallowed from 8 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 expressed the opinion that he was incapable of work from 2 February 1987 only. Accordingly, payment of benefit was restored from 2 February 1987 and all benefit payable has been issued to him.

He was now been issued with a form on which to set out the grounds for appeal if he wished to have his case referred to an appeals officer for determination in respect of the period from 8 December 1986 to 31 January 1987. His case will be reviewed on receipt of this form.

100.

asked the Minister for Social Welfare the arrears due to a person (details supplied) in Dublin 13 resulting from changes in income through the EC equality directive.

The person concerned claimed disability benefit from 11 November 1986. Benefit was authorised from 14 November 1986, the fourth day of incapacity at the weekly rate of £36.75, the maximum rate payable to a woman with only 32 contributions paid in the 1984-85 governing contribution year.

From 17 November 1986 in accordance with the equality legislation the claimant was entitled to claim an increase of 50 per cent of the normal rates in respect of her five child dependants as her husband is also being paid half-rate child dependant increases with his unemployment assistance. Her weekly rate of disability benefit was therefore increased to £59.75. All benefit payable to the claimant has issued to 20 January 1987 after which date she was certified fit to resume work. Consequently no arrears of disability benefit appear to be outstanding to the person concerned.

101.

asked the Minister for Social Welfare if arrangements will be made for a disability benefit appeal for a person (details supplied) in County Kilkenny as a matter of urgency; and the reason she has been called before a medical referee so often in the past few months.

The person concerned was paid disability benefit from 26 September 1985 to 15 June 1986. Payment was disallowed from 16 June 1986 following an examination by a medical referee who expressed the opinion that she was capable of work. She appealed against the disallowance and an appeals officer decided on 2 March 1987 that she was incapable of work from 16 June 1986. Payment of disability benefit was restored from 9 March 1987 only, as it was necessary to ascertain the amount of unemployment benefit paid to the person concerned from 16 June 1986 to 8 March 1987.

All arrears of benefit payable from 16 June 1986 to 8 March 1987, less the amount of unemployment benefit received by the claimant for that period, were issued on 22 May 1987. Any delay in issuing these payments is regretted. Payment of disability benefit continued to issue to the person concerned until 2 May 1987, when benefit was again disallowed following an examination by a medical referee who considered her to be capable of work.

The person concerned has appealed against the disallowance and arrangements are being made to have her examined by a different medical referee at an early date. Her entitlement to further payment of disability benefit will be reviewed in the light of the medical referees report following this examination.

It is the policy of the Department to refer claimants for medical examinations, as a control measure, for the purpose of obtaining a second medical opinion. The person concerned first attended a medical examination on 2 November 1985. The medical referee considered her to be incapable of work and recommended a review of her case in May 1986. She was examined on 29 May 1986 and she was considered to be capable of work. She appealed and in connection with her appeal she was again examined on 4 September 1986 by a different medical referee who also considered her to be capable of work. She was examined on 9 April 1987 on the basis of a routine control examination as her previous examination was in September 1986.

102.

asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford is now in receipt of unemployment benefit despite the fact that he received disability benefit for over two years.

The person concerned was receiving disability benefit from February 1984 and payment was disallowed from 24 January 1985 following an 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 also expressed the opinion that he was capable of work. His case was then referred to an appeals officer who upheld the decision to disallow payment of disability benefit from 24 January 1985 to 31 July 1985, the date of the latest medical certificate before him. The decision of the appeals officer is final and may only be altered in the light of new facts or fresh evidence.

He continued to submit medical evidence and his claim was further disallowed from 1 August 1985. He was invited to appeal against this further disallowance but did not do so.

The person concerned had also been in receipt from 26 March 1982 of disablement benefit, under the occupational injuries scheme, which can be paid with disability benefit or unemployment payments. He was examined, in connection with the disablement benefit claim by a medical referee of the Department on 26 June 1986 who expressed the opinion that the person concerned was incapable of work from that date. Accordingly his entitlement to disability benefit should have been reinstated from 26 June 1986 but due to an administrative error, which is regretted, the necessary arrangements were not made to reactivate the disability benefit payments.

The person concerned claimed and has been paid unemployment assistance from June 1986. He is now being transferred to disability benefit and arrears of that benefit, less assistance paid to him, amounting to £202.82 have now issued.

103.

asked the Minister for Social Welfare when an invalidity pension will be paid to a person (details supplied) in Dublin 11.

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

Arrangements are being made to have the person concerned examined by a medical referee. His entitlement to invalidity pension will be reviewed in the light of the report of this examination.

104.

asked the Minister for Social Welfare if a person (details supplied) in County Cork is entitled to disability benefit; and if he will make a statement on the matter.

An appeals officer decided that the person concerned was not incapable of work within the meaning of the social welfare Acts during the period from 17 November 1983 to 17 February 1986 (the date of the latest medical certificate before him at that time) and is not entitled to be paid disability benefit in respect of that period.

The person concerned continued to submit medical evidence of incapacity and in this connection was examined on 21 May 1987 by a medical referee who expressed the opinion that she was incapable of work from 18 February 1986. All arrears of disability benefit payable less any unemployment or supplementary welfare payments made since 18 February 1986 will be issued as soon as possible.

105.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be considered for an invalidity pension; if so, and when; and if he will make a statement on the matter.

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

Arrangements are being made to have the person concerned examined by a medical referee on 11 June 1987. If he satisfies the medical condition, he will then be invited to make a formal application for invalidity pension.

106.

Mr. Kitt

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

Following reinvestigation of the unemployment assistance claim of the person concerned he was assessed with means of £4.80 weekly derived from the letting value of land.

He is accordingly in receipt of unemployment assistance of £30.70 weekly, being the appropriate maximum rate payable in his case of £35.50 less means of £4.80.

The person concerned has not, to date, appealed against the amount of means assessed against him, although it is open to him to do so. A form for this purpose may be obtained from his local office.

107.

asked the Minister for Social Welfare the present position regarding the application for invalidity benefit of a person (details supplied) in County Galway.

Prior to 6 April 1987, where any claimant had less than 156 contributions paid since entry into insurable employment, entitlement to disability benefit was limited to 52 weeks.

According to the records of the Department the person concerned has only 141 contributions paid on her behalf since entry into insurable employment, She claimed disability benefit from 8 April 1985 and was paid to 9 April 1986 after which date her 52 week entitlement to benefit became exhausted.

In order to requalify for disability benefit it will be necessary for her to have at least a further 13 weeks of insurable employment for which the appropriate contributions are paid.

Credited contributions have been awarded for the period 9 April 1986 to 22 April 1987, the date of the latest medical certificate received. These credited contributions, although not entitling the person concerned to payment of disability benefit, preserve the continuity of her insurance record.

From 6 April 1987, in order to qualify for invalidity pension the person concerned must have at least 208 contributions paid since entry into insurable employment and as she has only 141 such contributions she is not qualified for invalidity pension.

108.

asked the Minister for Social Welfare the present position regarding the invalidity pension application of a person (details supplied) in County Offaly.

The person concerned appears to satisfy the medical and contribution conditions for invalidity pension. It will be necessary for him to formally apply for pension and a claim form has now been forwarded to him.

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