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Dáil Éireann díospóireacht -
Tuesday, 15 Dec 1987

Vol. 376 No. 9

Written Answers. - Social Welfare Benefits.

119.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry has not qualified for disability benefit even though she has been paying PRSI for several years.

The person concerned claimed disability benefit from 9 October 1987.

Benefit could not be awarded immediately as she had submitted an old revenue social insurance number in support of her claim. The matter was subsequently resolved when her correct RSI number became available. She qualifies for benefit at the maximum rate appropriate to a married woman whose spouse is employed.

All benefit payable to 8 December 1987, the date of the latest medical certificate received, has been issued to her.

120.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry does not qualify for disability benefit even though the medical referee stated that he is incapable of work.

According to the records of the Department the person concerned claimed disability benefit in October 1986. However he had last been insurably employed in Great Britain. Under the EC Regulations on Social Security, responsibility for a claim to sickness benefit rests with the member state under whose legislation the claimant was last insurably employed.

His claim therefore, was proper to the Department of Health and Social Security, Newcastle-upon-Tyne and the claim papers together with the medical evidence were transferred to the British authorities on 11 November 1986.

121.

asked the Minister for Social Welfare the up-to-date position regarding the case of a person (details supplied) in County Kerry who, despite the fact that he was awarded a substantial sum of money by the High Court arising from injuries received, while at work, was asked by the departmental medical referee to sign for unemployment benefit, but cannot in conscience do so because he is unfit to work; and if he will make a statement on the matter.

The person concerned was paid disability benefit to 10 October 1987 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 and arrangements have been made to have him examined by a different medical referee as soon as possible. His entitlement to benefit will then be reviewed in the light of the medical referee's report.

The person concerned has been advised that he may apply for unemployment benefit or assistance while this appeal is being processed. If his means are insufficient to meet his needs he should apply to his local community welfare officer for supplementary welfare allowance.

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