asked the Minister for Social Welfare the reason for the delay in payment of an old age non-contributory pension to a person (details supplied) in County Kerry; and if he will make a statement on the matter.
Written Answers. - Social Welfare Benefits.
152.
A deciding officer decided on 1 April 1987 that the person concerned was not entitled to an old age pension as her means had not been fully disclosed. The applicant and her husband failed to supply the social welfare officer with proper authorisation to enable her to verify stock details with the district veterinary office.
The Department was notified by the person's solicitor in December 1987 that the holding had been transferred to her son and the papers were forwarded to the social welfare officer for re-investigation. When inquiries have been completed the case will be referred to a deciding officer for decision and the applicants will be notified of the outcome without delay.
153.
asked the Minister for Social Welfare if he will outline the grounds on which the cost of a mortgage was excluded from relevant means in assessing a means test against a person in receipt of unemployment assistance with a working spouse; and if he will consider re-introducing allowance for mortgage or rent in view of the hardship that is being caused by this severe ruling on means test.
The legislative basis for the assessment of means for unemployment assistance purposes is contained in section 146 of the Social Welfare (Consolidation) Act, 1981, as amended by section 13 of the Social Welfare (No. 2) Act, 1985, which provided for equal treatment for men and women in matters of social security.
Prior to the implementation of the equal treatment provisions allowance was made for rent or mortgage payments where the wife of an unemployment assistance claimant was employed under a contract of service. The allowance, which was deducted from the net earnings of the claimant's wife, was made as a household expense when assessing the value to the husband as "head of the household" of his wife's income from employment.
The Act of 1985 provided for the deletion of the reference to the "head of the household" because the concept was incompatible with the principle of equal treatment. This provision came into effect in November 1986. The amended legislation provides that the value to the household of all income earned by the claimant's spouse must be assessed as means. As rent and mortgage payments are of value to the household, they are not disregarded in assessing the spouse's income as means. Allowance is made, however, in respect of employment related expenses incurred by a spouse.
Transitional arrangements made for certain persons who were adversely affected by the equal treatment provisions contain provision for the continuation, until the end of the current claim, of allowances made in respect of rent or mortgage payments where these had been in operation in November 1986.
It is not proposed to amend the legislation to provide for allowances in respect of rent or mortgage payments in assessing a spouses's income as means for unemployment assistance purposes. However, anyone who is unable to meet their mortgage or rent payments can claim a supplement under the supplementary welfare allowance scheme. Application for this supplement may be made to the community welfare officer at the local health centre.
154.
asked the Minister for Social Welfare if he will arrange for unemployment assistance to be restored to a person (details supplied) in Dublin 12 who had his benefit discontinued last November for allegedly not declaring his wife's income which he did declare; and as the matter is now under appeal, if he will arrange for a favourable determination of the case.
Following investigation the unemployment assistance claim of the person concerned was disallowed on the grounds that, by failing to furnish details of his means, he failed to show that his means did not exceed the statutory limit. In this regard, the person concerned failed to provide the required verified evidence of his wife's income.
He appealed against the disallowance on 1 December 1987 and his papers were returned to the social welfare officer to afford him a further opportunity to cooperate in the investigation of his means.
This investigation will be completed as soon as possible and his case will then be submitted to an appeals officer for determination at the earliest available opportunity.
The entitlement of the person concerned to unemployment assistance will be reviewed in the light of the outcome of the appeal.