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Dáil Éireann díospóireacht -
Wednesday, 16 Mar 1988

Vol. 379 No. 2

Written Answers. - Social Welfare Benefits.

46.

asked the Minister for Social Welfare the reason disability benefit has been discontinued in the case of a person (details supplied) in County Donegal since 3 February 1988; and if he will make a statement as to which payment was made from February 1987 to 3 February 1988.

The person concerned was in receipt of disability benefit from 2 February 1987. Benefit was being issued regularly each week to the claimant on foot of monthly medical evidence. However, payment had to be suspended on 16 January 1988 as no certificate had been received since November 1987. A certificate for February 1988 was forwarded by the claimant and payment due to 3 February 1988 was issued on 8 February 1988.

On all claims commencing prior to 6 April 1987, one of the conditions for claiming disability benefit is that the person concerned must have a minimum of 26 contributions paid or credited in the contribution year which governs his claim. According to the records of the Department the claimant had less than 26 contributions paid or credited in the 1986-87 contribution year which governed his claim from 4 February 1988 and was therefore not entitled to receive benefit from that date.

However, following inquiries it was established that he had sufficient contributions paid and credited in the 1986-87 contribution year. This enabled him to continue receiving disability benefit beyond 4 February 1988 at the maximum rate appropriate to a married man with an adult dependant and three child dependants.

All benefit due to the person concerned for the period from 4 February 1988 to 19 March 1988 was issued on 11 March 1988, less the total amount of supplementary welfare allowance advanced to him by the health board. Further payments will issue to him weekly on receipt of monthly medical certificates for as long as he remains incapable of work.

47.

asked the Minister for Social Welfare the amount of unemployment assistance a person (details supplied) in County Kerry is in receipt of; and if this person is entitled to an increase of same.

Following re-investigation of the unemployment assistance claim of the person concerned, he was assessed from 3 February 1988 with means of £24.55 weekly, derived from profit from selfemployment and from the capital value of property. He is, accordingly, entitled to unemployment assistance of £100.75 weekly, being the appropriate maximum rate payable in his case of £125.30 less means of £24.55.

If the person concerned is dissatisfied with the amount of means assessed against him, it is open to him to appeal. A form for this purpose may be obtained from his local employment office.

48.

asked the Minister for Social Welfare the present position in respect of an invalidity pension for 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 issued to him.

49.

asked the Minister for Social Welfare if his Department will approve a disability benefit claim submitted by a person (details supplied) in County Laois for the period 29 June to 7 September 1987.

The person concerned was paid disability benefit to 15 June 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 this decision and was examined by a different medical referee on 3 September 1987, who also expressed the opinion that he was capable of work.

The person concerned was invited to make a formal appeal against the disallowance on 21 September 1987. A reminder to return the appeal form was issued in a reply to representations in November 1987.

On 25 February 1988 the person concerned was advised that if he did not return the form his appeal would be withdrawn. The form was returned on 3 March 1988.

Arrangements are now being made to have the case referred to an appeals officer who may decide the case summarily, or he may consider that an oral hearing is necessary. In the event of the case being listed for oral hearing, the person concerned will be notified of the time and venue fixed for the hearing when the final arrangements have been completed.

50.

asked the Minister for Social Welfare if his attention has been drawn to the fact a person (details supplied) in Dublin 20 who has had her disability benefit discontinued in the past two weeks, has appealed; and if he will arrange to have the appeal heard urgently as the person concerned is not fit for work.

51.

asked the Minister for Social Welfare the reason a person (details supplied) in Dublin 20 who has applied for disablement benefit under the occupational injuries scheme has heard nothing from his Department since September last.

I propose to take Questions Nos. 50 and 51 together as they refer to the same person.

Payment of disability benefit to the person concerned was disallowed from 22 February 1988 following an examination by a medical referee who expressed the opinion that she was capable of work. The claimant 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 payment of further disability benefit will be urgently reviewed in the light of the medical referee's report following the examination. The person concerned also claimed disablement benefit under the occupational injuries scheme on 10 August 1987 in respect of an alleged accident at work on 26 December 1983.

Injury benefit had not been claimed after the accident and it was necessary therefore to investigate the claim circumstances from the beginning. A form of inquiry which was issued to the employer to confirm details of the accident was returned to the Department undelivered. It was reissued, without response, on 12 November 1987 to the latest address. The matter has been referred for investigation to a social welfare officer who has been asked to expedite his inquiries. When his report is to hand a decision will be made without delay.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Kilkenny.

Following re-investigation of the unemployment assistance claim of the person concerned, which proved to be protracted, he was assessed with nil means with effect from 15 July 1987. He is accordingly, entitled to unemployment assistance of £37.80 weekly being the appropriate maximum rate payable in his case.

Arrears of unemployment assistance due, less supplementary welfare allowance paid to him by the health board during the period concerned, will be paid to him this week. Further weekly payments of £37.80 will continue to be made as they become due.

53.

asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in County Kilkenny as she has furnished all details requested by his Department in December 1987.

Following re-investigation, the unemployment assistance claim of the person concerned was disallowed from 6 January 1988 on the grounds that, by failing to furnish details of her means, she failed to show that her means did not exceed the statutory limit of £3,931.20 applicable in her case. She appealed against the disallowance and following further investigation her case was submitted to an appeals officer for determination.

On 9 March 1988 an appeals officer disallowed her claim on the grounds that her means, derived from the benefit from her spouse's income, exceeded the statutory limit in her case.

54.

asked the Minister for Social Welfare if he is concerned at the allegations made by a person (details supplied) in Dublin 1 who is on a protest hunger strike because of the Eastern Health Board's failure to pay her supplementary welfare allowance from 1979 to 1982; if there are arrears due to this person; and if he will make a statement on the matter.

Under the legislation governing the supplementary welfare allowance scheme, the determination of entitlement to an allowance is a matter for the health board. It is understood from the Eastern Health Board that there are no arrears due in this case. The board have, however, been asked to supply the person concerned with a detailed summary of her claim, setting out the payments made.

It has been confirmed from the Eastern Health Board that she was in receipt of assistance under the supplementary welfare allowance scheme up to the week ended 19 December 1987 and that at that stage she had been receiving £34 weekly. This was being paid as an urgent needs payment in order to avoid hardship. She ceased claiming it in December, 1987.

It is understood that at that stage, when she did not collect a cheque at the health centre, the community welfare officer phoned her at her home and she informed him that she no longer wished to claim the allowance because she had other means at her disposal. She called to the health centre in mid-January 1988 to inquire about another matter and she was asked if she wished to apply for supplementary welfare allowance but declined to complete an application form.

In subsequent contacts with the health board, she also declined to fully discuss her circumstances and to submit a new claim. However, she made a claim for supplementary welfare allowance on 15 March 1988 and, while the claim is being considered, she has been awarded an urgent need payment of £35. This payment will be given to her to-day. The health board will also inform her that the summary of her previous payments is being prepared.

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