asked the Minister for Social Welfare the reason payment of disability benefit has not been made to a person (details supplied) in County Kildare; and the reason for the delay in payment of same.
Written Answers. - Social Welfare Benefits.
71.
The claim to disability benefit by the person concerned was not allowed as he had been found capable of work by a medical referee who examined him in October 1988 in connection with an earlier claim. He appealed against the decision not to allow payment and arrangements have been made for his examination today by a different medical referee. He will be advised of the result of the examination as soon as it is available and his entitlement to benefit will be reviewed in the light of the medical referee's report.
72.
asked the Minister for Social Welfare if he will arrange for a further examination of the case of a person (details supplied) in County Laois with a view to having disability benefit restored.
An oral hearing of the appeal of the person concerned against the disallowance of disability benefit was held on 16 March 1989. The appeals officer decided in the light of the evidence that the person concerned was capable of work and so not entitled to disability benefit. The decision of an appeals officer is final and may be altered only in the light of new facts or fresh evidence.
73.
asked the Minister for Social Welfare if he will make an early decision on the unemployment benefit claim submitted by a person (details supplied) in County Laois.
The person concerned claimed unemployment benefit on 23 February 1989.
Inquiries are being made to establish if her employment during the contribution period 6 April 1987 to 5 April 1988, which governs her claim of 23 February 1989, is appropriate to a contribution class which provides cover against unemployment. When these inquiries are completed, her entitlement to unemployment benefit will be determined. She has been advised that she may claim unemployment assistance while her insurance record is being investigated.
74.
asked the Minister for Social Welfare the reason he was unable to answer the final part of Parliamentary Question No. 44 of 27 April 1989 (details supplied).
The final part of Question No. 44 of 27 April referred to the dalay in determining the date for an appeal hearing for the person in question and the reply indicated that it had been decided to grant an oral hearing and that the person would be advised of the arrangements for the appeal as soon as possible. This was the best information available at that time.
The conditions governing the processing of appeals are laid down in Part VIII of the Social Welfare (Consolidation) Act, 1981. This prescribes that the chief appeals officer is responsible under the legislation for the distribution of cases among appeals officers and for the prompt consideration of appeals.
While an appeals officer may decide an appeal summarily, in this particular case the claimant is being afforded an oral hearing to present his case personally to the appeals officer.
Oral hearings are arranged in strict rotation by the chief appeals officer. While it was known that there was to be an oral hearing in this instance, the chief appeals officer had not arranged the hearing and it was not possible to give a definitive date. The fact that this case had been specially referred to the medical adviser for an assessment of the medical evidence before it was submitted to the appeals officer added to the time taken in the appeal process.
I now understand that this case will be listed for hearing by an appeals officer who will visit the area towards the end of the month. The person concerned will be informed of the arrangements as soon as possible.