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Dáil Éireann díospóireacht -
Wednesday, 17 May 1989

Vol. 390 No. 2

Written Answers. - Social Welfare Benefits.

51.

asked the Minister for Social Welfare the entitlement to unemployment assistance of a person (details supplied) in Dublin 24; and having regard to the decision of the Supreme Court in the Hyland case, if he will arrange for the unemployment assistance entitlement of the person concerned to be revised upwards to the same rate as would apply to a single person in his situation; and if he will make a statement on the matter.

The person concerned informed the employment exchange that his wife was employed. Following investigation of his changed circumstances he was assessed with means of £91.49 per week from 25 January 1989 derived from the benefit of his spouse's earnings.

He appealed against the means assessed against him on 14 February 1989. An appeals officer, on 21 March 1989, reduced the means assessed against him to £90 per week from 25 January 1989. As his wife is working and earning over £50 per week he is not entitled to an adult dependant allowance in respect of her and is also only entitled to half the appropriate child dependant allowances. The means assessed are halved and deducted from the maximum appropriate weekly rate of £50.90 payable. This leaves him entitled to payment of unemployment assistance at the weekly rate of £5.90.

This case is not affected by section 12 (4) of the Social Welfare (No. 2) Act, 1985, which was the subject of the Supreme Court decision referred to.

52.

asked the Minister for Social Welfare the entitlement to disability benefit of a person (details supplied) in Dublin 24; if any application for disability benefit or appeal is pending at present in her case; and if he will make a statement on the matter having regard to the fact that she is still unfit for work.

The person concerned was paid disability benefit from 30 September 1986 to 18 February 1988. Payment was disallowed from 19 February 1988 following examination by a medical referee who expressed the opinion that she was capable of work.

As she was dissatisfied with the decision she was examined by a different medical referee who also expressed the opinion that she was capable of work. The case was then referred to an appeals officer who upheld the decision to disallow payment of disability benefit. The decision of the appeals officer is final and can only be altered in the light of new facts or fresh evidence.

The person concerned continued to submit medical evidence. On 11 January 1989 a further medical examination to assess her entitlement to disability benefit found her capable of work. As she is still submitting medical certificates of incapacity, arrangements are being made to have her examined again as soon as possible by a different medical referee. In the event of her being dissatisfied with the results of this forthcoming examination, she will be notified of her right to submit a further appeal for submission to an appeals officer.

53.

asked the Minister for Social Welfare the reason for the delay in payment of disability benefit to a person (details supplied) in County Kerry.

The person concerned appealed the decision to disallow payment of disability benefit from 21 October 1988 and his case was forwarded to an appeals officer for determination. The appeals officer has allowed the appeal and payment of benefit is being restored with immediate effect.

Arrears of benefit due will issue when it is established whether the person concerned received any social welfare payment or supplementary welfare allowance for the period since the disallowance and which would fall to be recouped from the arrears of disability benefit.

54.

asked the Minister for Social Welfare the reason for the delay in payment of an old age pension to a person (details supplied) in County Kerry.

The delay in processing the application for pension in this case was due to an oversight regarding the number of the person's dependants which led to the investigations into the person's circumstances taking longer than expected. Pension was awarded last month. The pension book issued with pension orders from 3 March and the arrears due of £313.35 were paid on 2 May.

The Department have recently been notified that the person concerned has now ceased employment, and wishes to have his means reassesed. The file is at present with the local social welfare officer who is being requested to expedite the re-examination. The person concerned will be notified of the revised decision as soon as possible.

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