asked the Minister for Social Welfare the reason for the delay in the disability benefit appeal of a person (details supplied) in County Louth; and when the appeal will be heard.
Written Answers. - Social Welfare Benefits.
174.
Payment of disability benefit to the person concerned was disallowed from 3 March 1989 following examination by a medical referee who considered her capable of work. She expressed dissatisfaction with the decision to disallow payment and was examined again on 28 April 1989, by a different medical referee who also considered her capable of work.
On 3 May 1989 she was advised of her right to appeal the decision to disallow payment of benefit and was issued with the appropriate form for completion and return within 21 days if she wishes her case to be sent to an appeals officer for determination. The form has not been returned to date.
175.
asked the Minister for Social Welfare the reason for the delay in dealing with the unemployment assistance appeal of a person (details supplied) in County Mayo.
Following investigation the person concerned was assessed with weekly means of £131.90 from 7 June 1989, derived from the profit from his holding and from the value of capital. He is currently in receipt of unemployment assistance of £15.10 weekly, being the maximum rate of £147 payable in his case less means of £131.90.
He appealed the means assessed against him on 21 June 1989 and arising from contentions raised by him in support of his appeal, his papers were returned to the social welfare officer for further inquiries. When these inquiries were completed the appeals officer reviewed the case and decided to hold an oral hearing to afford the claimant an opportunity to present his case in person and to respond to questions in connection with his claim to a higher rate of unemployment assistance. This hearing will take place in about two weeks time.
176.
asked the Minister for Social Welfare when the appeal for disability benefit of a person (details supplied) in County Louth will be heard.
Payment of disability benefit to the person concerned was disallowed from 11 March 1989 following examination by a medical referee who considered her capable of work. She expressed dissatisfaction with the decision to disallow payment and was examined again by a different medical referee on 28 April 1989, who also considered her capable of work.
On 5 May 1989 she was advised of her right to appeal the decision to disallow payment of benefit and was issued with the appropriate form for completion and return within 21 days if she wished here case to be sent to an appeals officer for determination. The form does not appear to have been returned to the Department.
177.
asked the Minister for Social Welfare the reason sick benefit was not paid in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter.
The person concerned claimed disability benefit from 8 September 1989. To qualify for payment of that benefit a claimant must have at least 39 contributions paid or credited on his behalf in the contribution year governing the claim.
The person concerned is not qualified for payment as there are no contributions recorded by the Department for the tax year 1987-88 which governs his claim. He has been advised of this and supplied with a form which he should complete and return immediately if he was insurably employed during the relevant tax year.
Credited contributions will be awarded, however, on receipt of medical evidence, for the duration of the illness. While not entitling the claimant to payment these contributions preserve the continuity of his contribution record. If the claimant's means are insufficient to meet his needs, he should apply to his community welfare office for supplementary welfare allowance.
178.
asked the Minister for Social Welfare the reason long-term unemployment assistance obtained in England is not taken into account when assessing an applicant for long term unemployment in this country as in the case of a person (details supplied) in Dublin 1; when unemployment benefit is transferable from England to Ireland; if his attention has been drawn to the difficulties this presents when recipients want to claim their fuel and other allowances; and if he will make a statement on the matter.
The person concerned is in receipt of unemployment assistance at the maximum short term rate of £78.90 which includes an increase in receipt of a qualified adult dependant and one child dependant.
EC Regulations on social security provide for the transfer of unemployment benefit between member states in the case of an unemployed person who moves to another member state to look for work. The regulations do not provide for a transfer in relation to an unemployment assistance payment. Prior to claiming unemployment assistance, the person concerned was residing in England where he was in receipt of income support which is an assistance payment and accordingly the provisions of the EC Regulations on social security do not apply to him.
The legislative basis for the payment of the long term rate of unemployment assistance is contained in the Social Welfare (Variation of Rates of Unemployment Assistance) Regulations, 1983, Statutory Instrument No. 268 of 1983.
These regulations specifically provide that the long term rate of unemployment assistance is payable in respect of a person who in any one continuous period of unemployment has been in receipt of unemployment benefit or unemployment assistance for at least 390 days, that is, 15 months. The person concerned has been in receipt of unemployment assistance for less than 15 months and accordingly is only entitled to receive payment at the short term rate.
179.
asked the Minister for Social Welfare the reason a person (details supplied) in County Cork who is in receipt of disability benefit had it reduced by £6 per week in May 1989; the amount of overpayment, if any, which was made to him; when full benefit will be restored to the person concerned; and when the medical referee will carry out an examination of the said person in determining his appeal for continuation of payment.
An overpayment of £201.20 was assessed against the person concerned in respect of specified periods during 1987 when the Department was satisfied that he had been working while claiming benefit. Deductions of £6 per week were made from his claim to disability benefit from May 1989 in order to recover the overpayment.
Payment of disability benefit to the person concerned was disallowed from 3 June 1989, following examination by a medical referee who considered him capable of work. He expressed dissatisfaction with the decision to disallow payment and arrangements have been made to have him examined again on 16 November 1989. His entitlement to benefit will be reviewed in the light of the medical referee's report.