Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Tuesday, 21 Nov 1989

Vol. 393 No. 4

Written Answers. - Social Welfare Benefits.

107.

asked the Minister for Social Welfare when unemployment assistance will be granted to a person (details supplied) in County Kerry; and if he will make a statement on the matter.

Following investigation of his circumstances the person concerned was assessed with weekly means of £86.18 from 19 June 1989, derived from the benefit of his spouse's earnings. As this assessment exceeded the maximum weekly rate payable in his case, he was not entitled to payment of unemployment assistance from that date.

He appealed against this decision and on 21 September 1989 an appeals officer also assessed his means at £86.18 per week. An appeals officer's decision is final in the absence of new facts or fresh evidence.

He applied for unemployment assistance on 10 November 1989 and his case has been forwarded to the social welfare officer for investigation. On completion of these inquiries his case will be referred to a deciding officer for decision and he will be informed of the outcome without delay.

108.

asked the Minister for Social Welfare the present position in relation to a person (details supplied) in County Limerick who has applied for an invalidity pension and a disablement pension.

The person concerned has been in receipt of disablement benefit since 23 December 1988. He was assessed at 50 per cent disablement from 23 December 1988 to 9 November 1989 subject to a further review. He was examined on 25 September 1989 by a medical referee and his disablement was re-assessed at 40 per cent. The medical referee did not consider him permanently incapable of work and referred him for further examination in August 1990. He was then awarded continuing disablement benefit from 10 November to 16 August 1990 at £27.50, which is the rate appropriate to 40 per cent disablement.

The person concerned served notice of intention to appeal against the decision and an appeal form was issued to him for completion. The matter will be dealt with by an appeals officer on receipt of the completed appeal form.

An application to transfer from disability benefit to invalidity pension was received from the person concerned on 2 November 1989. Due to the fact that a medical referee found the person concerned not to be permanently incapable of work a deciding officer decided that he was not entitled to invalidity pension. Disability benefit is continuing to be paid at the appropriate rate.

On 17 November 1989, the person concerned was notified of this decision and of his right to appeal.

109.

asked the Minister for Social Welfare, with respect to persons who declined recruitment to social employment schemes without a reason acceptable to FÁS, if he will outline the criteria whereby his Department decided whether such persons may or may not continue to receive unemployment benefit or assistance.

In accordance with section 35 of the Social Welfare (Consolidation) Act, 1981, a person may be disqualified from receiving unemployment benefit for up to six weeks for refusing an offer of suitable employment.

There is no corresponding provision in the legislation governing the unemployment assistance scheme. However, it is a statutory condition of the unemployment assistance and unemployment benefit schemes, that claimants must be available for and genuinely seeking work and a claimant who refuses an offer of suitable employment may, where the circumstances of his or her case warrant it, be found not to satisfy this condition.

Where FÁS notifies this Department that a claimant has refused an offer of a suitable place on the social employment scheme, the case is referred to a deciding officer for review of entitlement to payment. In reviewing entitlement, the deciding officer has regard to all of the circumstances of the case, including in particular the reason why the claimant refused the offer. Before a decision is made, claimants are afforded every opportunity to put their side of the case to the deciding officer. If the claimant can show that he or she had good cause for not taking up the offer of a place on the social employment scheme, payment is continued.

Where, following full consideration of all of the facts, the deciding officer concludes that disallowance of the claim is appropriate, the claimant is notified in writing of the reason for the disallowance and of his or her right to appeal against the decision to an appeals officer.

110.

asked the Minister for Social Welfare the reason a person (details supplied) in County Clare has been refused a full old age pension.

The person concerned applied for old age non-contributory pension on 22 February 1989. Following investigation of the case it was decided on 18 March 1989 that he was not entitled to pension as his means derived from the income from a holding and capital, exceeded the statutory limit.

The person concerned appealed against the decision on 28 April 1989 and the case was referred to an appeals officer for determination.

By decision of 9 June 1989 the appeals officer upheld the original decision on the grounds that means as assessed exceeded the statutory limit. This decision is final and conclusive, and can only be reviewed in the light of new facts or fresh evidence.

111.

asked the Minister for Social Welfare the outcome of a claim of a person (details supplied) in County Kilkenny for an increase in an old age pension.

The person concerned is in receipt of an old age non-contributory pension since 13 March 1979.

In June of this year the case was reviewed at the request of the pensioner. At the time of the review a weekly pension of £42.50 was in payment — this is the rate appropriate to weekly means of between £10 and £12.

Following reinvestigation of the case a full rate pension of £48.50 per week was awarded with effect from 30 June, 1989. This rate increased to £50 per week from 28 July, 1989, due to budgetary provisions.

A full rate pension book, payable from 27 October, 1989 has been issued and arrears of pension for the period 30 June 1989 to 20 October, 1989 are in the course of issue.

112.

asked the Minister for Social Welfare the reason a person (details supplied) in County Kerry who is signing for unemployment assistance since March 1989 has not been paid to date; and if he will make a statement on the matter.

Following investigation of his means, the unemployment assistance claim of the person concerned was disallowed from 5 April 1989 on the grounds that by failing to disclose full details of his means, he failed to show that his means did not exceed the statutory limit for receipt of a qualification certificate.

He appealed against this decision and his case was referred to the social welfare officer for further inquiries in connection with his appeal. These inquiries which were protracted were completed recently and his case will shortly be referred to an appeals officer for consideration. When a decision is given, he will be informed of the outcome as soon as possible.

113.

asked the Minister for Social Welfare when a free electricity allowance will be granted to a person (details supplied) in County Kerry, in view of the fact that she is living alone; and if he will make a statement on the matter.

To qualify for a free electricity allowance a person must be in receipt of a qualifying payment for persons within their age category. The person concerned is not in receipt of such a payment and does not, therefore, qualify for the allowance.

Barr
Roinn