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Dáil Éireann díospóireacht -
Wednesday, 7 Mar 1990

Vol. 396 No. 7

Written Answers. - Social Welfare Benefits.

Richard Bruton

Ceist:

41 Mr. R. Bruton asked the Minister for Social Welfare whether he will allow exceptions to the rule whereby recipients of a disabled person's maintenance allowance who go into institutional care lose their right to free travel, in circumstances where the medical consultant recommends that regular trips from the institution to visit home would have therapeutic value.

The free travel scheme applies to all residents of the State aged 66 years or over. The scheme also applies to registered blind persons over 18 years and to certain categories of disabled persons under 66 years who are in receipt of a qualifying payment, including those in receipt of a disabled person's maintenance allowance from a health board. The scheme also applies to spouses under age 66 for journeys on which they accompany the qualified person.

Under present arrangements, payment of disabled person's maintenance allowance may be continued for a maximum of eight weeks after recipients go into institutional care. Entitlement to free travel continues for this period. After this period, persons cease to be entitled to free travel because they are not receiving a qualifying payment which is a condition for entitlement.

The extension of the free travel scheme to cater for circumstances where a person is not receiving a qualifying payment would have significant cost and other implications and would have to be considered in a budgetary context.

Brian Cowen

Ceist:

42 Mr. Cowen asked the Minister for Social Welfare the status of an application for an old age non-contributory pension in the case of a person (details supplied) in County Offaly; when a decision will be made in this regard; and if he will make a statement on the matter.

The person concerned applied for an old age non-contributory pension on 16 August 1989. His file was forwarded to the social welfare officer in September 1989 for investigation.

Before entitlement to a pension in this case can be finalised, information regarding shareholding as a company director and proof of transfer of this shareholding is required. The person concerned has been requested to provide this information. On receipt of this, his case will be referred to a deciding officer for decision. He will be notified of the outcome as soon as possible.

My Department are also examining the possibility that the person concerned was in insurable employment while acting as a company director. He will be informed of the outcome of this examination if it transpires that an entitlement to a contributory pension can be established.

Dermot Ahern

Ceist:

43 Mr. D. Ahern asked the Minister for Social Welfare the present position regarding the appeal of a person (details supplied) in County Louth; and if he will make a statement on the matter.

The person concerned claimed injury benefit from 15 July 1988 in respect of an accident at work on 23 June 1988 and pending the completion of investigations he was awarded disability benefit on an interim basis from 19 July 1988, the fourth day of incapacity.

He continued to receive payment of disability benefit and was examined by a medical referee on 20 February 1989 who expressed the opinion that he was not incapable of work and payment of disability benefit was disallowed by a deciding officer from 28 February. The claimant appealed against the decision and was examined by a different medical referee on 1 June 1989 who also expressed the opinion that he was capable of work.
Following an oral hearing on 1 November 1989 the appeals officer upheld the decision of the deciding officer. The claimant submitted further medical evidence in January 1990. However, this was not deemed by the appeals officer to warrant a revision of the decision made. The claimant has continued to submit medical certificates of incapacity and arrangements have been made for a further examination by a medical referee.
In the meantime investigations made confirmed the circumstances of the accident concerned and injury benefit was allowed from 15 July 1988 to 21 December 1988, the end of the 26 week injury benefit period. Payment of injury benefit over and above the disability benefit paid was issued to him.
He may not be entitled to disablement benefit if he is at the loss of physical or mental faculty as a result of the accident and a claim form has been issued to him.
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