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Dáil Éireann díospóireacht -
Tuesday, 27 Mar 1990

Vol. 397 No. 5

Written Answers. - Social Welfare Benefits.

Tony Gregory

Ceist:

115 Mr. Gregory asked the Minister for Social Welfare if a person (details supplied) in Dublin 1 who was awarded maintenance which is £12 less than the social welfare allowances of which she was previously in receipt (i) will be paid the difference and (ii) will be paid the full amount if her spouse fails to pay this maintenance; and if he will make a statement on the matter.

It is a condition for continued receipt of deserted wife's payment that a recipient continue to make reasonable efforts within the means available to her to seek maintenance from her husband if he is in a position to support her. As the husband of the person concerned is employed she was requested to provide evidence of her efforts to seek maintenance but to date has failed to do so.

If the level of maintenance is as described by the Deputy, the recipient would no longer be entitled to receive a desertion payment. There is no legal provision within social welfare legislation to pay the difference between a desertion payment and the maintenance received. Where a deserting spouse fails to honour a maintenance order, the deserted party should seek enforcement proceedings. The ongoing entitlement to deserted wife's payment is reviewed in the light of the outcome of such proceedings. The rules and procedures applicable to maintenance payments to deserted spouses are being reviewed in the context of provisions to pursue deserting spouses for contributions towards the cost of income maintenance payments provided to their families by the Department.

Mary Flaherty

Ceist:

116 Miss Flaherty asked the Minister for Social Welfare the cost of extending child dependant payments to recipients of disability benefit and unemployment benefit where children are at full-time education up to the age of (a) 19, (b) 20 and (c) 21.

The estimated annual cost of extending child dependant payments to recipients of disability benefit and unemployment benefit in respect of children in full-time education up to the ages of 19, 20 and 21 is approximately £1.5 million, £2.0 million and £2.5 million, respectively.

Michael Moynihan

Ceist:

117 Mr. Moynihan asked the Minister for Social Welfare the present position regarding the case of a person (details supplied) in County Kerry who was in receipt of disability benefit and was considered capable of work by two medical referees and a deciding officer from his Department but who was not allowed resume work by the company's medical officer on the grounds of incapacity.

Payment of disability benefit was disallowed to the person concerned from 5 October 1989 following an examination by a medical referee who considered him capable of work. He appealed against this decision and was examined by a different medical referee who also expressed the opinion that he was capable of work.

The case was then referred to an appeals officer who held an oral hearing on 28 February 1990. The person concerned attended the hearing alone although he was advised of his right to have his own doctor present in support of his appeal.
Having regard to all the facts available to him, the appeals officer decided that the person concerned was capable of work within the meaning of the Social Welfare Acts from 5 October 1989 and is not entitled to be paid disability benefit from that date.
The appeals officer's decision is final and conclusive and may only be altered in the light of new facts or fresh medical or other evidence.
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