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Dáil Éireann díospóireacht -
Wednesday, 30 Jan 1991

Vol. 404 No. 4

Written Answers. - Social Welfare Benefits.

Gay Mitchell

Ceist:

258 Mr. G. Mitchell asked the Minister for Social Welfare if unemployment benefit will be paid to a person (details supplied) in Dublin 12 in the special circumstances involved.

The person concerned was employed as a garda until 9 January 1989 when she took a career break and commenced employment with Aer Lingus. She was laid off work by Aer Lingus for a four week period from 4 January 1991.

She claimed unemployment benefit on 7 January 1991. Her claim was disallowed by a deciding officer on the grounds that, because she was on a career break, she was not unemployed within the meaning of the Social Welfare Acts.

She appealed against this decision on 17 January. This appeal will be decided after an oral hearing.

Gay Mitchell

Ceist:

259 Mr. G. Mitchell asked the Minister for Social Welfare if he will determine the entitlement of a person (details supplied) in Dublin 12 to unemployment assistance as inquiries have been on-going for nine months.

The unemployment assistance claim of the person concerned was disallowed from 18 April 1990 on the grounds that he had failed to show that his means did not exceed the statutory limit for receipt of a qualification certificate. The disallowance was upheld on appeal. In particular he failed to provide information regarding the origin of moneys used by him for the purchase and running costs of his car.

He made a further claim on 11 September 1990. This claim has also been disallowed on the same grounds. He appealed against the disallowance and he has been given a further opportunity to provide details of his income to a social welfare officer. The officer has finalised his report and the case is being referred to the social welfare appeals officer for decision.

Michael Ferris

Ceist:

260 Mr. Ferris asked the Minister for Social Welfare if he has proposals to increase the £100 death grant, if he will index link this payment for future years; and if he will make a statement on the matter.

The death grant is one of the measures which provide assistance on the death of an insured person or a member of his family. The question of additional provision in such circumstances, including the question of an increase in the death grant is a matter for consideration in a budgetary context.

John Browne

Ceist:

261 Mr. Browne (Carlow-Kilkenny) asked the Minister for Social Welfare the reason a person (details supplied) in County Carlow who, having been refused disabled person's maintenance allowance on appeal, has now been cut off unemployment assistance.

Entitlement to unemployment assistance is subject to the condition that a person must be available for and genuinely seeking work.

The claim of the person concerned was disallowed from 2 January 1991, on the grounds that he was not available for and not genuinely seeking work. He appealed against the disallowance and attended an oral hearing of his case on 25 January 1991. The appeals officer allowed his appeal.
Arrears of unemployment assistance less supplementary welfare allowance which he received while his case was under appeal will be paid to him this week.

Charles Flanagan

Ceist:

262 Mr. Flanagan asked the Minister for Social Welfare the reason an old age pension was not awarded to a person (details supplied) in County Offaly as full details of means have been submitted to his Department.

The person concerned originally applied for old age non-contributory pension in February 1990. Following investigations, during which the applicant failed to supply comprehensive and satisfactory details of his means on request, his application for pension was refused on the basis that his means had not been fully disclosed.

The applicant subsequently appealed this decision to the social welfare appeals office. However, the appeals officer upheld the decision not to award the pension on the basis that the claimant had not shown that he satisfies the statutory conditions as to means. The appeals decision was made on 4 September 1990.

The person concerned re-applied for pension in December 1990. A different social welfare officer investigated his entitlement on the day he lodged his application, but the person concerned did not adduce any new facts which would substantiate his claim.

It was decided on 4 January 1991 that the person concerned was not entitled to pension as his means were not fully disclosed.

Jim O'Keeffe

Ceist:

263 Mr. J. O'Keeffe asked the Minister for Social Welfare the circumstances in which a widow's contributory pension may be claimed in respect of the self-employed; the date when the scheme came into effect; the amount of qualifying contributions necessary; and whether any such pensions have been claimed or paid to date.

Self-employment contributions (class S) were introduced with effect from 6 April 1988, the date of commencement of the 1988-89 contribution year. These contributions cover entitlement to widow's contributory pension.

A widow's contributory pension may be based on either the widow's or her late husband's PRSI record. The two PRSI records may not be combined to qualify for the pension. Whichever record is being used must have sufficient PRSI contributions paid at the date of the husband's death to satisfy the following two conditions.

The first condition is that the insured person must have at least 156 contributions paid — 156 contributions represents payment for three full contribution years. A person who commenced paying self-employment contributions from 6 April 1988 would not yet have 156 contributions paid, and accordingly, there would not be title to widow's contributory pension based solely on these contributions. However, if that person had previously been insurably employed and had contributions paid which cover entitlement to widow's contributory pension, the contributions can be combined with the self-employment contributions when examining title to widow's contributory pension.

The second condition is that the insured person must either: (a) have an average of 39 weeks PRSI a year paid or credited over the three or five tax years before the husband died or reached pension age, 66 years at present; or (b) have, for a minimum pension, an average of at least 24 weeks PRSI paid or credited per year in the period between starting work and the end of the tax year before the husband died or reached pension age.

A number of widow's pensions have been awarded based on a combination of self-employment and other contributions. No figure is available for the number of such awards.

Bernard J. Durkan

Ceist:

264 Mr. Durkan asked the Minister for Social Welfare if regular payments of occupational injury/disability benefit will be 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 occupational injury benefit from 1 February 1990. He was paid this benefit for the maximum period of 26 weeks.

When his claim to occupational injury benefit expired, he continued to submit medical certificates and qualified for disability benefit from 2 August 1990, at the weekly rate of £83.00. This figure is made up of £64.90 flat rate disability benefit plus £18.10 pay-related benefit. Disability benefit has continued to be paid at this rate, by weekly cheque, up to 24 January 1991, the latest date for which medical evidence has been received.

According to the records of my Department, payments have been issuing promptly and regularly on receipt of medical certificates. A schedule showing periods of payment and dates of issue of cheques will be sent to the person concerned.

A claim to disablement benefit has also been received from this client. Arrangements have been made to have him medically examined on 5 February 1991 in connection with this claim. This claim will be further reviewed when the results of the medical examination are to hand.

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