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Dáil Éireann díospóireacht -
Wednesday, 22 May 1991

Vol. 408 No. 8

Written Answers. - Grant Payments.

John Ellis

Ceist:

66 Mr. Ellis asked the Minister for Social Welfare if his Department will now pay arrears of disability benefit due to a person (details supplied) in County Leitrim in view of the fact that he forwarded the necessary documentation to prove illness including the dates of his hospitalisation over the period in question; and if he will make a statement on the matter.

The person concerned was in receipt of invalidity pension from 18 July 1985 to 24 January 1990. On 28 May 1990 an appeals officer decided that, because the person concerned had been working and not observing the rules of behaviour for receipt of invalidity pension, he was not entitled to payment for the period 9 July 1988 to 24 January 1990. As a result, and overpayment amounting to £4,347 was assessed against him. In addition, the credited contributions which had been awarded to him in respect of the period 9 July 1988 to 24 January 1990 were cancelled.

He claimed disability benefit again in November 1990. His claim was incorrectly awarded as he had a total of only 14 credited contributions in respect of the 1988-1989 contribution year which governed his claim whereas he required at least 39 contributions in that year to qualify. Consequently, he did not qualify for payment of disability benefit from November 1990 onwards. A letter explaining the position issued to him on 21 February 1991. The Department did not seek recovery of the money paid in error from 30 November 1990 to 7 February 1991.
Further medical evidence has now been submitted in respect of him covering the period from 9 July 1988 onwards. This further medical evidence has no relevance for the period from 9 July 1988, to 24 January 1990, for which it was decided by an appeals officer that the person concerned was working while claiming invalidity pension. However, it is being accepted for disability benefit purposes for the period from 25 January 1990 onwards, which means that he is being awarded credited contributions for that period. This does not enable him to qualify for payment because he has still less than 39 contributions in 1988-89 and in 1989-1990. However his contribution record for 1990-91 will now be sufficient to enable him to qualify for disability benefit from the start of the new benefit year in January 1992 should he be incapable of work then.
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