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Dáil Éireann díospóireacht -
Wednesday, 30 Oct 1991

Vol. 411 No. 7

Written Answers. - Social Welfare Benefits.

Eamon Gilmore

Ceist:

139 Mr. Gilmore asked the Minister for Social Welfare the reasons a person employed on a three day week is entitled to claim unemployment benefit, including pay-related unemployment benefit, for three days per week while a person who is put on short-time working of three days per week is only entitled to claim basic social welfare benefits for two days per week.

Short-time working usually takes the form of a short working week i.e. employees working either two or three days a week on a systematic basis for usually pre-determined periods of time. The incidence of this type of working arrangement increased dramatically during the eighties.

In 1983 the unemployment benefit entitlements of systematic short-time workers were restricted. The legislation provided that the entitlement of such workers would be limited so that the total number of days on which unemployment benefit is payable and the number of days worked would not exceed five — as opposed to six which is the normal benefit week. The amount of benefit payable for each day of unemployment is at one-fifth the weekly rate — as opposed to one-sixth — and pay-related benefit is not payable.
Those restrictions were introduced following an examination which showed that the workers concerned generally received more by way of take home pay and unemployment and pay-related benefit than if they were working full time. In addition, there was evidence that some workers were unwilling to return to full-time working when the need for short-time working had passed, giving rise to very lengthy periods of short-time working, and that in some instances short-time workers were working overtime on the days they were employed.

Bernard Allen

Ceist:

140 Mr. Allen asked the Minister for Social Welfare his views on whether it is reasonable that a person (details supplied) in County Cork should be cut off disability benefit especially in view of the long process which had to be gone through in his previous appeal and the inconvenience caused to him at the time as set out in Parliamentary Questions Nos. 99 and 100 dated 14 May 1991; if he will now intercede personally in order to ensure that this person is no longer inconvenienced; if he will reassure both Deputy Bernard Allen and the person in question that he is not being treated unfairly because of the complaints made by Deputy Allen in May 1991.

The person concerned claimed disability benefit from March 1989. In July 1990, payment was disallowed following examination by a medical referee. Subsequently there were further medical examinations, including an independent medical consultant examination which was arranged by the independent social welfare appeals office at the request of the chief appeals officer.

On receipt of the consultant's report, an appeals officer's decision, made in November 1990, which confirmed the original disallowance, was reversed. Both appeals hearings were oral, that is, the person was given the opportunity to state his case directly to the appeals officer.

The new appeals decision meant that benefit was restored with effect from July 1990.

Following the favourable outcome of the second appeal, the person concerned applied for invalidity pension. The Deputy made representations in support of this application. I wish to make it absolutely clear that the Deputy's representations did not adversely influence the subsequent course of events. The person concerned was called for a medical examination in connection with the invalidity pension application. A new aspect had to be considered, viz was the person likely to remain permanently incapable of work.

The medical referee indicated that the person concerned was not likely to remain incapable of work. His findings also indicated that the person was, in his opinion, fit for work. It was believed by the deciding officer that the medical examination, which occurred some time after the appeals hearing, should take precedence over the ruling in May.

Following receipt of the Deputy's question I have had the case re-examined. An appeals officer will be asked to review the latest findings to assess whether he might wish to revise his findings made in May of this year. I am glad to say that in the interim benefit will be restored.

I am satisfied that the actions taken were in good faith and that they were not influenced by any unfair motive. There is a difficult point at issue in this type of case. Clearly appeals officers decisions are binding on deciding officers but the possibility that a person's medical condition can improve over time must also be admitted as an aspect that deciding officers must take into account.
Having reconsidered the decision, however, a deciding officer has concluded that the interval between the hearing and the subsequent medical review was too short having regard to the special circumstances of this case. This revised view allows the payments to be restored and to continue at least until the appeals officer reviews the case.
The decision in relation to the invalidity pension application will also be reviewed by the independent social welfare appeals office.

Austin Deasy

Ceist:

141 Mr. Deasy asked the Minister for Social Welfare if he will grant an increase in disablement pension to a person (details supplied) in County Waterford in view of the fact that he has submitted new medical evidence of his increased disability.

The person concerned is in receipt of disablement benefit under the occupational injuries scheme since 4 October 1968 in respect of an accident at work. He is being paid disablement benefit at present at the rate appropriate to an assessment of 30 per cent disablement.

Under the conditions of the scheme an assessment of disablement may only be reviewed in the light of medical evidence indicating a deterioration in the medical condition of the claimant resulting from the accident.

In this connection, medical evidence was received recently from the claimant. The evidence was considered but it was not considered to warrant a review of the decision awarding benefit at the rate of 30 per cent.

The person concerned is also in receipt of old age contributory pension.

Paul McGrath

Ceist:

142 Mr. McGrath asked the Minister for Social Welfare the number of pensioners living alone in County Westmeath who are in receipt of the old age or widows non-contributory pensions at the full rate.

There are currently 2,440 people in receipt of an old age non-contributory pension and 490 people in receipt of a widow's non-contributory pension in County Westmeath.

Information is not kept in a manner which permits the number living alone and in receipt of a full rate pension to be established on a county basis. However, it is estimated that nationally some 22 per cent of old age non-contributory pension and 33 per cent of widow's non-contributory pension recipients live alone. Additionally, some 68 per cent of all old age non-contributory pension and 65 per cent of all widow's non-contributory pension recipients are in receipt of their pension at the full rate.

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