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Dáil Éireann díospóireacht -
Wednesday, 11 Dec 1991

Vol. 414 No. 5

Written Answers. - Means Assessment for Unemployment Assistance.

Brendan McGahon

Ceist:

74 Mr. McGahon asked the Minister for Social Welfare the reason a person (details supplied) in County Louth is being assessed for unemployment assistance purposes to such an extent that payments received effectively put the family beneath the minimum supplementary welfare allowance rate.

The person concerned applied for unemployment assistance on 28 June 1991. Her claim was investigated and under the terms of the legislation governing the scheme a deciding officer assessed means against her of half the weekly value of her husband's pension.

Under the terms of the scheme, as her husband's income is over £55 per week, she is not entitled to an adult dependant's allowance in respect of him and she is entitled to only half the appropriate child dependant allowances. This means that the maximum rate appropriate to her and her children is £68 a week less half the value of her husband's pension which leaves her entitled to payment of unemployment assistance at the weekly rate of £34.80.

The position with regard to the combined entitlements of the person concerned and her husband who had previously been entitled to disability benefit is being reviewed at present and it is likely that an improved overall entitlement position can be authorised for the June to September period. I will communicate with the Deputy shortly on this matter.

If her income is not sufficient to meet her needs, the person concerned should apply to her local community welfare officer for supplementary welfare allowance.

Brendan McGahon

Ceist:

75 Mr. McGahon asked the Minister for Social Welfare the reason a person (details supplied) in County Louth is being assessed for unemployment assistance purposes on a disability pension received from the Army for a wound received in active service.

Brendan McGahon

Ceist:

76 Mr. McGahon asked the Minister for Social Welfare the reason an overpayment of £16,099.98 has been assessed against a person (details supplied) in County Louth in the absence of a proper and detailed assessment of the facts.

It is proposed to take Questions Nos. 75 and 76 together.

In assessing means for unemployment assistance purposes, the Social Welfare Acts provide that a disability pension under the Army Pension Act must be assessed as means except in so far as such amount does not exceed £80 per annum.

When the person concerned applied for unemployment assistance in 1984 his means were assessed as nil. He was subsequently awarded an Army disability pension retrospectively to 1982 and this pension was first paid in 1985. He was paid unemployment assistance at the maximum rate applicable in his case to 16 March 1991.

In January 1991 it came to notice that he had been awarded an Army disability pension from the Department of Defence from September 1982. As a result of a review of his means he was assessed with weekly means of £66.40 from the date of his original claim on 29 August 1984. This assessment was based on the information received from the Department of Defence. However, due to a misreading of the Department of Defence communication it was assumed that the Army disability pension was in payment from September 1982 and the person concerned was assessed with an overpayment of unemployment assistance amounting to £16,099.98 in respect of the period 1984 to 1991.

It has now been confirmed that the person concerned received his first Army disability pension payment in April 1985 retrospective to 1982. There is a general obligation on all claimants to notify my Department of any material change in their circumstances. Accordingly, under a strict interpretation of the legislation, a substantial overpayment seems to have occurred and to be repayable. It is accepted, however, that the claimant did not make any false or misleading statement at the time of his application and I am having the case re-examined to see what latitude can be applied in the very special circumstances of this case.
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