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Dáil Éireann díospóireacht -
Wednesday, 6 Oct 1993

Vol. 434 No. 2

Written Answers. - Social Welfare Benefits.

Thomas P. Broughan

Ceist:

150 Mr. Broughan asked the Minister for Social Welfare if, in view of the exceptional needs and circumstances of a person (details supplied) in Dublin 13, payments for large household bills should be made by the Community Welfare Officer at Kilbarrack Health Centre to this family.

Under the provisions of the supplementary welfare allowance scheme, the determination of applications for assistance is a matter for each health board.

It is understood from the Eastern Health Board, which is responsible for the administration of the scheme in the Dublin area, that exceptional needs payments totalling £380 were made to the person in question in December 1992 including £100 in respect of electricity bills.

The person applied for further assistance with her electricity bills in mid-1993. However, the application was refused as her case was considered not to be exceptional. The Eastern Health Board has advised that an appeal has not been received.

Thomas P. Broughan

Ceist:

151 Mr. Broughan asked the Minister for Social Welfare if, in view of the severe disablement of a person (details supplied) in Dublin 17, he will grant a free telephone rental allowance to this person.

To be eligible for a free telephone rental allowance, a person must be in receipt of a qualifying payment from my Department or a health board. In addition, he must reside either entirely alone or only with certain excepted categories of people. These excepted categories mainly comprise any children under 15 years of age and/or other people in the household who are so permanently incapacitated as to be unable to summon help in an emergency.

The person concerned applied for a free telephone rental allowance in November 1992. His household consists of himself and his spouse. The spouse is currently in receipt of a carer's allowance as she is providing her husband with constant care and attention. Carer's allowance is only awarded to a person by my Department on the basis that the carer is fully capable of caring for the pensioner. It is reasonable to expect that the carer should be capable of summoning assistance in an emergency.
So long as the carer's allowance remains in payment to the spouse of the person concerned, I regret that he will not be eligible for a free telephone rental allowance. If his or his spouse's circumstances change in the future, my Department will reassess his entitlement to a free telephone rental allowance then.

Bernard J. Durkan

Ceist:

152 Mr. Durkan asked the Minister for Social Welfare if disability benefit, unemployment benefit or other benefit is payable to a person (details supplied) in County Kildare; and if he will make a statement on the matter.

According to the records of my Department, the person concerned has not had any PRSI contributions which are reckonable for disability benefit or unemployment benefit since 1984-85. Accordingly, he is not qualified for these benefits. He is not entitled to invalidity pension for essentially the same reasons and he was notified of this in July 1993.

He paid Self-Employment PRSI contributions for the year 1988-89 but has not paid contributions since that time. In any event, self-employment contributions do not confer entitlement to short term benefits or to invalidity pension. There are no other insurance based benefits that he could be entitled to at present.

If he is capable of work he may be entitled to unemployment assistance if his income from self-employment is below the statutory level for a person in his circumstances.

The wife of the person concerned is however, currently receiving supplementary welfare allowance amounting to £129.50 per week from her local health board which includes an allowance in respect of him. I understand also that the health board is examining his possible entitlement to disabled persons maintenance allowance.

If he were employed in another country between 1989 and to date he may have some entitlement under EC regulations or under one of the bilateral agreements on social security which is now in operation between this country and Australia, Austria, Canada, New Zealand and the United States. If he were working abroad he should furnish details to my Department and his entitlement will be examined.

Bernard J. Durkan

Ceist:

153 Mr. Durkan asked the Minister for Social Welfare when unemployment assistance or unemployment benefit will be paid to a person (details supplied) in County Kildare; and if he will make a statement on the matter.

Bernard J. Durkan

Ceist:

156 Mr. Durkan asked the Minister for Social Welfare the reason a person (details supplied) in County Kildare has been disallowed unemployment assistance; whether he qualifies for unemployment benefit; and if he will make a statement on the matter.

Bernard J. Durkan

Ceist:

159 Mr. Durkan asked the Minister for Social Welfare when unemployment assistance will be restored to a person (details supplied) in County Kildare; and if he will make a statement on the matter with reference also to his eligibility for unemployment benefit.

It is proposed to take Questions Nos. 153, 156 and 159 together.

The person concerned was in receipt of unemployment assistance to 6 July 1993 on the basis that his means, as assessed under the Social Welfare Acts, were nil.

Following a review the unemployment assistance claim of the person concerned payment was disallowed on the grounds that he had failed to satisfy the deciding officer that he had disclosed his means fully, as required under the Social Welfare Acts, and that he did not have some other source or sources of income. He had the right of appeal against this decision. A form for this purpose was issued to him on 7 July 1993 but it was not returned.

Inquiries are still ongoing to establish whether Mr. O'Connor is entitled to payment of unemployment benefit. He has been requested to furnish details of his employment in the 1988-89 tax year as he may be entitled to unemployment benefit from 1990. He has not yet furnished the details required.

Bernard J. Durkan

Ceist:

154 Mr. Durkan asked the Minister for Social Welfare the reason a person (details supplied) in County Kildare has been deemed 40 per cent incapable of work in respect of a claim for disablement benefit in view of the fact that his surgeon confirms that he is at least 90 per cent incapable of work and in fact cannot ever return to work; and if he will make a statement on the matter.

The person concerned is in receipt of disablement benefit under the occupational injuries scheme since 14 July 1989. He is also in receipt of invalidity pension at the rate of £143.50 a week.

Disablement benefit is payable in respect of the claimant's assessed loss of faculty, either physical and mental, resulting from an accident at work or a prescribed occupational disease. Disablement benefit is assessed in accordance with detailed rules set out in legislation. The rate of benefit in each case is determined following an examination by a medical referee. In reaching a finding, the medical referee has regard to permanent loss of faculty or disfigurement by reference to the normal standard for a healthy person of the same age and sex. A person could be deemed capable of work and still receive disablement benefit. Conversely, a person might not be severely disabled in a permanent sense but could be unfit for work. For example, a broken arm might not result in any permanent disablement but would typically render the person incapable of work until it had healed.

In the case in point, medical referees have established two separate issues. Firstly, the person is unfit for work and is likely to remain so. Secondly, it has been found that he suffers from a disablement directly connected with an accident at work in 1986. The degree of disablement has been assessed at 35 per cent. This has been rounded up to 40 per cent and results in a disablement pension of £32.40 a week at present. If the person concerned is not satisfied with the decision, it is open to him to submit an appeal to the independent social welfare appeals office.

Bernard J. Durkan

Ceist:

155 Mr. Durkan asked the Minister for Social Welfare when the result of an appeal against disablement decision in respect of a person (details supplied) in County Kildare will be given; and if he will make a statement on the matter.

Bernard J. Durkan

Ceist:

157 Mr. Durkan asked the Minister for Social Welfare whether he has satisfied himself that a person (details supplied) in County Kildare, who has been deemed 40 per cent disabled, is being treated fairly in respect of disablement benefit; and if he will make a statement on the matter.

It is proposed to take Questions Nos. 155 and 157 together.

The person concerned has been in receipt of disablement pension since 1985. Her rate of payment has varied over the years. She is currently being paid at the rate appropriate to an assessment of 35 per cent, rounded to 40 per cent for payment purposes.

On 3 June last when the Deputy raised her case by way of Adjournment Motion, I told him that I was satisfied that the case had been dealt with properly and fairly. However, I urged him to inform her to appeal the case if she was not satisfied with this level of assessment. The further representations which the Deputy made in the case in July were accepted as notice of intention to appeal against the decision and the case was referred to the independent social welfare appeals office for consideration. The appeals officer proposes to hold an oral hearing of the appeal and this will be held on Wednesday, 20 October 1993. The person concerned will be notified within the next few days of the detailed arrangements for the appeal hearing.
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