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Dáil Éireann díospóireacht -
Wednesday, 29 Mar 1995

Vol. 451 No. 3

Written Answers. - Social Welfare Benefits.

Tony Gregory

Ceist:

67 Mr. Gregory asked the Minister for Social Welfare if he will have arrangements made for an oral hearing for a person (details supplied) in Dublin 3 whose unemployment assistance was terminated in view of his wife's street trading and in view of the fact that subsequently he was refused maintenance by the District Court on the basis of his wife's inability to pay; and if he will also have arrangements made for interim welfare payments to this person who has no other income. [6633/95]

The person concerned was in receipt of unemployment assistance from August 1985 to 18 May 1994. Following investigation of his case, a deciding officer assessed him with means of £144 per week from that date, derived from the benefit of his wife's earnings from self employment. This assessment exceeded the maximum weekly rate payable in his case and, accordingly, payment ceased from 18 May 1994.

This decision was subsequently appealed by the person concerned and his means were reduced to £130 per week from 18 May 1994. However, this decision given by the appeals officer on 12 October 1994 did not entitle him to any payment as his means still exceeded the rate applicable in his case.

The person concerned reapplied for unemployment assistance on 20 December 1994 and a deciding officer assessed him with means of £130 from that date. The means are again derived from the benefit of his wife's earnings from self-employment. As the means exceed the maximum weekly rate payable in his case, he is not entitled to payment of unemployment assistance.

It is open to the person concerned to appeal against this decision to the independent social welfare appeals office. A form for this purpose can be obtained from his local office. It is at the discretion of the social welfare appeals officer whether the person concerned should be granted an oral hearing or not.
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