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Dáil Éireann díospóireacht -
Tuesday, 3 Mar 1998

Vol. 488 No. 1

Written Answers - Social Welfare Benefits.

Michael Ring

Ceist:

218 Mr. Ring asked the Minister for Social, Community and Family Affairs when a person (details supplied) in County Mayo will receive assistance towards burial costs from the Western Health Board in view of his financial circumstances. [5471/98]

The person referred to by the Deputy recently suffered two family bereavements. He received two full rate death grants of £100 each from my Department. In addition, on 19 February he was awarded a total exceptional need payment of £800 under the supplementary welfare allowance scheme by the Western Health Board towards the burial costs of both relatives. The exceptional need payment of £800 was the contribution the Western Health Board considered appropriate for the basic cost of both funerals, taking into account all the circumstances.

If the person concerned is unhappy with the amount of the exceptional need payment awarded, it is open to him to appeal by writing to the Appeals Officer in the Western Health Board.

Michael Ring

Ceist:

219 Mr. Ring asked the Minister for Social, Community and Family Affairs if he will intervene with the Western Health Board to ensure that a person (details supplied) in County Mayo can be assisted and approved for mortgage interest supplement. [5488/98]

The supplementary welfare allowance scheme provides for a weekly or monthly supplement to be paid in respect of rent or mortgage interest payments to any person in the State whose means are insufficient to meet their needs. The SWA scheme is administered by the eight regional health boards and my Department has no function in deciding entitlement in individual cases.

The purpose of the mortgage interest supplement scheme is to assist eligible persons who are unable to meet their mortgage repayments in respect of a house which is their sole place of residence.

Entitlement to a mortgage interest supplement is determined by the health boards and supplements are normally calculated to ensure that the person has an income equal to the rate of SWA appropriate to the family circumstances, less £6. This £6 represents the minimum contribution which applicants are required to pay from their own resources.

In order to qualify for mortgage interest supplement, the claimant must satisfy all the general conditions of entitlement to SWA as set out in the Social Welfare (Consolidation) Act, 1993 and prescribed regulations S.I. No. 382, 1995.

The Western Health Board was contacted on behalf of the person concerned and the board has advised that she does not qualify for a mortgage interest supplement as the household means exceed the statutory limit. The case was appealed to the WHB appeals officer who upheld the decision.

Michael Ring

Ceist:

220 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in County Mayo had his unemployment assistance reduced by £15. [5356/98]

Following a recent review of his entitlements, a deciding officer assessed the weekly means of the person concerned at £86 from 4 February 1998, derived from income from a holding and benefit from his spouse's British pension. This assessment reduced his weekly unemployment assistance entitlement from £39.50 to £25.50.

It has since come to light that a further prorata pension being paid to his spouse must also be taken into account.
Where one of a couple is entitled to pension and the other is entitled to unemployment assistance, the total amount payable to the couple is the maximum amount that either would get if claiming for the other as an adult dependant.
In this case, the maximum amount payable to the couple is £45.60, which given the spouse's rate of pension of £27.80, entitles the person concerned to a payment of £17.80. A revised deciding officer's decision, based on this assessment, issued to him on 2 March 1998.
It is open to the person concerned, if he so desires, to appeal this decision to the independent Social Wefare Appeals Office. A form for this purpose may be obtained from his local office in Belmullet.

Bernard Allen

Ceist:

221 Mr. Allen asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in County Cork has been refused supplementary welfare allowance which would enable him to participate in a third level study course in the University of Central Lancashire, Preston, England, in view of the fact that he was allowed participate in the back to education allowance scheme and third level option in September 1997 but had to terminate the course because of insufficient income due to the refusal of the Southern Health Board to grant him a rent allowance to supplement his back to education allowance. [5506/98]

Section 172 of the Social Welfare (Consolidation) Act, 1993, excludes persons in full-time education from receiving assistance under the supplementary welfare allowance scheme. However, under Article 6 of the Social Welfare (Consolidated Supplementary Allowance) Regulations of 1995 and 1996, participants on vocational training opportunities schemes, third level allowance, second level certificate courses and part-time education schemes are exempted from this exclusion.

Under the supplementary welfare allowance (SWA) scheme, a weekly supplement may be paid to people in receipt of social welfare or health board payments, including those participating in the third level allowance scheme. Article 32 of S.I. 382 of 1995 excludes from entitlement to supplementary welfare allowance any person who is resident outside the State whether temporarily or permanently.

The person in question was informed by the Southern Health Board prior to Christmas that he is not entitled to a rent supplement for any period he is studying abroad as the legislation precludes the payment of SWA to any person resident outside the State.

The person referred to by the Deputy is currently residing in Ireland, participating in a third level allowance scheme and is in receipt of a third level allowance and rent supplement.

Bernard Allen

Ceist:

222 Mr. Allen asked the Minister for Social, Community and Family Affairs if he will alter article 32 of the Supplementary Welfare Allowance Regulations, 1995, which disqualifies persons from receiving supplementary welfare allowance while resident, either temporarily or permanently, outside the State, in view of the fact that this article prevents applicants for supplementary welfare allowance from seeking assistance for the provision of rent allowance while they are pursuing a course of third level study outside of Ireland. [5507/98]

Section 172 of the Social Welfare (Consolidation) Act, 1993, excludes persons in full-time education from receiving assistance under the supplementary welfare allowance scheme.

However, participants on third level allowance schemes, are exempted from this but can only qualify for a rent supplement while resident in Ireland.

Article 32 of S.I. 382 of 1995 excludes from entitlement to supplementary welfare allowance anyone who is resident outside the State, whether temporarily or permanently. Third level allowance students resident outside the State cannot therefore qualify for a rent supplement.

I have no plans to alter the residency conditions set out in the regulations.

Ivan Yates

Ceist:

223 Mr. Yates asked the Minister for Social, Community and Family Affairs if employee and employer PRSI contributions for employment in Canada are reckonable in the assessment for an Irish contributory old age pension based on any relevant treaty or agreement between the two States; and, if so, if he will clarify the terms of the agreement and eligibility in this regard. [5618/98]

A bilateral social security agreement between Ireland and Canada came into force on 1 January 1992.

The main purpose of the agreement is to protect the pension rights of people who have worked in Ireland and who have worked or resided in Canada.

The payments covered by the agreement, in Ireland, are old age contributory pension, retirement pension, widows and widowers contributory pension, invalidity pension, orphan's contributory allowance and death grant.

Where a person fails to satisfy the contribution conditions for these payments based on his/her Irish insurance record alone, the agreement allows for social security contributions and/or periods of residence in Canada to be taken into consideration in the qualification for the Irish benefits listed above. A similar arrangement exists in relation to entitlement to Canadian pensions.
For instance, if a person has worked in Ireland and paid social insurance contributions (a minimum of 52 social insurance contributions must be paid or credited) and satisfies the minimum Canadian social insurance conditions s/he may qualify for an Irish pension based solely on their contributions paid/credited in Ireland; and/or a Canadian pension based solely on contributions and/or periods of residence in Canada; or if s/he does not have enough contributions paid in Ireland or sufficient contributions and/or periods of residence in Canada, s/he may qualify for a proportional Irish or Canadian pension, or both, based on a combination of Irish PRSI contributions and Canadian contributions and/or periods of residence.
The agreement also allows workers who are sent by their Irish employer to work in Canada, for short periods, to remain in the Irish social insurance system, thereby being exempt from double payment of social security contributions.
Recipients of Irish and/or Canadian social security pensions, who reside in Ireland, may be entitled to the free schemes available under the Irish social welfare system, subject to satisfying the relevant qualifying conditions.
There is also a bilateral social security understanding between Ireland and Québec containing similar protection of pension rights of workers who have worked in both Ireland and Québec and exemption from double payment of social insurance contributions. Entitlement to the free schemes under our national social welfare system also extends to those who reside in Ireland, satisfy the relevant conditions and are in receipt of a payment under the bilateral understanding between Ireland and Québec.
If the Deputy has a particular case in mind that he would like clarified, I will have it examined if he lets me have the details.

Michael Ring

Ceist:

224 Mr. Ring asked the Minister for Social, Community and Family Affairs when an appeal for a person (details supplied) in County Mayo in relation to his old age pension will be heard. [5622/98]

The person concerned applied for an old age (non-contributory) pension on 16 June 1997. He was disallowed on the basis that his means exceed the statutory limit. He appealed this decision to the independent social welfare appeals office and arrangements are being made to hold an oral hearing of the appeal as soon as possible. As soon as these are finalised the person concerned will be notified of the date and venue.

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