Dáil Éireann díospóireacht -
Thursday, 25 Nov 1999

Vol. 511 No. 5

Written Answers. - Social Welfare Benefits.

Bernard J. Durkan

Ceist:

82 Mr. Durkan asked the Minister for Social, Community and Family Affairs the reason invalidity pension has been terminated in the case of a person (details supplied) in County Kildare in view of the fact he complied with the conditions of rule 4 and the National Rehabilitation Board; if the decision will be reversed; and if he will make a statement on the matter. [24822/99]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

The person concerned was awarded an invalidity pension in 1992 and is currently in receipt of the maximum rate of £75.20 per week. In September 1998 it came to attention that he was employed on a community employment scheme while continuing to claim his pension. Following further investigation it was established that he had been employed since 23 March 1998.

The rules of behaviour for receipt of invalidity pension require that a person refrains from working. However, exemption from this rule can be granted in certain circumstances, including situations where application is made by the National Rehabilitation Board on behalf of persons engaged in employment which they deem to be of a rehabilitative nature. Such exemption must be sought prior to commencement of the employment.

An application for exemption from the rules of behaviour was received in my Department in October 1998, over six months from the date the person commenced employment. This application was refused. A deciding officer subsequently made a revised decision disallowing entitlement to invalidity pension for days of employment during the period 23 March 1998 to 26 January 1999. The effect of this decision was to create an overpayment of £2,163.50.

The person concerned appealed the decision to the social welfare appeals office and an oral hearing of his case was held on 24 November 1999. As soon as the appeals officer has assessed the evidence a determination will be made and the person will be notified of the outcome.