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Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Social Welfare Benefits.

Alan Shatter

Ceist:

765 Mr. Shatter asked the Minister for Social, Community and Family Affairs if he will amend the law applicable to child benefit in order to provide a special twins child benefit to adoptive parents who have in their care children adopted by them who are practically the same age; the consideration he has given to representations regarding this matter received from persons (details supplied) in Dublin 14; and if he will make a statement on the matter. [21112/01]

Provision is made, in the Social Welfare Act, 1998, for the payment of child benefit at 150% of the normal rate in the case of twins. The legislation is quite specific in defining those children in respect of whom the higher payments will be paid: "a qualified child whose birth was part of a multiple birth of two children." In considering any legislative change, it would be necessary to have equal regard to a range of other situations which would be directly comparable to that of a family with adopted children of similar ages.

By way of illustration, the following two cases can be analysed. In the case of a family which adopts a child of a similar age to a child born to the mother, although the family is caring for two children of similar age they would not qualify for the increased child benefit rate. In the case of a family which takes on the responsibility for rearing the child of a relation who has died or is too ill to care for the child, while the child may be of a similar age to one of the family's own children, they would not qualify for the increased child benefit rate.
The Deputy will appreciate that it is be extremely difficult to provide in legislation for the very wide range of circumstances which can arise. It is also difficult to justify any specific limitation, for example, that the children concerned would have to have been born within, say, one month of one another. Such a limitation could be viewed as being entirely arbitrary. A family with adopted children born six weeks apart could reasonably contend that their position is no different in reality to that of the family which would benefit from the one month limit. This argument would apply equally to any other limitation which might be applied.
Since this Government came into office, it has steadily increased expenditure on the child benefit scheme over successive budgets, culminating in the three year investment programme contained in the 2001 budget. As a first step, the increases delivered in June raised child benefit substantially by £25 per month for the first two children and £30 per month for the third and subsequent children. In the next two years, similar increases will bring investment in the scheme up to a total of some £1.5 billion per year by 2003, reflecting the seriousness of the Government's commitment to support families with children. Further extension of the scheme along the lines proposed is a matter for consideration in a budgetary context, having regard to available resources and Government and programme commitments.

Michael Ring

Ceist:

766 Mr. Ring asked the Minister for Social, Community and Family Affairs when the application of a person (details supplied) in County Mayo for a non-contributory old age pension will be approved; and if this person will qualify for an old age contributory pension. [21124/01]

The person concerned applied for a means tested old age non-contributory pension in March 2001. In order to establish his means, he was requested by a local officer of the Department to provide details of his farm income. When he failed to do so, his application for a pension was disallowed. He was notified of this decision and of his right of appeal against it.

In June 2001, he applied for an old age contributory pension. One of the conditions for receipt of this pension is that the claimant must have a yearly average of at least ten social insurance contributions paid or credited from 1953, or the date of entry into insurable employment, if later, to the end of the tax year prior to reaching age 66. According to the Department's records, the person concerned has a total of 70 reckonable contributions over the 48-year period from 1953 to April 2001. This gives a yearly average of 1.5 which is well below the average of ten required for a minimum pension. A letter of notification of the decision and of a right of appeal against it was issued to him on 1 October 2001. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed. I have no role in regard to making such decisions.

Michael Ring

Ceist:

767 Mr. Ring asked the Minister for Social, Community and Family Affairs when an application for carer's allowance by a person (details supplied) in County Mayo will be processed. [21125/01]

The person concerned has been awarded carer's allowance with effect from 9 August 2001 at the maximum weekly rate of £88.50. A book of payable orders issued to her nominated post office on 17 September 2001, payable with effect from 9 August 2001.

Michael Ring

Ceist:

768 Mr. Ring asked the Minister for Social, Community and Family Affairs if, under the Freedom of Information Act, 1997, all files, notes, details, letters and other information relating to the case of a person (details supplied) in County Mayo will be released to Deputy Ring. [21126/01]

Michael Ring

Ceist:

769 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a letter which was faxed to his office on 2 August 2001, marked extremely urgent and a copy of a letter sent to the Secretary General of the Department of Social, Family and Community Affairs also marked extremely urgent, remain unanswered. [21127/01]

Michael Ring

Ceist:

772 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason for the delay in processing a claim for carer's allowance by a person (details supplied) in County Mayo. [21134/01]

Michael Ring

Ceist:

773 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason it took 22 weeks before an application for carer's allowance by a person (details supplied) in County Mayo was processed. [21135/01]

Michael Ring

Ceist:

792 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason the application of a person (details supplied) in County Mayo for a carer's allowance was declined. [21521/01]

Michael Ring

Ceist:

797 Mr. Ring asked the Minister for Social, Community and Family Affairs his views on whether it is acceptable that it should take up to 22 weeks to deal with applications for the carer's allowance. [21556/01]

Michael Ring

Ceist:

805 Mr. Ring asked the Minister for Social, Community and Family Affairs when a person (details supplied) in County Mayo will receive payment of arrears of a carer's allowance. [21649/01]

I propose to take Questions Nos. 768, 769, 772, 773, 792, 797 and 805 together.

The person concerned applied for carer's allowance on 23 March 2002. Following the necessary investigations she was awarded carer's allowance at the reduced weekly rate of £18.50 plus £26.40 child dependant allowance with effect from 29 March 2001. This was increased to £76.50 per week plus £24.60 child dependant allowance with effect from 5 April 2001 as a result of improvements which were made in the 2001 budget. She was notified of this decision on 7 August 2001, including a breakdown of how her means were calculated and of her right of appeal. A book of payable orders issued to Castlebar post office payable from 2 August 2001.

On 9 August 2001, her case was referred again to an investigative officer to reassess her means as her spouse had commenced self employment. Following this investigation, she was entitled to carer's allowance of £72.50 per week plus £26.40 child dependant allowance with effect from 27 September 2001. She has been notified of this decision. Arrears of carer's allowance due from 29 March 2001 to 1 August 2001 amounting to £2,194.20 have issued to her.

On average, claims for carer's allowance are processed within 13 weeks. The additional delay in this case arose in obtaining details of the spouse's income from employment and, following his commencement of self-employment, his income from that source.

With regard to the Deputy's request under the Freedom of Information Act, 1997, for files and other information relating to this case, my Department has obtained written authority from the person concerned and also from the third party to whom the information relates in this

case and all records have been released to the Deputy.

At any one time there are a large number of applications for carer's allowance awaiting determination and my Department deals with all applications as quickly and efficiently as possible. Unless there are exceptional circumstances the Department does not give priority to any particular cases as this would mean additional delay for other claimants. Correspondence from the Deputy in relation to individual cases is also dealt with in the normal way. In this particular case I understand also that officials of my Department have been in regular contact with the Deputy's office and that he has been kept fully informed of developments.

Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed. I have no role in regard to making such decisions.

Michael Ring

Ceist:

770 Mr. Ring asked the Minister for Social, Community and Family Affairs when benefit in respect of a child dependant will be restored to a person (details supplied) in County Mayo. [21128/01]

The person concerned has been in receipt of disability benefit since August 1983. She had been receiving an increase in this benefit in respect of one child until 1 July 2001 when that child reached age 18 years.

Payment of the child dependant increase on disability benefit normally ceases when the child reaches 18 years. The only circumstances in which the increase is payable in respect of second level students aged over 18 years is during the three month period following the completion of the leaving certificate examination or in the three month period following the completion of second level education, if earlier. The person concerned is not, therefore, entitled to child dependant allowance at present.

Decisions in relation to social welfare payments are made by deciding officers and appeals officers who are statutorily appointed. I have no role in regard to making such decisions.

Michael Ring

Ceist:

771 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason an old age non-contributory pension was reduced from £86.20 to £42.20 following a review of the British pension of two persons (details supplied). [21133/01]

In determining entitlement to old age (non-contributory) pension account must be taken of all income, including UK or other pensions, for means assessment purposes. Under the Social Welfare Acts, pensioners are required to notify my Department of any change in circumstances which might affect their pension entitlement. The Department carries out periodic reviews in order to ensure that pensioners are receiving the correct rate of payment in accordance with their means.

The person concerned has been in receipt of old age (non-contributory) pension since 1991. Following a recent review of his claim it was found that his weekly means had increased to £76.91 as a result of increases in his British retirement pension and he had not notified the Department of this. His old age (non-contributory) pension is accordingly due to be revised downwards to £44.20 per week, comprised of a personal rate of £23.50 and an increase of £20.70 in respect of his spouse. The person concerned has been notified accordingly. However, as his spouse is over 66 years of age, she is entitled to claim a pension in her own right. An application form for old age (non-contributory) pension has been sent to her. In the event that the spouse is qualified to receive her own pension, then each of the couple would receive £25.50 per week or a combined weekly payment of £51.00. One of the couple would also be entitled to an additional weekly payment of £5 free fuel allowance from the start of the fuel season in October. A decision will be made on the pension entitlements of the couple concerned as soon as the spouse returns the completed application form to the Department.
Under social welfare legislation, decisions relating to claims are made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
Questions Nos. 772 and 773 answered with Question No. 768.
Question No. 774 answered with Question No. 762.

Michael Ring

Ceist:

775 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in Dublin 8 has been refused unemployment assistance. [21261/01]

Michael Ring

Ceist:

776 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in Dublin 8 was not awarded unemployment benefit. [21262/01]

Michael Ring

Ceist:

780 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in Dublin 8 did not qualify for an unemployment allowance or unemployment benefit. [21267/01]

I propose to take Questions Nos. 775, 776 and 780 together.

The person concerned claimed unemployment assistance on 3 July 2001. Following an examination of his case a deciding officer disallowed the claim on the grounds that he failed to disclose his means. In particular he failed to satisfy the Department as to his current circumstances and residency. The person concerned appealed the disallowance decision and all relevant papers were sent to the independent social welfare appeals office on 20 September 2001. The person concerned does not have sufficient contributions, paid and/or credited, in the governing contribution year (1999-2000) to qualify for payment of unemployment benefit at this time. He was asked to submit employers statements showing periods of employment in the 1999-2000 tax year with a view to reviewing his record for that year but no response has been received to date. The person concerned applied for disability benefit on 12 September 2001. He does not have sufficient contributions paid or credited to qualify for payment of disability benefit. Supplementary welfare allowance is in payment from 13 September 2001 at £78.00 per week. (£84.00 max. rate less £6.00 means).

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