Dáil Éireann díospóireacht -
Tuesday, 19 Nov 2002

Vol. 557 No. 4

Written Answers. - Social Welfare Benefits.

Róisín Shortall

Ceist:

491 Ms Shortall asked the Minister for Social and Family Affairs if she will review the qualifying conditions for living alone allowance to address the anomaly whereby persons on private incomes, similar to social welfare payments, may not in some cases currently qualify for the allowance, similar to a person (details supplied) in Dublin 9; her views on whether this condition means persons on much higher incomes may qualify for the allowance when those on much lower incomes do not; and if she will amend the Social Welfare Act to eradicate this anomaly. [22386/02]

Minister for Social and Family Affairs (Mary Coughlan)

The living alone allowance is an additional payment of €7.70 per week which is paid to people in receipt of certain social welfare payments and who reside alone. Those covered include old age pensioners and also recipients of disability payments aged under 66 years. The living alone allowance is not a payment which is made in its own right, with its own set of qualifying conditions. Rather, it is an integral part of the relevant social welfare payment. As it is paid as a supplement to the basic rate of social welfare payment, it operates in the same way as increases for qualified adults and children. In the circumstances, the living alone allowance is not payable to people who do not have a social welfare entitlement or whose pension payments are made under the social security regimes of other countries.

The only way in which a person in the circumstances outlined would qualify for living alone allowance would be if her or his income were below the threshold for entitlement to a social assistance payment such as, in this case, disability allowance, which would include a living alone allowance. Based on his present level of pension, equivalent to €133, the person concerned is above the income limit for entitlement to disability allowance.

Róisín Shortall

Ceist:

492 Ms Shortall asked the Minister for Social and Family Affairs the reason such varying degrees of disablement have been assessed in the case of a person (details supplied) in Dublin 9, when this person's medical condition has not altered a great deal; her views on whether it is a satisfactory process that this person must go through several applications and appeals to determine their entitlement; the figures or estimates on the approximate percentage of decisions on disablement benefit applications which are successfully appealed as anecdotally the percentage would appear quite high; if she will review the handling of such cases as the current process is over-bureaucratic and unsatisfactory from the applicant's and an administrative point of view; and if she will make a statement on the matter. [22563/02]

Minister for Social and Family Affairs (Mary Coughlan)

My Department's medical assessors examine recipients of all illness payments to ensure they fulfil the medical conditions for the receipt of these payments. An insured person who is injured at work or who contracts a prescribed occupational disease may be entitled to benefits under the occupational injuries scheme. One of these benefits is disablement benefit in respect of which claimants must be examined to determine the degree of disablement that has resulted from the occupational injury or disease. The person concerned has been in receipt of disablement benefit following an occupational accident sustained in February 2000 in which she sustained a left forearm fracture. This required operative intervention and the initial disablement assessment of 30%, reflected the situation in the immediate post-operative period.

A subsequent award of 20% reflected the improvement which occurred and which would have been reasonably expected in the light of the expert treatment received. An appeal was lodged with the social welfare appeals office against the decision to reduce the degree of disablement award to 20% and an oral hearing took place on 10 July 2002 when an appeals officer decided that the loss of faculty should be increased to 30%. The person was again reviewed in September 2002 when the degree of disablement was assessed at 10% for life which again reflected further improvement. This has now been referred to the social welfare appeals office. In 2001 there were 563 appeals against disablement awards, of which 271, 48.1%, were allowed and 102, 18.1%, were partially allowed. In 2002 to date, 394 appeals were received, of which 185, 47%, were allowed and 92, 23.4%, partially allowed.

The nature of the disablement benefit scheme and the circumstances which give rise to claims for benefit are such that reviews of assessment are an inevitable feature of the scheme. Changes to the scheme to streamline would have to take account of this and it is important that claimants would have the right to question or appeal any award made. My Department will continue to keep the scheme under review to ensure that any changes which can be made for the benefit of claimants are taken on board.

Mary Wallace

Ceist:

493 Ms M. Wallace asked the Minister for Social and Family Affairs if, in the discussions leading to the forthcoming budget, her Department will review the position with regard to carers when they come to the end of the carers' benefit scheme and find themselves means tested for carer's allowance. [22639/02]

Minister for Social and Family Affairs (Mary Coughlan)

The carer's benefit scheme is intended to support people who must leave the workforce temporarily to care for someone who is in need of full-time care and attention. This is a weekly income support payment which is based on PRSI contributions paid by the carer. The maximum duration of the carer's benefit scheme is set at 65 weeks as it is considered that employers would experience difficulties in preserving employee's rights for a longer period. However, it is important to note that each care recipient may receive a total of 65 weeks care. This may be claimed as a single continuous period or in separate time periods. In the event of a person's carer's benefit expiring and the need for income support still existing, the carer may apply for carer's allowance. The carer's allowance is a social assistance payment which provides income support to carers on low incomes who look after people in need of full-time care and attention. As with all other social assistance schemes, a means test in which the income of both the applicant and his or her partner is assessed applies. The means test has been improved significantly in the past few years, most notably with the introduction of disregards of income from employment and other sources. Provision was made in the 2002 budget to increase the weekly income disregards to €191 for a single person and to €382 for a couple from April 2002. These disregards ensure that a couple with two children, earning a joint income in the region of €22,617, will qualify for the maximum rate of carer's allowance, or they can earn up to €36,364 and still qualify for the minimum carer's allowance, plus the free schemes and respite care grant.

The person concerned was assessed with weekly means of €117.92 which entitles her to a carer's allowance of €10.10, with an additional allowance in respect of two qualified children, giving a total payment of €26.90. She also receives the annual respite care grant and the full range of free schemes. Her weekly means were derived from her spouse's earnings of €34,881 per annum. The question of further improvements in the carer's allowance and carer's benefit scheme is a matter for consideration in a budgetary context.

Mary Wallace

Ceist:

494 Ms M. Wallace asked the Minister for Social and Family Affairs the way in which a person (details supplied) would qualify for carer's allowance and fail to qualify for the back-to-school allowance due to differing means tests being applied to both schemes, both of which are under the aegis of her Department. [22640/02]

Minister for Social and Family Affairs (Mary Coughlan)

The purpose of the back-to-school clothing and footwear scheme is to assist families on low incomes who would otherwise face hardship if they had to meet the full cost of children's school uniforms and footwear. The scheme is specifically targeted at families on low incomes. In the case of a couple with two children, the income limit is €334 per week. The purpose of the carer's allowance is to provide income support to full time carers below certain income levels. It recognises and supports the valuable role of these carers in keeping older people and people with disabilities in the community. For this reason, the carer's allowance is not targeted solely at people on low incomes who might otherwise face financial hardship. For example, in cases where the person being cared for lives with a couple, €382 per week is disregarded in full in the means test for the carer's allowance. In the case of a couple with two children, a family can have a gross income of more than double the income limit for the back-to-school clothing and footwear scheme and still qualify for the carer's allowance.

In the case referred to by the Deputy, the income of the family concerned is €288 per week, over the relevant limit for the back-to-school clothing and footwear allowance. The carer's allowance and back-to-school clothing and footwear allowance have different objectives and consequently, they are governed by two different means tests. For this reason, a person who satisfies the qualification criteria for one does not automatically qualify for a payment under the other.

John McGuinness

Ceist:

495 Mr. McGuinness asked the Minister for Social and Family Affairs if an exceptional needs payment will be arranged for a person (details supplied) in County Kilkenny; and if the voucher for grocery items at a value of ?47.50 will be topped up to equal this person's full benefit payment. [22641/02]

Minister for Social and Family Affairs (Mary Coughlan)

Exceptional needs payments, which can be made by health boards under the terms of the supplementary welfare allowance scheme, are subject to a means test. Eligible people would normally be in receipt of a social welfare or health board payment. Entitlement to an exceptional needs payment under the supplementary welfare allowance scheme is a matter for the local health board which administers the scheme. The South-Eastern Health Board has advised that a payment was made to the person concerned following the loss of her purse. The board has further advised that it is satisfied that the assistance provided was appropriate to the circumstances of the case.