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Social Welfare Benefits.

Dáil Éireann Debate, Thursday - 8 July 2004

Thursday, 8 July 2004

Ceisteanna (346, 347, 348, 349, 350, 351)

Michael Ring

Ceist:

346 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be called for an oral hearing to finalise their unemployment benefit appeal. [20865/04]

Amharc ar fhreagra

Freagraí scríofa

The person concerned applied for unemployment benefit on 13 April 2004. His claim was disallowed by the deciding officer on the grounds that he was not genuinely seeking employment.

The person appealed against this decision to the Social Welfare Appeals Office. The appeal was received in the appeals office on 14 May 2004. An appeals officer has considered the case and proposes to hold an oral hearing of the appeal week commencing 26 July 2004. The person concerned will be notified of the exact date time and venue for the proposed hearing. The person is currently in receipt of supplementary allowance pending the outcome of his appeal.

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

Michael Ring

Ceist:

347 Mr. Ring asked the Minister for Social and Family Affairs the way in which the valuation of a small piece of land is taken into account when assessing a person (details supplied) in County Mayo for the one parent family allowance. [20866/04]

Amharc ar fhreagra

Michael Ring

Ceist:

350 Mr. Ring asked the Minister for Social and Family Affairs when an appeal concerning a person (details supplied) in County Cork will be dealt with and the final recommendation issued. [20869/04]

Amharc ar fhreagra

I propose to take Questions Nos. 347 and 350 together. Payment of one parent family payment was disallowed by a deciding officer as it was decided that the person's means exceeded the statutory limit.

The person concerned appealed against this decision to the Social Welfare Appeals Office and, following an oral hearing of the appeal on 17 May 2004, the appeals officer considered that further enquiries were necessary. When these are completed the appeals officer will consider the matter further. The person is currently in receipt of family income supplement. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Ceist:

348 Mr. Ring asked the Minister for Social and Family Affairs the way in which land is taken into account when persons are assessed for social welfare entitlements; and if the assessment is based on income, for example, headage payments or money derived from letting agreements or the valuation of the property. [20867/04]

Amharc ar fhreagra

In calculating means for the purposes of social welfare entitlements where land is taken into account, the gross yearly income which the farmer and his or her spouse may reasonably expect to receive from farming or any other self-employment, less any expenses necessarily incurred in carrying on the business is assessed. Income and expenditure figures for the preceding year are generally used as an indicator of the expected position in the following year. Income from the sale of animals is taken into account where it occurs.

The assessment is designed to form a basis on which entitlement to Social Welfare payment can be determined. This means that the assessment of the expected annual income is based on normal output and costs appropriate to normal stock levels, capacity and market trends. Where an applicant disagrees with a means assessment, he or she may appeal the decision to the independent Social Welfare Appeals Office. In addition, where an applicant feels that his or her circumstances have changed since the most recent assessment, he or she may request a means review.

With regard to cattle headage and cattle premium schemes, these are two completely separate and distinct schemes operated by the Department of Agriculture and Food. The headage schemes are payable in certain designated areas only, while the premium schemes can be applied for anywhere in the State. Where land is leased, the income from the leasing will be assessed as cash income — the land is not assessed on a capital value basis. In the case of a lessee, the annual leasing price will be allowed as an expense in the case of the lessee, in assessing his or her income from the use of the land leased.

The house in which a person resides, together with furniture and personal effects is not assessed. Property must be capable of being sold, let or put to profitable use before a capital value assessment is applied. The most common example is where a person owns a second house. If the house is let, the owner is assessed with the capital value of the property, not with the income from the letting. Similarly, the market value of leases and ground rents is assessed as capital; the income is not assessed.

Michael Ring

Ceist:

349 Mr. Ring asked the Minister for Social and Family Affairs the way in which maintenance payments by an estranged spouse are taken into account when assessing a lone parent for rent or mortgage allowance. [20868/04]

Amharc ar fhreagra

The supplementary welfare allowance scheme, which provides for the payment of rent supplements, is subject to a means test. With the exception of certain designated payments e.g. child benefit, the legislation governing the supplementary welfare allowance scheme requires that all household income, whether in cash or in kind, must be taken into account in determining a person's entitlements under the scheme.

Maintenance payments made in respect of both adults and children are treated as household income and all such payments up to €95.23 per week are fully assessed in determining entitlement to rent supplement. Half the amount of maintenance in excess of €95.23 per week can be disregarded in the means test subject to a maximum disregard of €50.

Question No. 350 answered with QuestionNo. 347.

Jack Wall

Ceist:

351 Mr. Wall asked the Minister for Social and Family Affairs if persons on a community employment scheme and who may also be in receipt of the one parent allowance are entitled to the back to school clothing and footwear allowance; and if she will make a statement on the matter. [20924/04]

Amharc ar fhreagra

The back to school clothing and footwear allowance scheme provides assistance towards the cost of school clothing and footwear for children attending mainly primary or post primary schools.

A person may qualify for payment of a back to school clothing and footwear allowance if he or she is in receipt of a social welfare or health board payment or is participating in an approved employment scheme or attending a recognised education and training course and has household income at or below certain set levels. The income limit for a lone parent with one child is €238.90, increasing by €21.60 for each additional child. The limits are raised each year in line with increases in weekly social welfare payment rates.

Lone parents who participate in CE schemes receive a full-rate CE payment as well as retaining almost all of their one-parent family payment. As a result of the significant increases in both one-parent family payments and CE wages in recent years, CE participants who are also lone parents have incomes which are in excess of the qualifying limits for back to school clothing and footwear allowance.

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