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Dáil Éireann debate -
Tuesday, 19 Apr 1988

Vol. 379 No. 6

Written Answers. - Social Welfare Benefits.

132.

asked the Minister for Social Welfare the reason a person (details supplied) in County Waterford who is disabled has not been granted disability benefit or an invalidity pension; and if he will have this decision reversed.

The person concerned was paid disability benefit to 20 November 1987 after which date payment was disallowed following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance of benefit and was examined by a different medical referee on 22 January 1988 who also expressed the opinion that he was capable of work. His appeal has been referred to an appeals officer who proposes to hold an oral hearing of his claim as soon as possible.

133.

asked the Minister for Social Welfare if his attention has been drawn to the fact that a person (details supplied) in County Wexford has been informed that he received an over-payment of £300.99 in pay-related benefit for the period 31 July 1987 to 28 December 1987; that written notification had been sent to this person on 4 November 1987 informing him that he had entitlement to pay-related benefit of £13.98 per week based on his 1984-85 earnings; and if he will take steps to ensure that this debt is written off and is not recouped by reducing the person's current entitlement to unemployment assistance.

The position is that the Social Welfare Acts provide that pay-related benefit is not payable where the total amount of disability benefit payable equals or exceeds 75 per cent of a claimant's average reckonable weekly earnings in the relevant year.

The person concerned claimed disability benefit from 10 July 1987. His reckonable weekly earnings in the 1984-85 income tax year which govern his claim were £12.66. As his weekly disability benefit rate of £42.30 exceeded 75 per cent of his earnings, he was not entitled to payment of pay-related benefit.

However, when the claim was being processed, his pay-related benefit was incorrectly calculated by reference to his earnings in the 1985-86 tax year. This resulted in the overpayment referred to. In the circumstances of this case, it is not now proposed to seek further recovery of this overpayment.

134.

asked the Minister for Social Welfare when disability benefit will be paid to a person (details supplied) in County Wexford.

The appeals officer, after holding an oral hearing at which the claimant was present, has decided that the person concerned was not incapable of work within the meaning of the Social Welfare Acts during the period from 8 May 1987 to 29 October 1987 (the date of the latest medical certificate before him at the time) and is not entitled to be paid disability benefit in respect of that period.

The person concerned has appealed against the disallowance of disability benefit subsequent to the appeals officer's decision and arrangements have been made to have him examined by a medical referee as soon as possible. His entitlement to benefit will then be reviewed in the light of the medical referee's report.

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