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Dáil Éireann díospóireacht -
Thursday, 29 Nov 1984

Vol. 354 No. 6

Written Answers. - Social Welfare Benefits.

599.

asked the Minister for Social Welfare the reason no unemployment assistance was received for the past five months by a person (details supplied) in Dublin 1.

The unemployment assistance claim of the person concerned was disallowed on the grounds that his means derived from benefit from his wife's earnings exceeded the statutory limit. He appealed against the amount of means assessed against him and his case was referred to an appeals officer for determination. The case will be dealt with by the appeals officer at the earliest opportunity after which his entitlement to unemployment assistance will be reviewed in the light of the decision of the appeals officer.

600.

asked the Minister for Social Welfare if a person (details supplied) in County Mayo is receiving his due entitlement in respect of his pension.

The person concerned is entitled to an old age pension at the maximum weekly rate of £44.50 which includes a living alone allowance of £3.20. His living alone allowance book payable from 5 October 1984 was in fact sent to the local post office for collection by the pensioner. Unfortunately due to an oversight at the post office concerned the pensioner did not receive his living alone allowance book until 27 November when it was delivered direct to his home address. Any inconvenience caused to the pensioner is regretted.

601.

asked the Minister for Social Welfare the reason free telephone rental has not been allowed to a person (details supplied) in County Mayo.

The person concerned was approved for a free telephone rental allowance in 1981. She subsequently moved house and re-applied for the allowance on 14 August 1984. This application was approved on 2 October 1984 and the applicant was notified accordingly on 5 October 1984. Telecom Éireann was advised of the decision and will arrange to apply the allowance to the applicant's telephone account with effect from the date on which she was provided with telephone service.

602.

asked the Minister for Social Welfare the reason the full rate of disability benefit was not paid to a person (details supplied) in County Wexford.

The person concerned claimed disability benefit from 15 February 1984. However, as the date on the medical certificate submitted was interpreted as 18 February 1984 payment was only issued from 22 February 1984.

The error has now been rectified and an adjustment cheque for £41.25 in respect of the period from 18 February 1984, fourth day of incapacity, to 21 February 1984 was issued to him of 27 November 1984. All benefit payable to the person concerned has been issued to 25 February 1984, the day before he was certified fit to return to work. Benefit was paid at the rate of £82.50 a week, the maximum rate payable at that time to a married man with three children. No title to pay related benefit arose, as this benefit does not become payable until after the nineteenth day of incapacity.

603.

asked the Minister for Social Welfare the present position with regard to an appeal against a reduction in unemployment benefit from a person (details supplied) in County Galway.

In the light of the contentions made by the person concerned in support of his appeal against the amount of means assessed against him his case has been referred to a social welfare officer for further inquiries. When these inquiries are completed his case will be referred to an appeals officer for determination and the rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer. In the meantime weekly payments of unemployment assistance at £3.30 being the appropriate rate £31.75 less means derived from land £28.45 continue to be made to him.

604.

asked the Minister for Social Welfare the reason the balance between supplementary welfare allowance from the Southern Health Board and disability benefit which was restored to him on appeal has not yet been paid to a person (details supplied) in County Cork.

Payment of disability benefit to the person concerned was disallowed for the statutory period of six weeks from 14 May 1984 to 23 June 1984 as he failed to attend for examination by a medical referee of the Department on 17 April 1984. His explanation was accepted as showing good cause for his non-attendance for examination and accordingly benefit was restored for the period in question.

However, as a result of an administration error payment was not issued at that time. The error has now been rectified and arrears of benefit for that period less the amount of supplementary welfare allowance advanced by the Southern Health Board was issued to him on 28 November 1984. All benefit payable to the person concerned has been issued to date.

605.

asked the Minister for Social Welfare when an application for a transfer to invalidity pension from disability benefit will be adjudicated upon for a person (details supplied) in County Cork.

The regulations provide that the claimant, apart from satisfying the contribution conditions, must be regarded as permanently incapable of work in order to qualify for invalidity pension.

The person concerned was examined on 25 October 1984 by a medical referee who expressed the opinion that he was not permanently incapable of work and asked to have him referred again for a further examination after four months. He is not, therefore, qualified for the receipt of invalidity pension. The question of entitlement to invalidity pension will be considered after that examination. In the meantime he continues to receive disability benefit at the rate of £88.35 per week, the maximum rate appropriate to a married man with three child dependants.

606.

asked the Minister for Social Welfare how a person (details supplied) in County Cork who is in receipt of a 20 per cent disablement pension and disability benefit was found to be capable of work by a medical referee when he is still under the care of his GP and a consultant at Cork Regional Hospital; and when the appeal will be heard as the unfair decision is causing him severe financial hardship.

Payment of disability benefit to the person concerned was disallowed from 18 September 1984, following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and was examined on 23 October 1984 by a different medical referee who also considered him to be capable of work. His case has been referred to an appeals officer. If the appeals officer decides to hold an oral hearing of the case, the claimant will be notified of the time and place of the hearing.

The person concerned was in receipt of disablement benefit which had been provisionally assessed at 20 per cent from 19 August 1983 to 6 December 1984. Following an examination by a medical referee on 14 November 1984, the extent of his disablement was provisionally assessed at 10 per cent from 7 December 1984 to 6 December 1985.

607.

asked the Minister for Social Welfare if a person (details supplied) in County Wexford will be awarded a non-contributory old age pension; and if so, when.

It was decided on 12 November 1984 that the person concerned is entitled to an old age pension at the weekly rate of £39.30 from 21 September 1984. This is the rate of pension to which she is entitled having regard to the assessment of her means, consisting of half the weekly value of her husband's occupational pension. The appropriate pension book payable from 5 October 1984 issued on 15 November 1984 and a payable order covering arrears of pension due for the period from 21 September 1984 to 4 October 1984 will be issued shortly.

608.

asked the Minister for Social Welfare if non-contributory old age pension payments will be reviewed for a person (details supplied) in County Wexford with a view to restoring it to the previous level.

It has been decided that the person concerned is entitled to an old age pension at the weekly rate of £29.05 from 19 October 1984 which includes an adult dependant allowance of £9.75 in respect of his wife. This is the rate of pension to which he is entitled having regard to the assessment of his means, consisting of half the weekly value of a holding and profit from a guest house.

Representations made by the Deputy on the pensioner's behalf are being accepted as an appeal against the deciding officer's decision and the case will be referred to an appeals officer for determination. The pensioner will be notified of the outcome in the near future.

609.

asked the Minister for Social Welfare when a person (details supplied) in County Kilkenny who applied for a deserted wife's allowance in March 1984, will receive payment.

The person concerned has been awarded deserted wife's benefit for herself and two qualified children with effect from 5 July 1984. Her claim was received on 3 July 1984. An order book payable from 29 November 1984 has been issued to the designated post office for collection by her and she has been notified accordingly. Arrears for the period from 5 July to 28 November 1984 less the amount of supplementary welfare allowance paid to her during that time will be sent direct to her shortly by payable order.

610.

asked the Minister for Social Welfare if a person (details supplied) in County Kilkenny who is receiving a church annulment and who has been advised by the parish priest not to take her husband to court for maintenance will be able to sign for assistance; and if he will outline her position in this regard.

To be entitled to unemployment assistance an applicant must be the holder of a qualification certificate and to obtain a qualification certificate an applicant must fulfil the conditions which include an assessment of means. A married woman who is a dependant on her husband is not eligible to hold a qualification certificate. If, however, she is a married woman who is not residing with her husband or wholly or mainly maintained by him, she would not be regarded as her husband's dependant and she would accordingly be entitled to apply for a qualification certificate.

All applicants for unemployment assistance must satisfy the condition of being available for work and to fulfil the requirement applicants must be capable of, available for and genuinely seeking employment. If, therefore, the person concerned considers that she satisfies the requirements for unemployment assistance it is open to her to sign as unemployed at her local office and to have her claim statutorily determined. If the person concerned is in need, she should apply in the meantime to her local community welfare officer for assistance.

611.

asked the Minister for Social Welfare how an assessment of means of £40.35 was arrived at in the case of a person (details supplied) in County Kilkenny who is married with four children and who has not worked since January 1984.

The means of the person concerned were assessed on the basis that he had a yearly income of £2,100 from self-employment as a mechanic. The weekly assessment of means £40.35 was calculated on the basis of the sum of £2,100 divided by 52. He is accordingly in receipt of unemployment assistance at £41.50 weekly the appropriate rate £81.85 less means £40.35. He appealed against the amount of means assessed against him on 12 November 1984 and arising out of contentions made by him in support of his appeal his case has been referred to a social welfare officer for further inquiries. When these inquiries are completed his case will be submitted to an appeals officer for determination and the rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer.

612.

asked the Minister for Social Welfare the reason a person (details supplied) in County Dublin has not received a children's allowance for a child who was born five months ago.

Payment of children's allowances in respect of the child concerned has been made since the month after the child was born. The person concerned has now been awarded an increase on her deserted wife's allowance in respect of the child with effect from 21 June 1984.

A supplementary order book payable from 4 October 1984 has been issued to the designated post office for collection by her and she has been notified accordingly. Arrears from 21 June 1984 to 3 October 1984 will be sent direct to her shortly by payable order.

613.

asked the Minister for Social Welfare the reason unemployment benefit has been refused to a person (details supplied) in County Tipperary; when unemployment benefit will be granted to her; the amount she will receive; and if she will receive retrospective payments.

Entitlement to unemployment benefit is subject to the condition that a claimant must be capable of, available for and genuinely seeking employment.

The person concerned claimed unemployment benefit from 19 December 1983 but following the completion of inquiries her claim was disallowed on the grounds that she was not available for employment. She appealed against the disallowance and following an oral hearing of her appeal on 2 July 1984 an appeals officer also decided that she was not available for employment and she was notified accordingly. She ceased to sign unemployment register on 3 July 1984.

614.

asked the Minister for Social Welfare when a person (details supplied) in County Wexford will receive her single person's allowance; and the amount she will receive as she has absolutely no income.

The person concerned applied for a single woman's allowance on 20 November 1984. Her case is being forwarded to a social welfare officer for investigation of her means. When the inquiries are completed her means will be assessed and her entitlement to single woman's allowance will be determined accordingly.

615.

asked the Minister for Social Welfare when the application for invalidity pension of a person (details supplied) in County Louth, which was made last March, will be approved and pension granted.

The person concerned has been awarded an invalidity pension from 17 May 1984, the Thursday following receipt of the claim form in the Department. A pension book at the weekly rate of £90.75 payable from 13 December 1984 is being issued to the designated post office of payment and arrears from 17 May 1984 to 12 December 1984 less the amount of disability benefit paid in the same period will be issued by payable order.

616.

asked the Minister for Social Welfare the reasons an application for old age pension by a person (details supplied) in Dublin 12 was refused.

It was decided by the local pension committee on 3 December 1981 that the person concerned is not entitled to an old age pension as he does not fulfil the statutory condition as to means. His means, consisting of half the weekly value of earnings, were in excess of the statutory limit for entitlement to pension. If the person concerned now wishes to apply for an old age pension it is open to him to do so by notifying the Department to that effect.

617.

asked the Minister for Social Welfare when a lump sum payment of disability benefit will issue to a person (details supplied) in County Westmeath.

The claim of the person concerned for disablement benefit has been allowed. The extent of his disablement has been provisionally assessed at 20 per cent from 30 December 1983, subject to review in May 1985. Arrears of £582.10 in respect of the period from 30 December 1983 to 27 December 1984 will be issued to him today. He has been in receipt of disability benefit since 1 July 1983 and has been paid to date.

618.

asked the Minister for Social Welfare the reason for the refusal to award unemployment payments to a person (details supplied) in County Westmeath as this woman is fully available for employment.

Entitlement to unemployment benefit is subject to the condition that a claimant must be available for and genuinely seeking work. The person concerned claimed unemployment benefit from 17 September 1984 but a deciding officer was not satisfied that she was making genuine efforts to find work and her claim was disallowed on the grounds that she was not available for work.

She appealed against the disallowance of her claim and attended an oral hearing of her appeal on 19 November 1984. The appeals officer also decided that she did not fulfil the conditions of being available for work and disallowed her unemployment benefit claim.

619.

asked the Minister for Social Welfare the reason for the delay in awarding a deserted wife's payment to a person (details supplied) in County Westmeath as this woman has been deserted for 11 months.

The person concerned has been awarded deserted wife's allowance for herself and two qualified children with effect from 12 April 1984. An order book payable from 29 November 1984 has been issued to the designated post office for collection by her and she has been notified accordingly.

Arrears for the period from 12 April 1984 to November 1984, less the amount of supplementary welfare allowance paid to her during that time will be sent direct to her shortly by payable order.

This woman's husband had gone to England and it was necessary before a decision on her claim could be given to establish that she had made reasonable efforts to trace him and obtain support from him. In the event she did not succeed in making any contact with her husband but it was accepted that she had endeavoured to do so.

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