Dáil Éireann - Volume 388 - 12 April, 1989

Written Answers. - Social Welfare Benefits.

135. Mr. G. Mitchell asked the Minister for Social Welfare if he will arrange for disability benefit to be restored to a person (details supplied) in Dublin 12 whose benefit was discontinued in May 1988 but who has appealed the case.

Minister for Social Welfare (Dr. Woods): Payment of disability benefit to the person concerned was disallowed from 30 May 1988 following an examination by a medical referee who expressed the opinion that she was capable of work.

She continued to claim benefit and she was examined on 25 July 1988 by a different medical referee, who also considered her capable of work. However, due to an administrative error, she was not issued with the appropriate form to enable her to formally appeal against this decision until November 1988. She submitted an appeal in January 1989 and her case has been submitted to an appeals officer who is arranging for an early decision.

136. Mr. Gregory asked the Minister for Social Welfare the basis on which the means of a person (details supplied) in [1095] Dublin 11 who is in receipt of unemployment assistance, were assessed; if this is standard practice; and if he will make a statement on the matter.

Minister for Social Welfare (Dr. Woods): Following reinvestigation the person concerned was assessed with weekly means of £21.10 from income derived from the caretaking of a number of houses and the value of a small amount of capital. His means were assessed in accordance with section 146 (1) (b) of the Social Welfare (Consolidation) Act, 1981, as amended by section 13 of the Social Welfare (No. 2) Act, 1985, which provides that all income which an applicant or his spouse may reasonably expect to receive during the succeeding year in cash, whether as contributions to the expenses of the household or otherwise, is assessable as means.

The person concerned appealed against the amount of means assessed against him on 25 October 1988 and an appeals officer, on 6 March 1989, reduced his means to £21. He is, accordingly, in receipt of unemployment assistance of £21 weekly being the appropriate maximum rate of £42, less means of £21.