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Press Release - Social Welfare/Health Boards Case Summaries (Annual Report 1994)

Press Release - Social Welfare/Health Boards Case Summaries (Annual Report 1994)

Social Welfare/Health Boards - Notes

• Researching and Interpreting Social Welfare Law

The Ombudsman gives examples in the Report of the extent to which research and interpretation of social welfare law is an issue for his Office. Because of the volume, complexity and inaccessibility of some of the legislation, he says that it is hardly surprising that complainants are frequently not in a position to articulate a reasoned legal argument in support of their case. Much of the work of the Office involves establishing which is the relevant legislation and forming an opinion as to whether it has been correctly applied. In one case, the Department of Social Welfare reconsidered its position and granted social insurance credits to a complainant.

Another issue concerned delays in claiming Death Grant; in two cases dealt with during the year, the Department refused to pay the grant because the next of kin had delayed in applying for the grant for more than six months. The Ombudsman's examination showed that nowhere in the legislation was a six month time limit mentioned. The regulations provided that claims must be made within three months of the date of death, but that the Minister may "...having regard to the circumstances of any case, extend the time..." within which a claim may be made. The Department accepted that it had failed to take full account of the provisions of the legislation and decided to award the grant in both cases.

• Entitlements Based on "Passport" System

The social welfare system provides a range of additional benefits for the elderly and for the sick or disabled who are in receipt of long-term payments. Such benefits as Free Telephone Rental Allowance, Free Electricity Allowance, Free Television Licence, an Over 80 Allowance and a Living Alone Allowance are paid on a "passport" system, whereby entitlement depends, among other things, on being already in receipt of one of a list of qualifying payments - such as Contributory Old Age Pension or Disabled Person's Maintenance Allowance. Complaints received during the year suggest that it would be more equitable if entitlement to these benefits was based on some separate objective indicator of need.

One case involved an 86 year old man living alone who was receiving a small occupational pension of �68 per week. He had no entitlement to a Contributory Old Age Pension. Had his occupational pension been �64 per week, he would have qualified for the minimum rate of Non-Contributory Old Age Pension and so would have qualified for the additional benefits. In cash terms, the complainant has lost out on a total of �23.85 per week in additional benefits all because he has �4 per week above the means ceiling for the Non-Contributory Old Age Pension.

Most of the additional benefits (the exceptions are the Living Alone Allowance and the Over 80 Allowance) are not provided for in statute and operate on an administrative basis. In addition, most of them (the exception is the Fuel Allowance) are available to people on Contributory Old Age Pension which is not a means-tested payment. The Ombudsman has received a number of complaints from people on occupational pensions not significantly higher than the Non-Contributory Old Age Pension rates who feel aggrieved that people on Contributory Old Age Pension, and who may have significant other income, qualify for the additional benefits, whereas they do not.

The Ombudsman has raised this issue with the Department of Social Welfare but their response to date does not indicate that they intend to revise the eligibility criteria for the additional benefits in a way which would meet the equity argument raised by these complaints.

• Health Board - Communication Failure

One case illustrated the adverse effect that defective internal communication in a Health Board can have on members of the public. A patient who died in a Health Board nursing home had over �1,000 in a personal account held by the Board to defray funeral expenses. The patient's elderly daughters were both of limited means and were unable to meet the funeral expenses. They applied to the Health Board under the Supplementary Allowance Scheme for assistance but this was refused as was their appeal to the Board. When one of the daughters complained to the Ombudsman, his staff discovered that the personal account was held by the Board and payment to the daughters was arranged.

At the request of the Ombudsman, the Health Board revised their procedures to ensure that every effort is made to contact the next of kin of deceased patients so that the contents of any personal accounts held by the Board are discharged as quickly as possible.