asked the Minister for Social Welfare if she will indicate, in the case of persons on disability benefit, who are found fit to work on the decision of her Department's medical referee, and who appeal that decision, the financial support which is available to them while their appeal is pending; and if she will make a statement on the matter.

Claimants to disability benefit who have been found capable of work by a medical referee of the Department and who maintain that they are still incapable of work and have appealed the decision of the medical referee may apply for supplementary welfare allowance while their appeal is being decided. Persons who are unemployed and available for work may claim unemployment benefit or assistance.

Is the Minister aware that in some clinics where a person is found by a referee to be fit for work, even though that person may have appealed the decision, the community welfare officer insists on him or her signing on for unemployment benefit or assistance? Does the Minister consider that practice to be correct in view of the fact that the people concerned have appealed the decision of the referee?

In cases of people who maintain they are incapable of work, who have appealed the decision and whose means are insufficient, they may apply for supplementary welfare allowance while their appeal is being decided, particularly if their case is supported by their own doctor. I do not think supplementary welfare allowance should be refused in such cases. If people insist they are incapable of work they may not claim unemployment benefit.

Is the Minister aware of the situation of people who appeal the decision of a medical referee that they are capable of work? In the interim while the appeal is pending they attend the community welfare officer for supplementary welfare allowance but, as Deputy De Rossa stated, some community welfare officers are instructing them to sign at their local employment exchanges. This is a total contradiction because by signing on they are stating they are capable of work——

The Deputy is making a speech; he is not asking a question.

Is is an important point.

The point has been made already. The Deputy is only repeating it.

The Minister did not answer the question.

The Minister answered the point the Deputy is now raising.

I know the Chair is not responsible for the answers given by the Minister. Quite honestly, he glossed over it. I am pointing out to the Minister that community welfare officers tell applicants to sign on at employment exchanges while their cases are being appealed because they claim they are unfit for work.

The Minister dealt with that point.

Will the Minister explain why the community welfare officers have issued these instructions?

I explained clearly the position of a person awaiting an appeal in respect of disability benefit who has no means. It can happen that some people may have means independent of their normal earnings and these may be the cases the Deputy has in mind. The supplementary welfare system is a means-tested system——

The Minister does not understand the point I am making.

I understand the point and I have replied to the point made by Deputy De Rossa. A person who has submitted certificates and who is awaiting the outcome of an appeal — particularly if his own doctor refuses to clear him for work — may not get unemployment benefit because of not being available for work. He should get help from the supplementary welfare system provided he fulfils the means test.

Why should he have to sign on at the employment exchange?

That has been dealt with by the Minister. I am calling Question No. 8.

I wish to ask the Minister a question.

The question has been dealt with quite clearly by the Minister and the Deputy accepted that.

I wish to ask a further supplementary question. Where a person has been instructed by the community welfare officer to sign on and does so, can the Minister give the House an assurance that signing on in this way will not be used by the referee to disallow the appeal?

The referee and the appeals officer decide appeals purely on the condition of health of the applicant.

I agree that is supposed to be the case but I am aware of one applicant who was told that because he had signed on during the appeal he was clearly fit for work because he believed himself to be fit for work and, therefore, was not entitled to disability benefit.

If an applicant had received unemployment benefit during the period of appeal——

The applicant did not receive benefit.

Such persons could not get double payment. If the Deputies are aware of such matters arising in this difficult area, I would appreciate it if they would bring them to our notice.

8.