John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 398: To ask the Minister for Social Protection if a claim exists in her Department for benefit relative to ill health derived from working in the mines in respect of a person (details supplied) in County Kilkenny; if such claims are paid relative to deceased miners to their spouses or families. [23795/11]

Joan Burton (Dublin West, Labour)
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A death benefit pension under the Occupational Injuries scheme is payable to the widow, widower or surviving civil partner of a person who dies as a result of an occupational injury or prescribed occupational disease or who was in receipt of a disablement pension assessed with a loss of faculty of 50% or higher, at the time of death. The weekly rate for a person over age 66 is €234.70. The person concerned applied for a death benefit pension in respect of her late husband, a former miner, who died in 1998 and who had never applied for disablement benefit or occupational injury benefit.

As the person concerned was unable to supply medical evidence in support of her application that her late husband died as a result of a prescribed occupational disease, her application was refused.

She has appealed that decision and the case has been referred to the Social Welfare Appeals Office for a final decision.

The Social Welfare Appeals Office are independent of my Department but as soon as a decision is made, she will be notified of the outcome.

The person concerned is currently in receipt of a widow's contributory pension from my Department of €230.30 weekly. Should the Social Welfare Appeals Office rule in her favour, she would be required to transfer from the widow's contributory pension to the death benefit pension.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 399: To ask the Minister for Social Protection her plans to extend the existing advocacy service for those who experience difficulty dealing with a public body to include older persons in general. [23815/11]

Joan Burton (Dublin West, Labour)
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The remit of the Citizens Information Board (CIB), under the aegis of my Department, is to provide advocacy on public and social services for all citizens. It fulfils this remit through the network of Citizens Information Services (CIS) where trained staff and volunteers will assist people, many of whom are over 65 years of age, in accessing entitlements and negotiating with providers on their behalf.

In addition, the Citizens Information Act (2007) conferred responsibility on the CIB for the provision of advocacy services for people with disabilities. In this regard, the National Advocacy Service (NAS) was established, which is an independent, representative advocacy service for people with disabilities.

A National Advocacy Programme Alliance, established by the HSE, provides independent advocacy services for older people in residential care settings. A working group was set up to progress this plan, which includes representation from the CIB. Currently there are 250 volunteers trained under the programme, delivering volunteer advocacy services to over 2,500 people in 89 nursing homes and community units around the country. The service is now moving to Third Age to ensure independence from service providers, with funding provided by the HSE.

The NAS will work closely with the Third Age volunteer programme for older people and take referrals where particularly vulnerable older people are at risk.

As well as providing information, advice, and advocacy to older people, the CIB will work closely with older people's organisations, such as Third Age, Age Action and the Alzheimer Society in providing different types of advocacy for older people with disabilities.