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Dáil Éireann debate -
Wednesday, 12 Apr 1978

Vol. 305 No. 4

Ceisteanna—Questions. Oral Answers. - Split-Benefit Anomalies.

7.

asked the Minister for Social Welfare if the anomalies associated with the payment of split-benefit in the social welfare scheme have been corrected; and if he will make a statement on the matter.

I presume the Deputy is referring to separate payment of benefit, assistance or pension in respect of a claimant's wife and children which can be made in certain circumstances to the wife.

There was an anomaly in regard to the payment of the increase in respect of children where the couple were separated and the children were living with the mother. Regulations, effective from 1 April 1978, have been made removing this anomaly and enabling payment to be made to the mother in such cases.

Has the anomaly whereby split payments were made only with the consent of the husband in the first instance been removed?

The Department can decide if payment should be paid to the mother or the father.

The situation always was that after the husband refused, the Department could then decide to make split payments, but in the first instance if a wife applied for separate payment the Department asked the husband to give his consent. Is the Minister not aware that it was recently suggested in the House that the precondition ought to be removed as well?

We decide the matter entirely on the basis of what is right in the particular circumstances. We do not require the husband's consent. The Deputy should realise in those particular cases there is not usually any dispute because those are cases where even though there is a separation the husband is maintaining the wife and children.

Question No. 8.

Was it not the case that even where there was not separation, situations arose where through the benefit being paid to the husband, the other members of the family were not benefiting?

This case deals with separations. This is where husband and wife are separated but where the husband is still supporting the wife and the children. The difficulty was that the husband even though he was supporting the wife and children could not claim an increase in benefit because of the children unless they were living with him. We have changed it so that even though the children are living with the mother the father's benefits can be increased and they can be paid either to the father or to the mother as we decide.

Is the Minister aware that this question also deals with the situation where the family unit is intact but where the members of the family other than the husband were not benefiting and where the wife then made application for a split payment?

The phrase "split benefit" is normally used where the husband and wife are separated. I am certain that is what Deputy O'Connell was inquiring about.

I am not sure that is what the Deputy was inquiring about. Is the Minister aware that this situation can also arise where the husband, wife and children are living together but where the husband is not supporting the family from the benefit? The wife then makes application for split payment and the Department will then ask the husband for his consent to split payment being made. Will that regulation now be removed?

The husband's consent is not mandatory.

It is still asked for.

I am not sure if it is asked for as a matter of administrative routine. That may well be, but it is not mandatory as far as we are concerned. We pay it to the wife or to the husband as we see fit.

It never was mandatory, but it was sought.

Question No. 8. We have spent too much time on that.

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