Prior to Question Time I referred to the anomalies that existed in the social welfare code, particularly those that discriminate against people in similar circumstances. A matter I wish to refer to, one that was mentioned also by Deputy O'Hanlon, is the free fuel scheme. This scheme operates in a very odd way depending on where one happens to live. A person living in a city or urban area will qualify for entitlement on one set of criteria but a person living in a county area qualifies for entitlement on a different set of criteria. My constituency covers part of the city and the county of Dublin; the city and county boundaries meet along one street. Pensioners on one side of the street are entitled as of right to free fuel vouchers because they live within the city boundary but pensioners living on the other side of the street in the same financial and social circumstances do not qualify because a different set of criteria apply to them.
The different criteria developed because when the scheme started during the course of the Second World War the view was taken that people in city areas needed assistance in paying for fuel. It was thought that people living in the country areas could go out into the countryside and collect bundles of wood and, therefore, did not need similar assistance. What could be called the "wood" philosophy obviously has prevailed in the operation of the scheme since 1943 and has not changed one jot since.
The only problem with this theory is that people in my constituency who live in County Dublin can no longer trail out into the forests or go to the local farmyard and pick up pieces of wood. Most of County Dublin is now an urban built-up area and I should imagine the anomaly that exists in my area with regard to the scheme exists also in other areas throughout the country. A real injustice is being suffered by people because of what might be called the "wood" philosophy. We should have a national scheme applying to all parts of the country. At the moment two contradictory schemes are in operation and this is causing hardship to many people. I urge the Minister, as I have done with his predecessors on many occasions in similar debates, to introduce legislation to provide a uniform free fuel scheme that would apply throughout the country. It is time that we moved away from the philosophy of the Second World War and administer the scheme to meet the needs of the people of Ireland in the 1980s.
There are a number of problems with regard to the supplementary welfare allowance scheme that should be highlighted. One of them is a problem for those who administer this scheme and those who seek to advise people about their entitlements. I have raised this matter before but nothing has been done about it. I am informed by supplementary welfare allowance officers — because we are in the 1980s we call them community welfare officers but they are still supplementary welfare allowance officers under the legislation — that they are supplied by the Department of Social Welfare with guidelines that direct them as to the manner in which they are to reach their decisions when people seek allowances. In particular they provide directions as to the circumstances in which they should exercise their discretion under the Act. This discretion allows them to make payments to people in particular circumstances but the guidelines curb that discretion. I understand from the officers — they are servants of the State and cannot make public speeches about this or if they did they would probably be sacked — that the effect of the guidelines is that the scheme is not being operated in accordance with the legislation.
By curtailing the discretion of these officers, the guidelines do not allow them to be as flexible as the Act intended them to be in certain circumstances. As a result they find that when they should make allowances in some instances, in respect of which they have statutory powers, the guidelines curb that discretion. Because of the guidelines and epistles emanating from the Department, they are not supposed to make payments and if they do they get into some difficulties. These officers should not be put in that position. If they fulfil their statutory duty they break departmental guidelines but those guidelines should not conflict with the legislation passed by this House.
There is a problem in connection with the guidelines, in that Members of this House, other than one or two former Ministers, do not know what is in them. Elected members of health boards and committees and Members of this House who have sought copies of the guidelines have been told they will not be made available to them because they are internal departmental documents. It may be that my information on this matter is not true but I do not believe that. There is no reason why I should receive representations on this point that are untrue. There should not be any secrecy or mystique about what is in the guidelines. Many members of the public who have sought assistance under this scheme are of the belief that they have not been treated fairly. Supplementary welfare officers are at the receiving end of the remarks of disgruntled applicants when the officers administer the scheme in the way the guidelines appear to require. I ask the Minister to end the secrecy that surrounds them. They should be made available to Members of this House and to members of health boards and local health committees. Health boards have the statutory function, through the Department, of administering the supplementary welfare allowance scheme. It is nonsense that the elected members of those bodies do not know what is in the guidelines. Once and for all, the Minister should end the secrecy attached to them.
When the supplementary scheme was set up its great merit was that a number of individuals, as of right, were entitled to receive allowances under the scheme. That moved us away from the home assistance concept where everything was discretionary. While certain discretionary powers were left to officers to deal with exceptional problems or circumstances, the merit was that certain people had entitlements under the scheme as of right. The second merit was that, unlike the old home assistance scheme, the legislation envisaged that there would be formal social welfare appeals tribunals so that people who felt their applications for supplementary welfare allowances were wrongly turned down would have an opportunity of a full and proper appeal before an appeals tribunal. Formal appeals tribunals have never been established under the scheme. Directors of community care have been put in the position of acting as appeals tribunals. I believe the manner in which this is operating is unsatisfactory.
I appreciate that at this stage to establish a whole panoply of appeals tribunals in relation to the supplementary welfare allowance scheme throughout the State would probably result in considerable expenditure which we can ill afford. I believe there is a way in which this can be done without incurring too much expenditure. I believe there is a need to formalise the appeal structure. I urge the Minister to go back and have a look at the legislation and its original intent and provide for a more formal and independent type of appeal structure than exists at the moment. He should also ensure that applicants for supplementary allowance are aware that if their applications for the allowance are turned down they have the right of appeal. Very often people are unaware of this and do not pursue their rights. In the context of the present economic climate the supplementary welfare allowance scheme provides a safe social welfare scheme to those in very real need and provides a basic form of assistance. It is important that this scheme is seen to be administered properly, that there is no mystique or secrecy attached to it, that people are seen to be dealt with fairly and that people understand that they have the right to appeal.
I want to refer to another anomaly in the social welfare code. Around 1974 social insurance contributions became compulsory for many people for whom they had not been previously compulsory. Many of those who, from 1974 onwards, made social insurance payments and retired some years afterwards became entitled to the old age contributory pension. There are a number of people who have been caught in a rather odd and peculiar anomaly which needs to be sorted out. I have come across two or three of my own constitutents who are in this situation. There are a number of people who during the course of the fifties and sixties received salaries in some cases for not more than three or four months which brought them within the old social welfare code and required them to make a social welfare contribution. One particular constituent between January and March 1953 got an increase in salary that was backdated and this resulted in the Department of Social Welfare holding him liable for social insurance contributions. He paid in all ten insurance contributions. He then fell outside the social insurance net and was brought back within it in 1974. He continued paying social welfare insurance from 1974 until April 1981, when he retired.
If this person had never paid the ten contributions from January to March 1953 he would have automatically been entitled to an old age contributory pension because of the contributions made from 1974 to 1981. It was through no fault of his that he did not make any contributions from March 1953 until 1974. The Department, because he made those ten contributions, in determining whether during his years of employment he made a sufficient number of contributions, instead of looking at the position from 1974 to 1981, backdated his position to 1953. There is this anomalous and ridiculous situation: if this man had not been fortunate enough to get a back payment which affected him for three months in 1953 and if he had not made the ten contributions to the social insurance code, if he had received the increase in pay and nobody had told the Department of Social Welfare and those ten contributions had not been made, that man as of right would today be entitled to a contributory old age pension. He is severely prejudiced by an anomalous ruling of the Department of Social Welfare under a statutory provision which affects a number of people who have retired in recent years and who find that because possibly for a year in the fifties they came within the social insurance net, they cannot now get a contributory pension. Colleagues of theirs who worked throughout all those years and who did not make any contribution whatsoever in the fifties or sixties are entitled to a contributory old age pension.
The problem here is that it affects a small number of people, is clearly an injustice, but it is a complicated matter to explain. It is not the stuff of politicians speeches on the hustings. It will not generate great applause by raising it. Nevertheless it creates a severe injustice. I urge the Minister to look at this very seriously. It is a matter, in the context of the cost factor, for the State to put right. In the context of the number of people it affects it would be little more than a drop in the ocean, but it would right a great injustice. I hope the Minister will take this seriously and will see that, in the interests of equity, it is dealt with by a change in the approach of the Department or, if necessary, by amending legislation.
I know I have been critical of the Minister and of the social welfare code, but a debate of this nature is only useful if Deputies come into the House and indicate their views of where there are problems or difficulties with the social welfare code, what type of reforms are required and what existing anomalies need to be tackled. The criticisms I made were not intended to be critical of the Minister personally, whom I wish well. I believe he intends to tackle many of the areas I have referred to. I hope he will heed the remarks made by other Deputies and myself during the course of the debate. I wish him well in the coming year. I hope that when we have a similar debate next year I will not find myself again raising all the points I have raised today, many of which have been made by me in previous debates on social welfare legislation or in Estimates debates.