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Dáil Éireann debate -
Wednesday, 22 Oct 1986

Vol. 369 No. 1

Written Answers. - EEC Directive on Equal Treatment.

326.

asked the Minister for Social Welfare if she will clarify how the operation of the equal treatment social welfare provisions will apply to disability benefit receipents where (a) the husband is the claimant and a spouse is in employment and (b) where both husband and wife are each in receipt of disability benefit; if she will also clarify the situation regarding claims for dependent children, and the operation date of these provisions; and if she will make a statement on the matter.

The Social Welfare (Amendment) Act, 1985 provided for the implementation of EEC Directive 79/7/EEC on equal treatment for men and women in matters of social security. The Act was enacted in July 1985. The revised definition of dependency under the Act is based on the principle that one spouse will be regarded as dependent on the other only if he or she is being wholly or mainly maintained by that spouse. The 1985 Act provides that a spouse in employment will not be regarded as an adult dependant. However, regulations being made under the Act will provide that where a working spouse is earning not more than £50 a week the spouse will continue to be regarded as a dependant and an adult dependant increase will be payable where the other spouse claims benefit.

The 1985 Act provides that a spouse in receipt of a social welfare benefit in his or her own right will not be regarded as an adult dependant of the other spouse. However, in the case of families where, in the week preceding implementation of the second phase of equality measures, both spouses are independently entitled to benefit, a special transitional payment of £10 a week will be made for up to one year to cushion the impact of the revised dependency conditions in these cases.

With regard to the payment of child dependent allowances, where the spouse of the claimant is regarded as an adult dependant, the full child allowances will be paid to the claimant. Where the spouse of a claimant is not an adult dependant, the claimant will be entitled to 50 per cent of the child dependant allowances. Where both spouses claim, each will be entitled to 50 per cent of the child dependant allowances. The new provisions will come into operation on 17 November, 1986.

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