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Dáil Éireann debate -
Tuesday, 15 Mar 1988

Vol. 379 No. 1

Written Answers. - Adult Dependant Allowance.

102.

asked the Minister for Social Welfare whether he considers it an anomaly that a man claiming contributory old age pension cannot claim adult dependant allowance in respect of a common law wife and will not qualify for electricity allowance, while at the same time his common law wife would have part of his means assessed against her without any allowance for the cost of rent, in her claim for either single woman's allowance or unemployment assistance; and if he will make a statement on the matter.

In general an adult dependant increase of a social welfare payment is payable only in respect of a dependent spouse, or a person having the care of the claimant's qualified child or qualified children.

To qualify for free electricity allowance a pensioner must be living alone or only with excepted persons such as a dependent spouse, an invalid or another pensioner.

There is no provision under the Social Welfare Acts for recognising a common law wife. It is, however, open to a person, other than an adult dependant, living with an old age pensioner to claim unemployment assistance. In that case the old age pension would not be assessed as means and if the couple had no other means she would be entitled to the full personal rate of unemployment assistance. If, however, either party had other means, account would be taken of these in assessing entitlement to unemployment assistance.

In relation to the single woman's allowance the position is that the allowance is not payable to a woman who is cohabiting with another person as his wife.

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