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Dáil Éireann debate -
Tuesday, 5 May 1992

Vol. 419 No. 1

Written Answers. - Social Welfare Benefits.

Jim Mitchell

Question:

174 Mr. J. Mitchell asked the Minister for Social Welfare if a person (details supplied) in Dublin, who is receiving a deserted wife's allowance for herself and one dependent child totalling £68 per week, would be better off if she was receiving a disabled person's maintenance allowance, which she now understands she would be entitled to; and if he will give details of the amount of the payment she would be entitled to under the DPMA scheme.

The person concerned is entitled to deserted wife's benefit of £73.80 per week. This consists of the maximum personal rate for herself and one dependent child. This payment is being reduced by £5 per week in repayment of an overpayment of deserted wife's benefit which arose during the years 1985-88. She is, therefore, receiving £68.80 per week.

The local health board decides on entitlement to disabled person's maintenance allowance which is awarded on both means test and medical grounds. If the person concerned qualified for this allowance, she would receive a maximum rate of £67 per week. This is £1.80 per week lower than her current rate of payment. She would be likely to also qualify for free electricity allowance, a free TV licence and a free travel pass. However, she would also continue to have a liability to my Department in respect of her overpayment of deserted wife's benefit.

Pádraic McCormack

Question:

175 Mr. McCormack asked the Minister for Social Welfare if he will outline his proposals to provide free transport for old age pensioners from the Aran Islands to Galway; and if he will make a statement on the matter.

Free travel under my Department's scheme is available to old age pensioners and other eligible groups on the services of Aran Ferries Teoranta and Island Ferries Teoranta between the Aran Islands and the mainland. I have no plans at the present time to extend the scheme to other services on those routes.

Gay Mitchell

Question:

176 Mr. G. Mitchell asked the Minister for Social Welfare if he will outline his proposals in relation to the very real hardship which his Department imposes on old age pension adult dependants whose spouses are in long term care where the spouse's income, such as in the case of a person (details supplied) in Dublin 12 from such a pension goes totally towards payment of this care but yet his Department insists on assessing the means of the adult dependant as being half the means of the married couple, and not allowing the adult dependant's means to be treated separately and also insisting that splitting the pension and the adult dependant allowance by way of separate payment is only allowed where the marriage tie is broken even though for practical purposes the couple are living apart; if he will introduce legislation to allow, (1) separate payments to be made in cases where spouses are in long term care, (2) adult dependants to claim for free schemes in their own right in such cases and (3) adult dependants to claim for old age non-contributory pension based on their own income alone; and if he will make a statement on the matter.

The claimant concerned is in receipt of an old age (contributory) pension including an adult dependant allowance for his wife. The couple have requested the separate payment arrangement and the claimant receives the personal rate of payment and the spouse the adult dependant increase. The spouse has claimed the old age (non-contributory) pension in her own right but the rate she would be awarded is less than the rate she currently receives as an adult dependant on her husband's contributory pension.

The reason for this is that half of the husband's occupational pension is assessed against her as means.

Legislation in relation to old age pensions specifically provides that in assessing the means of a married applicant for a pension, the means of the applicant and his spouse are jointly assessed. Half the means thus assessed are then attributed to the applicant and half to his spouse. In cases such as the one to which the Deputy refers the couple are treated as living together as the marriage tie is not broken. I recognise that the present arrangements may give rise to anomalies in certain cases and I am having these reviewed in the context of a review of means tests generally within the Department.
Title to payment under the various social insurance and assistance schemes is vested in the person who meets the statutory conditions relating to such schemes. While supplements in respect of a claimant's spouse and children are incorporated into the various schemes, they do not have direct title to these payments. Where the circumstances warrant, the spouse can receive, on behalf of the claiming spouse, half the combined sum of the personal rate of payment and the adult dependant increase. Where the couple are living apart the spouse receives the adult dependant allowance.
In order to qualify for entitlement to the free schemes, excluding free travel, the claimant must normally be in receipt of a qualifying payment. Depending on the circumstances of a case, the question of recognising the entitlement of a dependant is considered on its merits and does not give rise to any need for new legislation. In the particular case cited, the dependant is currently receiving the free benefits and no reason is seen why she should not continue to do so.
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