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Dáil Éireann debate -
Wednesday, 20 May 1992

Vol. 419 No. 10

Adjournment Debate. - Financial Assistance for Postal Workers' Dependants.

I wish to highlight a ludicrous anomaly in the supplementary welfare system arising from the current dispute in An Post which has left possibly thousands of dependants of postal workers destitute and without any means whatsoever. The supplementary welfare allowance is supposed to be the final safety net of the social welfare system. It is designed for people who have no entitlement to other social welfare payments or are in dire need. When people have no income they go to the supplementary welfare officer who assesses their needs under a number of headings and makes an appropriate payment. Those who are directly involved in an industrial dispute do not qualify for supplementary welfare allowance but payments are paid in respect of a dependent spouse or dependent children of those involved in a dispute.

Those who have been suspended as a result of the dispute in An Post have received payments for their spouses and children. However, there are between 700 and 800 postal workers who have not been suspended but have received no wages for the past few weeks because of the suspension of personnel in the wages section of An Post. Under the current supplementary welfare allowance system these people are deemed to be still in employment and thus ineligible for supplementary welfare allowance payments. Postal workers in this category who have gone to community welfare officers throughout the country have been told quite simply that they will get nothing. The majority of these workers are married, many with children. There are no precise figures available, but between 2,000 and 3,000 spouses and children have been left without any income because of this bureaucratic interpretation of the rules. The level of hardship cannot be overstated. They have no money to put food on the table or to pay the rent or mortgage.

The irony is that if these staff members had been suspended or if they were on strike, even on unofficial strike, they would be getting payments for their dependants. I have been approached by a number of postal workers and their dependants in my constituency. One woman came to me in despair. Her husband is a postal worker in Sheriff Street and she has no job. This weekend will be the third without any income. In a family such as this money would be tight at the best of times but the total cut-off has left them in an impossible position. The rent is already in arrears and there is an ESB bill due. Although the woman is suffering from serious health problems she has been unable to go to the doctor simply because she does not have the money to pay. Repeated appeals to the local community welfare officer have drawn a blank. I know of another postman with five dependent children who was told that if he was suspended he would be getting £135 a week for his family but because he is still technically in employment in An Post he will get nothing.

Seven workers took a High Court case against An Post over non-payment of wages and Judge Lardner, in a decision given on Tuesday, ruled in their favour. Unfortunately, he declined to admit the decision as a test case, which means that every worker in An Post who is not suspended but not in receipt of wages would have to take a similar case to establish their right to be paid. Judge Lardner said that the action of the company had caused hardship, distress and anxiety. I suggest that the application of the supplementary welfare allowance regulations has greatly added to the hardship, distress and anxiety. Given that there is no sign of an end to the dispute I would appeal to the Minister to review these regulations urgently and to make supplementary welfare available to those workers who have been denied their wages on the same basis as to suspended workers or to those on strike. It is surely wrong and immoral to victimise the children of those who are affected in this dispute.

Is mian liom leithscéal a ghabháil thar ceann an Aire, nach bhfuil ar a chumas bheith i láthair inniú, agus labhróidh mise ar a shon.

I understand that the Deputy is raising the question of entitlement to supplementary welfare allowance for dependants of postal workers who are still working but are not receiving payment due to disruption in the wages section of An Post arising from the suspension of staff. The entitlement of a person involved in a trade dispute to a supplementary welfare allowance is governed by section 203 of the Social Welfare (Consolidation) Act, 1981. Section 203 (1) of that Act provides that persons who are without employment by reason of a stoppage of work due to a trade dispute at their place of employment are not entitled to an allowance in their own right but may be paid an allowance in respect of their dependants. The above section applies specifically to strikers and their dependants. However, An Post employees referred to in the Deputy's motion are outside of this category as they continue to work in An Post. Section 202(1) of the Social Welfare (Consolidation) Act, 1981, provides that persons who are engaged in full time work are debarred from receiving supplementary welfare allowances.

The dispute in An Post is centred in the Dublin area where the payment of supplementary welfare allowance is the responsibility of the Eastern Health Board, who have been contacted with regard to the matter raised by the s sDeputy. I understand that approximately 700 An Post employees were suspended on 1 May and a further 600 were suspended on 12 May. It was open to these people to apply for supplementary welfare allowance for their dependants, and payments have commenced to those who qualified. Last week the board issued supplementary welfare allowance payments to the dependants of those suspended on 1 May and this week they commence payment to the dependants of those suspended on 12 May.

However, the Eastern Health Board have refused to pay supplementary welfare allowance to persons who remain full time employees of An Post and who are not paid because of the problems in the wages department. The board take the view that these employees are precluded from receipt of supplementary welfare on foot of section 202(1) already mentioned and that the problem is an administrative one between them and their employers. Seven An Post employees who are in this position — who are not on strike — secured a High Court injunction on Monday, 18 May, obliging An Post management to pay their salaries which were held up following the suspension of staff in the wages section. I understand that there are 2,700 workers whose pay is also delayed as a result of these problems and it is open to them to seek similar redress.

Under section 213 of the Act a health board may make a payment of supplementary welfare allowance to categories normally excluded by the provisions I mentioned earlier. These will arise only when there is an urgent need for income support and no other source of income is available. The question is a matter for determination by health boards and each case is decided on its merits. Deputy Gilmore raised the question whether there is a possibility of amending legislation or any further action that could be taken by the Minister in this regard. I will bring his views to the attention of the Minister for Social Welfare as soon as I possibly can.

Perhaps the Minister would ask the Minister for Social Welfare to communicate with the health board.

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