Dáil Éireann debate -
Wednesday, 16 Jun 1993

Vol. 432 No. 4

Written Answers. - Equality Payments.

Liz McManus

Question:

36 Ms McManus asked the Minister for Social Welfare the reason statistics are not maintained by his Department on the number of communications from solicitors acting on behalf of women claiming payment of alleviation payments; if he will now have arrangements made for these statistics to be compiled so that the information will be available to Members of the Oireachtas; if his attention has been drawn to the widespread newspaper advertising by solicitors in Dublin and Cork inviting married women in receipt of social welfare benefits between 1984 and 1992 to seek legal advice on their entitlements to equality payments; his views on these advertisements; and if he will make a statement on the matter.

Minister for Social Welfare (Dr. Woods)

In accordance with EEC Directive 79/7, equal treatment between men and women in social welfare matters was due to come into effect in December 1984. The implementation of the directive was delayed until May 1986 when the first part of equal treatment came into effect. Full implementation of equal treatment took place with effect from November 1986.

The delay in implementing the directive meant that during the period December 1984 to May 1986, married women received a lower personal rate than other claimants in the case of unemployment benefit, disability benefit, invalidity pension and occupational injuries benefit. During this period married women received a maximum of 12 months unemployment benefit as against 15 months in the case of claimants generally. During the period December 1984 to November 1986 married women were not entitled to claim increases for adult and child dependants except in exceptional circumstances and they were not entitled to claim unemployment assistance.

In June 1992, the Government provided for equality of treatment in respect of the period of delay in implementing the directive. The necessary provisions are contained in the European Communities (Social Welfare) Regulations 1992, S.I. No. 152 of 1992. These regulations provide for payment of increased rates of benefit, extended duration of unemployment benefit, increases for dependants in the form of a household supplement and unemployment assistance. Under the provisions of the regulations, payments are being made on a phased basis over the period 1992 to 1994.

My Department made extensive efforts at the time to identify all potential beneficiaries by trawling through records of married women who were getting a social welfare payment in the period of the delay. Personalised claim forms were issued to all potential beneficiaries and about 85,000 claims have been received to date. These claims are currently being processed in accordance with the provisions of the retrospective legislation.

In order to cushion families who would otherwise have suffered a reduction in their weekly payments arising from the new dependency arrangements introduced in November 1986, alleviation payments were introduced on a temporary basis. In 1988, it was decided that these payments should be phased out gradually and the amounts payable were reduced on an annual basis to coincide with the budgetary increases each year. These payments were discontinued entirely in July 1992.

Statistics on the number of communications from solicitors acting on behalf of women seeking alleviation payments are not maintained by my Department. There is no legal entitlement to such payments. Court proceedings in which the plaintiffs are seeking alleviation payments have been initiated in a number of cases, and as already made known, these proceedings will be defended by my Department. Ultimately the matter will have to be determined by the courts and in the circumstances it would be inappropriate for me to make any statement on the matter.