Dáil Éireann debate -
Tuesday, 8 Feb 1994

Vol. 438 No. 4

Written Answers. - Alleviation Payments Arrears Applications.

Phil Hogan

Question:

104 Mr. Hogan asked the Minister for Social Welfare the total number of applications, at the latest date for which figures are available, his Department has received from women claiming arrears of alleviation payments arising from the decision of the European Court on 13 March 1991, in the case taken by Cotter and McDermott in respect of County Kilkenny and County Carlow.

Minister for Social Welfare (Dr. Woods)

The Government provided for equality of treatment in respect of the period of delay in implementing EC Directive 79/7. The necessary provisions are contained in the European Communities (Social Welfare) Regulations, 1992 which came into force in June 1992, These regulations entitle married women affected by the delay in implementing the Directive to the higher personal rate of disability benefit, unemployment benefit, invalidity pension and occupational injuries benefit and to the extended duration of unemployment benefit. The regulations also entitle married women to dependency increases in the form of a household supplement and to unemployment assistance. There is no provision in the regulations for the payment of the alleviating payments. The legislation provided for the payment of arrears on a phased basis in 1992, 1993 and 1994.

Claimants with potential entitlement to arrears were identified from my Department's records and were issued with claim forms in mid-1992. A total of 70,500 claimants were entitled to payment. All arrears due were paid in 1992 and 1993. The final phase of arrears was not due to be paid until 1994. However, as the Deputy will be aware I made special arrangements for the arrears due under this phase to be paid before Christmas 1993. A small number of claims are still being received and these continue to be processed.

Since the introduction of the retrospective legislation legal proceedings, which are being defended by my Department, have been initiated in about 60 cases involving some 5,000 individual plaintiffs. The number of women involved in these proceedings resident in Kilkenny and Carlow is not known.