Dáil Éireann debate -
Tuesday, 8 Mar 1994

Vol. 440 No. 1

Written Answers. - European Communities (Social Welfare) Regulations.

Proinsias De Rossa

Question:

38 Proinsias De Rossa asked the Minister for Social Welfare the main features of the European Communities (Social Welfare) Regulations, 1992; the purpose for which they were introduced; the number of claims his Department settled, prior to the introduction of these regulations, arising from claims for non-payment to women of transitional payments as a result of the Cotter/McDermott case; and if he will make a statement on the matter.

Minister for Social Welfare (Dr. Woods)

The European Communities (Social Welfare) Regulations, 1992, S.I. No. 152 of 1992, were introduced to provide for equality of treatment in respect of the period or delay in implementing EC Directive 79/7. 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, other than in exceptional circumstances.

The regulations provide for payment of increased rates of benefit, extended duration of unemployment benefit, increases for dependant in the form of a household supplement and unemployment assistance. 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 86,400 claims were received and of those 70,500 were entitled to payment. All arrears due were paid in 1992 and 1993. The final phase or arrears due was not due to be paid until 1994. However, as the Deputies no doubt are aware I made special arrangements for the arrears due under this phase to be paid before Christmas last. A small number of claims are still being received and these continue to be processed.

As I have made known on several previous occasions, a number of court proceedings were initiated seeking retrospective payments, in some cases as far back as 1985. In the absence of implementing measures, settlements were made in eight such cases.

Since the introduction of the retrospective legislation, legal proceedings have been initiated seeking payments over and above those provided for in the retrospective legislation. I have repeatedly stated that these proceedings are being defended by my Department and ultimately the matter will be determined by the courts.