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Dáil Éireann debate -
Tuesday, 23 Jan 1996

Vol. 460 No. 3

Written Answers. - Social Welfare Benefits.

Peadar Clohessy

Question:

459 Mr. Clohessy asked the Minister for Social Welfare if he will consider amending the Social Welfare Consolidation Act, 1993, in order to allow lone parents in full-time education to receive a rent allowance through the supplementary welfare allowance scheme. [16794/95]

Under section 171 (1) of the Social Welfare (Consolidation) Act, 1993, people in full-time education are excluded from entitlement to assistance, including rent supplement, under the SWA scheme. However, there are a number of exceptions to this exclusion. Persons participating in a vocational training opportunities scheme (VTOS); a second level initiative scheme; a third level allowance scheme; and a part-time education initiative scheme may continue to receive their full weekly payment and may retain any secondary benefits, such as rent supplement under the SWA scheme, which they may have been receiving prior to participating on one of these schemes.

The qualifying conditions for the vocational training opportunities scheme and the second level initiative scheme are that the applicant must be at least 21 years of age and must have been in receipt of an unemployment payment or lone parent allowance for at least six months. Until recently, an applicant for the third level allowance scheme had to be at least 23 years of age and in receipt of an unemployment payment or lone parent allowance for at least 12 months in order to be eligible for the scheme. However, in 1995 I announced an improvement to the qualifying conditions for the third level allowance scheme. The age requirement has been reduced to 21 years of age and an applicant need only be in receipt of an unemployment payment or lone parent allowances for six months in order to qualify for the scheme. The cost of extending entitlement to supplementary welfare rent allowances to all lone parents in full-time education would have resources implications which I am unable to meet at present but I intend to keep this matter under review.

Michael Bell

Question:

461 Mr. Bell asked the Minister for Social Welfare the amount of payment made to-date to legal representatives of women-men who applied for the equality payments; the scale fee agreed for each claim lodged through legal advisers; the total amount and the final amount budgeted for; if his attention has been drawn to the fact that a charge of 10 per cent of payments made has been levied by some practitioners; his views on whether this is a very unreasonable practice in view of the fact that his Department agreed to pay the full costs in each claim to legal representatives; the action, if any, he intends to take in this regard; and if he will make a statement on the matter. [19112/95]

To date, my Department has paid some £800,000 to the legal representatives of plaintiffs who took legal proceedings in relation to the payment of equal treatment arrears. A tentative provision of £3 million has been included in the 1996 Estimates in respect of possible expenditure on legal fees this year.

Under the terms of the court orders governing the settlement of the various legal proceedings the State will meet the legal costs of the plaintiffs to be taxed in default of agreement. Where the Chief State Solicitor's Office is unable to agree the amount sought in fees with the plaintiffs' legal representatives, the matter will be adjudicated by the Taxing Master under the normal procedure whereby a solicitor's bill is examined by the Taxing Master who may either allow or reduce the amount involved.
The question as to whether the married women concerned may be charged additional fees, over and above those to be met by the State, will be determined by the nature of whatever agreement they may have entered into with their solicitors. It is open to women whose solicitors are claiming costs from them over and above those paid by the State to seek to have them examined by the Taxing Master also.
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