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Dáil Éireann debate -
Tuesday, 13 Oct 1998

Vol. 495 No. 1

Written Answers. - Social Welfare Benefits.

Liz McManus

Question:

339 Ms McManus asked the Minister for Social, Community and Family Affairs if he will ensure that lone parents caring for children on a joint custody basis still qualify for the one parent family allowance in view of the fact that joint custody arrangements are being made by separated parents; and if he will make a statement on the matter. [19242/98]

To qualify for the one-parent family payment (OFP), a parent must have the "main care and charge" of the child(ren). The "main care and charge" condition is satisfied by the parent who cares for the child(ren) most of theh time. The fundamental premise on which the scheme is based is that the composite payment, comprising the personal and child dependent allowance, can only be paid to one of a couple.

Where each parent has main care and charge of at least one of the children following separation, each may claim OFP based on the fact that they have the main care of at least one child. In joint custody cases the parent with whom the child(ren) spends most of their time is deemed to be the lone parent and the other parent does not have title to the OFP scheme.

In general these arrangements are working well. However, because of the change which have been taking place in family structures and the increase in marriage breakdown a departmental working group was established to examine all of the issues relating to joint custody and the social welfare system and the possible options for change. The findings of this group are currently being examined within the Department.

Brendan Howlin

Question:

340 Mr. Howlin asked the Minister for Social, Community and Family Affairs if he will review the decision on the back to work allowance application by a person (details supplied) in Dublin 12 who had only casual employment between 1990 and 1997 and who was apparently refused on the basis of a temporary job of two months duration immediately prior to the submission of his back to work allowance application; and if he will make a statement on the matter. [19247/98]

It is a requirement of the back to work allowance scheme that an applicant must be in receipt of a qualifying social welfare payment such as unemployment assistance at the time of applying for the allowance.

The person concerned commenced employment on 20 July 1998. He last signed the live register on 9 June 1998.

His application was refused on the grounds that he was not in receipt of a qualifying payment at the time of applying for the allowance.

Michael Ring

Question:

341 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in County Mayo had a widow's pension stopped from 5 June 1998, in view of the fact that she only receives a United Kingdom pension of £36 per week. [19345/98]

The person concerned was in receipt of a one-parent family payment from March 1997, as a widowed person, at the reduced rate of £23.50 a week due to means from her UK pension and other income.

One of the conditions for receipt of this payment is that the recipient must have at least one dependent child under 18 years of age, or between 18 and 22 years of age if in full-time education. When her daughter reached 22 years of age in June 1998 the person concerned was no longer entitled to one-parent family payment. Her case was subsequently referred to a local officer of my Department to establish whether she has an entitlement to widow's non-contributory pension, for which different rules apply in relation to means. As soon as this investigation is completed a decision will be made and she will be notified of the outcome.

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