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Social Welfare Code.

Dáil Éireann Debate, Tuesday - 27 April 2004

Tuesday, 27 April 2004

Questions (805, 806, 807)

Richard Bruton

Question:

866 Mr. R. Bruton asked the Minister for Social and Family Affairs the changes she plans to make to prevent the new rules on social welfare leaving widowed persons without cover during periods of illness or unemployment. [11430/04]

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Written answers

In the context of the preparation of the Estimates for 2004, entitlement to the payment of additional half rate disability and unemployment benefit concurrently with widow or widowers' pensions was discontinued for new claimants with effect from 19 January. It was one of a number of changes to the social welfare code that were introduced in order to provide scope for resources to be found for general improvements in social welfare provision in the budget.

As with other measures introduced in the social welfare code, I undertook to keep the effects of the measure under review. My overall objective is to ensure that the total social welfare budget is applied to the best effect in tackling disadvantage. I also want to continue the Government's policy of significant improvements in basic payments to social welfare recipients, particularly widows and widowers.

The outcome of the review suggested that the measure may lead to potential hardship in some cases. Therefore, I shall restore the arrangements that existed before 19 January on a retrospective basis.

Conor Lenihan

Question:

867 Mr. C. Lenihan asked the Minister for Social and Family Affairs how she will improve the problems facing widows following her recent announcement; and if she will consider changing the rule that prevents widows from receiving a respite grant. [11448/04]

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In recent years the Government introduced a number of measures to benefit widows and widowers.

In 2000 the widowed parent grant was introduced to provide additional assistance to those with dependent children in the difficult time following a bereavement. At present the grant is valued at €2,700 and is paid in addition to the normal payments after death.

Increases in the rates of child benefit are also of benefit to widows and widowers with children. Since 1997 child benefit has been increased significantly. From the beginning of this month payments are €131.60 per month for each of the first and second children and €165.30 per month for the third and subsequent children.

With regard to those who are over 66 years of age, the Government had committed to bringing their rate of payment into line with that of the old age contributory pension. It was achieved through a series of special increases in recent budgets and the process was completed in budget 2004. The current maximum rate of old age contributory and widow or widowers pension is €167.30 per week.

A group of widows and widowers also benefits from the changes in the free schemes announced over a number of budgets. Under these arrangements all persons aged over 70 years of age are entitled to a range of schemes regardless of their means or household composition.

The provisions for widows and widowers under the social welfare code will be kept under review and further improvements will be considered where appropriate.

A respite care grant is paid to carers in receipt of a carer's allowance and people who care for recipients of a constant attendance or prescribed relative's allowance. It is not payable with other

social welfare payments. The Minister for Health and Children is responsible for all other matters that relate to the provision and availability of respite care.

Willie Penrose

Question:

868 Mr. Penrose asked the Minister for Social and Family Affairs the reason persons in receipt of disability allowance are means tested; and if the legislation underpinning the allowance is of a discriminatory nature. [11450/04]

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Income maintenance payments available under the social welfare code consist of a range of social insurance benefits. They are based on PRSI contributions and a further range of social assistance payments that are payable subject to a means test to people who are not qualified for insurance based payments. The purpose of the means tests is to ensure that, for those who do not have social insurance cover or who have insufficient PRSI contributions to qualify for benefit, resources are targeted at those most in need.

A person who is ill long-term or disabled can qualify for either long-term disability benefit or invalidity pension, if they have sufficient PRSI contributions. Where such a person has not worked or does not have sufficient PRSI contributions, they may qualify for disability allowance, which is means-tested.

People who are ill long-term or disabled are treated under the social welfare code in the same way as people who experience other contingencies such as unemployment, old age and widowhood. The means test for the disability allowance scheme is not considered to be discriminatory.

Since the take-over of the disability allowance scheme from the health boards in 1996 a range of improvements have been introduced in the means test for disability allowance purposes. These include: substantial increases in the amount of earnings from rehabilitative employment; self-employment that can be disregarded for means test purposes, currently €120 a week; and major improvements in the method of assessing capital with the first €12,697 being disregarded.

As a consequence of these and other general improvements in the disability allowance, there has been a substantial increase in its take-up. The number of recipients has more than doubled, an increase from 34,500 in October 1996 to 69,398 at the end of March 2004.

One aspect of the disability allowance differs from other social welfare payments and involves people who are in full-time residential care. One of the conditions that applied to the disability allowance scheme formerly was that payment was not made to people in residential care or in a hospital. Since my Department took over the running of the scheme this disqualification was progressively relaxed. Many of those who had previously been disqualified because they were in residential care are now entitled to a payment.

A working group was established to examine the takeover by my Department of the spending allowances paid to people with disabilities in residential care who were not entitled to disability allowance and for the standardisation of the level of these allowances. One of its functions will be to examine the best method for the transfer of responsibility for the payment of these allowances and of the funds involved.

Question No. 869 answered with QuestionNo. 859.
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