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Social Welfare Code.

Dáil Éireann Debate, Wednesday - 15 December 2004

Wednesday, 15 December 2004

Questions (76)

Paul Kehoe

Question:

73 Mr. Kehoe asked the Minister for Social and Family Affairs the way in which cohabitation guidelines in the case of lone parents are monitored, controlled and changed; his plans in this regard; and if he will make a statement on the matter. [33526/04]

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Written answers

A person receiving a lone parent payment from my Department must comply with the conditions of the scheme. One such condition is that the person must not be co-habiting. If an individual receiving such a payment marries or co-habits his or her entitlement to lone parent payment ceases.

The co-habitation condition is intended to ensure equity between co-habiting and married couples. The co-habiting couple, who come within the definition of a couple living together as man and wife, are regarded as being effectively in the same position as a married couple.

There are guidelines setting out the factors to be taken into account in deciding whether a couple are cohabiting as man and wife. These guidelines are available on my Department's website and on request from my Department's information services and local offices. The guidelines are utilised by my Department's deciding officers in determining entitlement to lone parent payment.

Deciding officers who are independent in the exercise of their functions must satisfy themselves that all the statutory conditions are satisfied for receipt of payment. In the case of possible cohabitation, they must determine whether the relationship between the two people involved is such that they should be regarded as living together as husband and wife.

Domestic, household, and financial relationships can vary widely, not just for cohabiting couples, but for married couples also. Each potential cohabitation situation must be considered in light of the facts of the individual case. The deciding officer must form a judgement on whether the circumstances of a case are sufficiently similar to those of a married couple as to constitute cohabitation as man and wife.

The person concerned is always afforded an opportunity by the Department under natural justice rules to comment on the evidence available before a formal decision is made. Where payment is refused or withdrawn, the person concerned is informed of the right to seek a review of the decision in the light of any new facts or fresh evidence and in addition the right of appeal to the independent social welfare appeals office.

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