Dáil Éireann Debate, Tuesday - 13 November 2018
551. Deputy Marc MacSharry asked the Minister for Employment Affairs and Social Protection the changes being applied to a practice (details supplied); her plans to make changes to this practice in the forthcoming social welfare Bill; and if she will make a statement on the matter. [46571/18]
View answerThe provisions for a continued payment after death, for customers with a spouse/civil partner/co-habitant, are set out in Section 248(2)(a) of the Social Welfare (Consolidation) Act 2005 (as amended). To qualify for a continued payment, the spouse/partner must be either a qualified adult on the deceased person’s payment or a customer in receipt of a payment in his/her own right. Regulations (Article 208(1) of Statutory Instrument 142 of 2007) define a "related person" i.e. a person to whom such a payment may be made.
My Department issued internal guidelines to staff on 3 August 2018 to clarify the interpretation of the legal provisions on this entitlement, and to ensure consistent application of prescribed conditions, where relevant. The subsequent implementation of the rules highlighted an anomaly in the legislation which is being examined by my officials as a matter of urgency.
I hope this clarifies the matter for the Deputy.
