Dáil Éireann Debate, Tuesday - 22 September 2020
42. Deputy Mark Ward asked the Minister for Social Protection the process for a husband and wife to separate their social welfare payments from their spouse; if the husband and wife have to agree; and if she will make a statement on the matter. [25081/20]
View answerWhere the circumstances so warrant it, separate payments in respect of a primary social welfare payment can be made and the statutory power to do so is provided under section 244 of the Social Welfare Consolidation Act, 2005 and associated regulations. Separate payments are usually made where it is likely that the amount of the social welfare payment payable will not be used for the support of the entire family unit. In general, the payment of any increases in respect of a dependant qualified adult and any child dependants may be made separately to the qualified adult concerned. While the appropriate personal rate would, in most circumstances, remain in payment to the claimant of the relevant scheme, in certain situations where the couple are still living together, a payment arrangement can be put in place whereby each of the couple receives half the total amount payable in respect of the family unit. An application to make a separate payment is normally made in writing to the Department from either the claimant or his or her spouse. An officer of the Department will then make a determination on whether the circumstances of the case warrant a separate payment. The governing legislation does provide my Department with the discretionary power to alter a payment arrangement without authorisation from the claimant. However, the Department’s guidelines on this matter are clear that every effort should be made by the officer concerned to seek the consent of the claimant in advance of issuing separate payments. If the need arises, a Social Welfare Inspector may be asked to visit one or both of the couple concerned to establish what the most suitable arrangements might be in terms of the payment arrangements. Consideration may also be given as to whether it would be more beneficial for a spouse or partner to claim a payment in his or her own right. While the numbers of such payment arrangements are not significant, the circumstances leading to the issue of separate payments can be of a very difficult and sensitive nature. If the Deputy is concerned regarding a specific case, I would ask that he bring it to the attention of my officials. I hope this clarifies the matter for the Deputy.
