Dáil Éireann Debate, Thursday - 13 October 2022
285. Deputy Kathleen Funchion asked the Minister for Social Protection the reason that the disability allowance is means tested for couples who are not married; and if she will make a statement on the matter. [50783/22]
View answerSocial welfare legislation provides that, for social assistance schemes such as Disability Allowance, all income and capital (such as savings, investments and property other than the family home) belonging to the claimant and his or her spouse/partner, where applicable, are assessable for means assessment purposes.
This approach reflects the policy of ensuring that those with the least amount of income or capital receive the maximum available support from the State, while those with larger amounts of income, savings or property contribute, partially or fully, towards meeting their needs.
If a claimant is married, in a civil partnership or cohabiting, the means of the couple will be assessed. This is the case even if only one of the couple is actually claiming a payment.
The social welfare system has evolved over time and in response to a variety of factors, including Constitutional imperatives as interpreted by the Courts, changing social trends and EU Directives.
The EEC Equality Directive 79/9 and a subsequent Supreme Court case led to the current treatment of non-married cohabiting couples in the social welfare code. The Court ruled that it was unconstitutional for the total income a married couple received in social welfare benefits to be less than the couple would have received if they were unmarried and cohabiting. This means that for social assistance means tested schemes, married couples, civil partners and cohabiting couples are all treated in the same manner.
I trust this clarifies the matter for the Deputy.
