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Dáil Éireann díospóireacht -
Tuesday, 6 Nov 1962

Vol. 197 No. 3

Committee on Finance. - Vote 51—Office of the Minister for Social Welfare (Resumed).

Debate resumed on the following motion:
Go ndeonófar suim fhoirlíontach nach mó ná £10 chun íoctha an mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31ú lá de Mhárta, 1963, le haghaidh Tuarastail agus Costais Oifig an Aire Leasa Shóisialaigh.
—(Aire Leasa Shóisialaigh).

I was about to conclude when the debate was interrupted by Private Members' Time. I was telling the Minister of an unusual case that had come to my notice in my constituency a short time before and details of which I have already submitted to the Minister for his examination. Not having had a reply to my letter up to now, I was hoping that the Minister might enlighten me as to whether it is a fact, as alleged, that Irish nationals paying social welfare contributions in this State and employed on British ships are not entitled to workmen's compensation if injured in the course of their employment and are not entitled to disablement benefit either. If that is so, something should be done about it. I am not sure it is so, but that is what has been alleged to me by at least three persons employed on British ships trading into this country. I have submitted one case in particular to the Minister and he will have details of it in his office.

There is just one other complaint I should like to make in connection with the administration of social welfare services. I refer to the long delay which occurs in the case of old age pension appeals. I usually keep a record of any case I submit in writing giving details in support of an appeal in an old age pensions case. Very often it is six to eight months before a reply is issued or a decision made. You would completely forget the case, were it not for the fact that the people concerned continually pester you, asking if any decision has been come to. Many of these cases have been admitted after that long delay and back payments have been made. Something should be done to reduce that period of waiting. Very often genuine cases, who have been later upheld, have had to exist on home assistance or some other charity for six to eight months during which they were legitimately entitled to the old age pension. I feel sure there will be no misunderstanding of that criticism. The delay is probably due to the appeals officers being flooded out with cases and possibly there is a need to appoint further officers to reduce the amount of work.

I should like to conclude by paying a tribute to all the social welfare officers I have come in contact with, personally, over the telephone or in correspondence. At all stages I have received co-operation and explanation, so far as lay within the power of the officers to give them. I should like to express my appreciation of that.

I should like to bring to the notice of the Minister a few aspects of social welfare. First, I should like to deal with old age pensions. When a person signs over a farm or his means, he can do so only to a married son or daughter. In all other cases, the Department think very badly about granting the pension. I know of a case where a man signed over his place to a niece, and that was not accepted. The same can apply in the case of an adopted niece. This is particularly hard when a man or woman reaches the age of 70 years and is unable to look after himself or herself. In such cases, a girl might be the best person to look after the person concerned.

The Minister's experts should look into this matter and consideration should be shown for these old people. They should be allowed to sign over the place to anybody looking after them. I know of one case where a gentleman signed over his place to a second cousin. This man was married and had a large family. When the case came up before the appeals officer, it was turned down. Yet this man had done everything possible. There may have been other nearer relations, but he preferred this cousin to come and live with him and the cousin has been living with him for quite a while. It is unfair that he should be victimised and should not get the pension. If you are giving away anything, you like to give it to the person to whom you want to give it; and the Minister should allow these old people do the same.

The qualifying age of 70 years for the pension is rather high in some cases. The pension is given at 65 in Great Britain and in other European countries at 68.

To alter that situation would require legislation and it is not in order to advocate legislation on an Estimate.

Fair enough. At present if a person is 65 years of age, he can apply for unemployment assistance for the next five years and get 32/6d. If work comes, he must take it. If anything could be done to leave the situation so that he could get an old age pension in that case, it would be welcome.

The marriage gratuity is extremely good but at present one must have 156 stamps to qualify. Many girls getting married do not have that number, which represents three full years' employment, and if they could get portion of the marriage gratuity, even though they do not have their full number of stamps, it would be appreciated.

An important matter is the income level at which one may be insured. At present it is £800, but I hope the Minister is keeping an eye on the consumer price index, as it is used to judge incomes, because the Minister will find, if he consults with his colleague, the Minister for Local Government, that Minister in August last raised the income level from £800 to £1,000 for qualification for housing grants. Many would like that level to be applied to Social Welfare also. The last round of wage increases was, I suppose, one of the highest ever given and, as a result, many people went over the £80C limit. It can rightly be said that this wage increase was brought about by the increased cost of everything one has to buy, so that although the money value of the income has gone up, in fact the buying value has not gone up or only by very little. I appeal to the Minister——

You will be sacked if you keep going on like that on that side of the House.

He will not.

What he is saying is contrary to what the Minister said.

He did not say anything like that in his speech——

Hear, hear!

I would ask the Minister to raise the level from £800 to £1,000, but if he cannot go so far, I should be quite pleased with £900.

On the matter of the length it takes an appeal to go through the Minister's Department, we usually find it takes three to four months, which seems rather long. Even though payments are made back to the appropriate date, it is hard on old people who do not know what they are going to get, to have to wait. They would like a decision to be reached in a month or six weeks. Could anything be done to hurry up such appeals? I know there must be a great many of them but perhaps extra staff could be assigned to the job so that decisions could be reached fairly quickly. People are disappointed at having to wait so long and they naturally come to Deputies like myself for information. It is rather embarrassing to have to say that a decision has not been reached, that it takes rather a long time. It is hard for them to understand that. I trust the Minister will bear in mind the points I have made and see if something can be done to improve matters in each case.

I should like to say a few words regarding old age pensioners. In common, I am sure, with every other Deputy, I feel a moral obligation to consider their plight. I often think, and I am sure it must occur to many others, that there is something seriously amiss with our standards as a Parliament, if not indeed with our standards as a people. During the year, we had the experience of seeing proposals pushed through the House for very substantial increases for gentlemen in very high offices. Arguments were made to justify these increases which, whatever their application, whatever merit they may have, when you put them in contradistinction to events which occurred at the same time in relation to old age pensioners, are bound to give the public, and certainly me as a member of the public, reason to wonder if membership of the House puts us into some sort of rarefied mental condition that we lose touch with reality.

It would appear so because certainly we have not done anything like justice to the old age pensioners. I am particularly concerned with the old age pensioners receiving non-contributory pensions, most of whom live in cities, very often struggling in single tenement rooms, very often not wanted by their relatives, or in small towns similarly situated. I am not going to expand on that vast mass of old age pensioners who are in fact farmers owning land and who qualify for the pension by the device of visiting the local solicitor and making a will or settlement of their land. I have feelings on that also but I am not going to say anything about it because I suppose people have little enough without trying to deprive them of what they already have.

I ask the Minister to consider seriously in the near future doing something substantial for the old age pensioners. The half-crown given this year, I am sure he must admit in his heart of hearts, was a very poor effort. I have no doubt that the Minister is as concerned as I am about this problem. With my own experience of supporting Governments, I am sufficiently familiar with the mechanics of Cabinet administration to know that a Minister does not always get what he wants in relation to proposals he makes for the improvement of particular classes with whom he is concerned but I want him to attack this problem in future with fanatical zeal because in no other fashion can any substantial result be achieved. The entire history of this State has proved that it is only when a Minister or the individual having responsibility is charged with an overwhelming desire to do a particular job that the job is done effectively and well. Our recent history shows that, at one time in the case of housing, at another time in regard to health. I would ask the Minister to adopt a similar attitude towards this question.

I say there is something wrong with our standards. At 70 years of age, a person becomes entitled to an old age pension of 30/- a week. On average, his life expectancy would not be much more than five years. We will say that, with good luck, he may draw a pension for ten years. At the end of that period, he will have drawn £700 in old age pension, having, very probably, given from 50 to 60 years' service of one kind or another, often of the most laborious, and occasionally degrading, type to the community.

I say there is something wrong with our standards because in Volume 191, No. 6 of the Official Debates for Thursday, 13th July, 1961, there is evidence of the amount received in pension by a former member of this House whose stay was not unduly long and was marked by one event more than any other, that is a reduction in the old age pension of 1/- a week. I do not need to mention any names but I notice that he had received up to last year over £11,000 in pension for that short tenure of office, for so significant a contribution to the welfare of our community.

The matter is not relevant on the Estimate.

I merely mention it to illustrate the point I am trying to make.

If the Deputy is trying to make the point that the rates of old age pension should be increased, that is also out of order because it would require legislation, and as I have pointed out to other Deputies, it is not permissible to advocate legislation on Estimates.

With all due respect to the Leas-Cheann Comhairle——

Is this a point of order?

This is a point of order, that is, if I am allowed to make it. It has been the practice in this House in debates on social welfare to talk about the rates of pensions and to advocate increases. That has been the practice.

The Chair might point out that it has not been the practice.

If the Chair wants to change practice or tradition, that is the Chair's business.

It may have been the practice to try it but the Chair has always ruled the Deputy doing so out of order.

With all due respect to the Leas-Cheann Comhairle, it has been the practice to allow it.

It has never been allowed because it would not be in order to allow it.

If I may resume, may I say that I do not intend to press that point? I agree with Deputy Corish, but we can cover the matter very easily by talking about this Estimate and the inadequacy of what is being done under it and that, surely, is relevant. It is inadequate. Old age pensioners are the one really depressed class in our society today. It is purely in an effort to urge the Minister to do something really worth while on behalf of these people, when he gets the opportunity in future, much more than he has done in the past, that I rise at all. I have mentioned the case of one person, whom I do not know, whom I merely read about as an historical figure of a kind, to show how cockeyed our standards are; when we are dealing with people whom we regard as being in high office, how we recompense them; and the manner in which we treat the people who really matter, the people who do the hard work that keeps this country going and that produces the wealth to make it possible for us to have all that we have here, including the báinín curtain.

I should like to say that I have found the Minister and his Department in my experience over the past 12 months, to be very helpful and very co-operative in any matter which I had occasion to raise with them.

I do not propose to dwell on the question of the adequacy or inadequacy of the Minister's Estimate. The cost of living has increased, as is evidenced by the action of the Department of Social Welfare at various stages in providing the very modest additions to the amount of payments. I want to emphasise on this occasion something I have said previously and in connection with which I hope for action by the Minister. I refer to the manner in which departmental regulations are operated to deprive persons of a pension or allowance to which they believe they are entitled. There is a means test. There is no doubt about the courtesy of the officials operating the means test. I have been in touch with them in dealing with cases. Invariably, one finds oneself up against some regulation which prevents the applicant from getting the pension or allowance. The mere fact that over the years increases have been given by the House in social welfare payments is sufficient proof of the case for alleviation of the means test. I have had practical experience of dealing with cases and I find it very difficult to understand how it is that while, on the one hand, increases are held to be necessary to meet increased living costs, on the other hand, regulations are made under which the merits of an application are measured by a different standard.

I am inclined to the belief that the Department is a Department for the administration of social welfare rather than a Department of Social Welfare. A Department of Social Welfare should present the case for those who need social welfare and should be prepared to argue that case with the Department of Finance and be able to secure the benefits to which social welfare recipients are entitled.

In the past few months, the Taoiseach has informed the House and the country of the desire on the part of the Government to get owners of land to surrender these lands to their families and that it would be made easier for them to obtain old age pensions. The House is aware, but I do not know that the country is so well aware, that once the poor law valuation of his holding is over £30, the person seeking an old age pension will find himself being quizzed as to his reason for surrendering his property. That is one of the factors in Irish life impeding the transfer of property from elderly people to younger people. I suggest to the Minister that that is one of the regulations he should consider most seriously in his Department.

The level of family income used as a yardstick to decide whether or not an applicant should get a pension also needs readjustment upwards, in the light of present day conditions. I should like the Minister to tell us whether it is not a fact that at the present time the labour, keep and clothing of an adult man or woman working on a family holding is valued at something like £175 per year. If that is the standard, then we certainly are not doing much to encourage people to give up the reins and hand them over to someone else. We are certainly not giving to these people the reward to which I believe they are entitled after their life's work on such holdings.

I have in mind some cases of the type to which I refer. I am aware that there is an attitude in the country that, because of these types of cases, applicants are not perhaps as truthful as they should be with regard to their means when they are questioned by officials. I neither deny nor condone that. Life savings accumulated against death in order to meet funeral expenses should not be taken into account against an applicant for an old age pension. I know that an applicant has a right to have upwards of £700. A man and his wife may each have £700. I want to draw the Minister's attention to the fact, however, that if the applicant does not state, in the first instance, that he has got these savings, that is held against him afterwards, as if he intentionally did not disclose his means. This investigation of means is one of the least likeable features of these regulations. It imposes on an official an inquiry into the means of a private individual and his family history. I have in mind a particular case where a wife did not know of the existence of a small sum in the bank. She was penalised for her ignorance afterwards. That type of regulation certainly needs amendment. These regulations should be reviewed and amended as quickly as possible.

Again, an applicant may have a property valued in excess of £30. He may be willing to pass the property over when he comes to 70 years of age. He is immediately confronted with the fact that, if he does rid himself of the property, he is classed as having got rid of it in order to qualify for an old age pension. That is something that needs clarification. I said on a previous occasion here that we ought not to hide these regulations. They should be publicised and people should be made aware of the qualifications which will deprive them of their right to a pension. When these people reach the end of their working lives and are passing on the means by which they earned their livelihoods, and becoming partially dependent on the social welfare system of the State, they should not be made to feel that they are being harshly treated in the evening of their lives. Some get; others do not. The regulations under which these awards are made should be publicised so that these people may know what the position is. Very often in these cases, there are appeals. The departmental records will show many appeals against the decisions of local officers, but the local officers are merely implementing the regulations laid down for them.

I believe all this springs from the fact that the Minister and his Department are working within an Estimate, keeping strictly within an Estimate, and the regulations are framed in favour of the Department of Finance rather than in favour of the recipients of social welfare. The best proof of that is the fact that over the years the Department has been able to surrender substantial sums at the end of the year. In 1958-1959, there was a surrender of nearly £43,000 on old age pensions. In 1959-1960, the surrender had grown to £68,900-odd. In 1960-1961, it had grown to £228,769. I believe the Department should operate in favour of the people it is designed to help. During the year, a particular case was brought to my attention. A widow, a non-national, applied for assistance here. The children were the children of an Irish national. There was a long delay in dealing with her case, despite the fact that a foreign Government was assisting that widow in this country.

I have always felt very strongly in this matter. The operation of the means test leads to a sense of grievance particularly in the case of old people. The grievance of old persons is all the more bitter because, looking back at life's close on their efforts and their struggles over the years, they are inclined to feel much more acutely the harshness of what appear to them to be adverse decisions.

I would appeal to the Minister to look into these regulations and see whether it is not time to up-grade the standards on which this means test is operated. If the volume of the money has been increased, while its buying power has not gone up, as has been admitted here tonight—I admit it has been done to step up the amounts to these recipients—it is the best argument why the standard we apply to the means test also needs a radical upward revision. If that were done, I believe that the anomalies which exist at present and the grievances under which people labour— some of these may be imaginary grievances—may be eliminated. At least, people would understand that there are certain sets of regulations and that we cannot afford the type of social welfare for all and that there has to be a means test. People would then feel that they had not been deprived of something which their neighbours had got and to which they think they are equally entitled.

I do not think it could be regarded as repetitive to state again this year what I think most Deputies who spoke on this Estimate say in respect of the general administration of the Department of Social Welfare. I refer to the compliment that is paid, and deservedly so, to the Secretary, the various other officers and those who work beneath them or the Minister in the Department. These tributes have been paid again this year and, as I say, they are well deserved because, whilst we may appear to be angry with the Minister and his officials from time to time, I think that all Deputies in any case have reason to be grateful for their co-operation and their help when they are written to, spoken to or phoned in regard to matters which are controlled by what one could describe as a complex code of legislation, that is, the social welfare code under which we work. The help given to public representatives by the Department is typical of the co-operation we expect from the Irish Civil Service generally.

Sometimes we forget to appreciate that they are merely carrying out regulations, the orders of this House, so to speak, and merely administering the law enacted by this House, whether or not individuals in the House were in favour of a particular piece of legislation. Therefore, whilst paying tribute to the officers and the Minister for their courtesy in any dealings we may have had with them, I do not think it would be amiss to make some criticisms as a whole on the general policy of the Minister for Social Welfare.

Theoretically, we should not advocate new legislation on this Estimate but I think the Leas-Cheann Comhairle and the House will appreciate it is very difficult to talk at all on an Estimate such as this without appearing in any case to advocate new legislation. Therefore, I want to commence by saying that we are dissatisfied with the amount provided by these three Estimates for Social Welfare generally. It is not today or yesterday that we expressed this dissatisfaction. Any remarks I may make tonight are directed not so much against the Minister for Social Welfare as to the Government to induce them to decide in the near future, at least in the next Budget, that much more money will be devoted to social welfare. All of us agree that more should be devoted to social welfare and that much more could be devoted to social welfare.

At this stage, it would not be any harm to pay a tribute to the ordinary rank and file members of the Fianna Fáil Party who, I believe, induced the Government and the Minister for Social Welfare at their last Ard-Fheis to provide for many of the increases that were included in this year's Budget. Therefore, it is not out of place for any of us on these benches to press the Government, through the Minister for Social Welfare, to do much more, at least in the Budget of 1963.

I am sure it is not necessary at this stage to talk about the increase in the cost of living or the change in money values. Deputy Crinion has done that pretty well in the speech he delivered tonight. He recognises the need for an increase in the amount of money to be devoted to social welfare. So do we, and I am sure the Minister does as well. We merely want to strengthen his hand when he presents his Estimate to the Government next month, the following month or the month of January, seeking a greatly increased figure for social welfare services.

I do not want to dwell on these figures at any length but I think they are worth repeating. It is demonstrated from the figures the Government have produced that less and less has been spent on social welfare since the year 1957 and the year 1958. It is true that it is not necessary to spend more in certain directions. It is true to say, for instance, that less is needed for unemployment assistance and less is needed for unemployment benefit by reason of the fact that there are fewer registered unemployed who might be eligible for unemployment assistance or unemployment benefit.

I will spare the House explaining how the unemployment figures seem to go down so much and content myself with saying that the Exchequer and the funds of the Department of Social Welfare were saved quite a lot by reason of the emigration we had over that particular period. We were always led to believe by a former Parliamentary Secretary to the Minister for Social Welfare, Deputy Kennedy, and, certainly from the Minister for Health, when he was Minister for Social Welfare, that the Government, and they, would gladly give the money to increase substantially old age pensions, unemployment assistance and unemployment benefit, if the money were there and if the money were obtained from the public.

The money has been got from the public. There has been a tremendous increase in the money extracted by the Exchequer from the public and called tax revenue. It is estimated to have increased as between 1957-58 and 1962-63 to £136 million. That means that tax revenue has increased by £32 million. The public are now paying more in taxes—a sum of £32 million. I do not advocate, nor did I advocate over those years, that all this money should have been devoted to the old age pensioners, the sick person and the unemployed person. But, frankly, I do not believe, and the Labour Party do not believe, that a fair proportion of that increase of £32 million has been devoted to people who really needed some increase.

Of the £32 million, only an approximate £2 million was devoted to social welfare, devoted to giving an increase to old age pensioners, widows and orphans, unemployed people, sick people, children's allowances and others embraced by the social welfare code. Therefore, we believe that next year, in the next Budget—naturally, we would welcome it before that— the Minister or the Government should decide, in view of the increase in tax revenue, to give something substantial to, say, a person who is now dependent on 24/- per week unemployment assistance.

That, again, would require legislation.

I am merely demonstrating why much more money needs to be given to the Minister for Social Welfare to alleviate the distress that undoubtedly exists among certain sections of the community. Take the man who is unemployed and who is not eligible for unemployment benefit. A single man in an urban area gets 24/- per week. Some Deputies may say that this fellow is probably living in a household where the father, the brothers, or the sisters are working. I concede that there are such cases and I concede also that such a person may regard that 24/- per week as pocket money. However, there are those in receipt of unemployment assistance who live on their own, who live, maybe, with another person who is on unemployment assistance or who is in receipt of sickness benefit or who may live with parents who are in receipt of old age pensions. Such people are in a pretty bad way. They are not in a position to clothe and feed themselves as persons should normally be expected to clothe and feed themselves in this country.

We voted against the General Resolution in connection with the Budget in order to express our dissatisfaction with the amount being devoted to social welfare. Of course, the cry from some of the members on the opposite side of the House was, in effect: "You want the money but you will not vote for the means to increase it." We considered the increase too small. We were disgusted at the way these people were being treated in the light of the fact that so much money was available to the Exchequer. I do not want to flog that aspect of these Estimates. I just want to say that we expect that next year much more money will be devoted to the people for whom I have been speaking.

I am at one with Deputy Jones about the over-zealousness of some of the investigating staff of the Department. I appreciate that they are doing their jobs according to the letter of the law but they can be over-zealour. Let me give two examples of cases where I believe they are going just too fat. It seems to me that some of these officers are so zealous that they should be in the employment of the Revenue Commissioners rathere than in that of the Department of Social Welfare. They are so good at their job that if they were sent after certain people. I believe they would succeed in getting millions of pounds by way of income tax and in that way the tax revenue would become very much greater than it is.

When speaking of fraud in respect of a State service in this country, one point must come to midn. In nine cases out of ten, one hears of fraud by the poor man. Cases in the district and other courts of fraud perpetrated by the Unfortunate unemployed man are always publicised; of fraud alleged to have been perpertrated by the old age pensioner who did not disclose some means; of fraud alleged to have been perpetrated by the rural worker who, it si alleged, was signing for employment assistance while at the same time he was working. Some mercy should be shown. Let me give one example.

There is an old lady of 91 years of age in my constituency. Last week, she received a bill from the Minister for Social Welfare demanding £9 in respect of the overdrawing of pension by her late husband and £68 for an alleged overdrawing of pension byu herself. If that unfortunate woman of 91 years of age did anything wrong, she did not do it in any criminal sense; she did not do it maliciously; she did not do it fraudulently. she did not disclose — because she did not think she should disclose it — that he husband had been working intermittently over a number of years. She herself had been a cleaner, I think, for an hour or two per week in the local church, for which she got 5/- She did not disclose that, I think.

At 91 years of age, the thanks she gets from the State is a demand that she pay a sum of £9 in respect of her late husband's pension and a sum of £68 in respect of her own. The law may be administered to the letter, but what sort of feeling must that unfortunate woman have towards the State when, at 91 years of age, she is asked to pay back a sum of £77 and she is blandly asked to tell the Department as quickly as possible what arrangements she will make to pay back the £77? I do not say this in any personal sense but what does the Minister expect her to do now? Should this lady attempt to borrow the £77 from the bank? Should she attempt to get all her neighbours to sign a bill in the bank to enable her to borrow the £77 to pay it back to the Department of Social Welfare?

We hear only of fraud in respect of the Department of Social Welfare and in respect of poor people. Every year, hundreds of thousands of pounds are given out in grants by, for instance, the Department of Local Government. We never hear of a fraud in respect of a grant. I have not heard of frauds in respect of reconstruction or building grants. It is inconceivable that some frauds in that connection have not taken place in the 26 Counties.

We never hear of the Minister for Local Government asking for a refund in respect of a grant that was wrongly given or that was fraudulently accepted on foot of false information. Many grants are given by the Department of Agriculture, by the Department of Industry and Commerce, by this Department or by that Department. We never heard of cases, not do we ever hear of court cases, where people are alleged to have got grants wrongly and where there is a demand to hand them back.

On the other hand, through wrong judgement or may be because of false evidence in their applications, indsutrialist—not so much in this country but from Germany, Holland, Switzerland, America, Britain and so on— give such phoney information to the Department of Industry and Commerce or some of their agencies that they succeed in getting hundreds of thousands of pounds by way of grants. After about three months, they fold up because they have given wrong information to these Departmental officials who took them at their word. When it is found out that they have given fraudulent or misleading information, there is never any demand to get back any of the money.

The Minister for Social Welfare has no responsibility for that.

I am merely giving examples of the treatment meted out to poor people against whom fraud is alleged, whilst, on the other hand, millions of pounds are given out in grants by various Departments and we never hear a word about fraud.

For which the Minister has no responsibility.

I admit the Minister has not the slightest responsibility for it. I have admitted already that even in the case I cited, legally the investigating officer was right; the secretary was right in making the demand; legally the Minister was right. All I am trying to bring about is that there be an element of mercy and compassion in the justice the Minister feels he has to apply.

I can give another example of a blind person who, it is alleged, got a pretences, by not think there was any criminal intent on her part — it was through pure ignorance that she failed to report there was a change in her circumstances. Again, this blind woman has been asked to say what arrangements she can make to repay £268 to the Minister. It may be suggested—and I suppose it is the only suggestion which can be made—that if she is now entitled to a pension, she could make arrangement to have deducted from her pension 2s, 6d, 5s, or 10s. per week, but it will leave her in a bad way. It will also leave in a bad way the unfortunate woman of 91 years of age whom I mentioned earlier who is living on her own and who has been asked to pay back the sum of £77. Of couse, the officials cannot be expected to know the personal circumstances of these people and must apply the law, but where such cases arise, there should be some element of mercy and compassion rathere than strict application of the law as it stands.

I should like to refer to the delays which occur in making decisions. When I say delay, I am not for one moment saying that all delays are not justified. I know that certain procedure has to be applied and that inevitably delays occur. A case came to my notice revently involving the insurability of a particular worker. As a consequence of the dealy in making a decision in the Department, this man's claim for unemployemtn or sickness benefit—I forget which—was held up for a period of six or nine months. Surely a decision could have been made more quickly? I am not making the allegation in a general sense, but I do say an effort should be made to speed up decisions in respect of insurability, the means test and so forth.

Could the Minister do something to help insured persons, especially those who have occasion to apply for the benefits available under the social welfare code? Many people who come to me for assistance on social welfare matters breathe fire when speaking about the Department of Social Welfare in cases where there appear to be delays in payment of sickness benefits, particularly where there appear to be underpayments of disability benefits. In nine cases out of ten, I must confess these delays occur through the furnishing of wrong information by the applicants—a wrong number may be given or the applicant may have failed to include the towns in the address. There are cases of married men who omit to furnish the necessary information in the part of the form which asks him to describe his state or whether or not he has children. I get many cases where a number of them fill in the forms as if they were single men, ignoring the fact that they have wives and children and that there are allowances in respect of them.

The Minister should appreciate that many of these people do not feel competent to fill in these forms, simple though they may appear to us. I suppose every Deputy has, over the years, filled in scores of applications, particularly in respect of old age and widows' and orphans' pensions. In the forms through which application is made for disability allowances, it must be stated whether or not it is workmen's compensation or disability allowance that is being sought. Some assistance should be given to such applicants rather than have them coming to their local representatives. In fact, many of them do not bother going to their local representatives.

There should be somebody in the Department's local offices or in the Garda stations, as the case may be, who would be prepared to advise and assist them in the filling out of what may appear to many applicants to be complicated forms. In places where there are still insurance agents, they assist applicants for disability benefits and other things, but I do not know whether such facilities are available in the employment exchanges or in branch offices. Both the Department and applicants would be saved a lot of trouble, a lot of work and annoyance, if there were some system whereby applicants could be assisted to fill in these complicated forms.

Before I forget it, I should like to express agreement with Deputy Corish on the question of the forms which some poor people, often uneducated, have to fill in. I do not claim to be very educated myself but I am a man of experience and I must say even I have to get down to it as if it were a legal document. All these forms should be simplified. The people who draft them should be prepared to stoop to the level of the most ignorant person who may have to apply for benefits under this code instead of making it like a doctor's prescription. I am often puzzled myself by many of these forms.

Deputy Corish made the point that his Party did not object to the legislation necessary to provide the money to pay the increased pensions under the social welfare scheme. He pointed out that their objection was to the amount. I am willing to accept that on the part of Deputy Corish, but I am not prepared to accept it in respect of all the others who voted against that legislation. I am no fool; neither are many others in the House. It is an unpopular thing to vote for higher expenditure. There are thousands of smokers and drinkers in proportion to each single old age pensioner and I am pretty sure the Deputies who objected to those proposals had in mind all the enemies they would make among those thousands. I am pretty sure a number of those Deputies said that if they voted for this legislation, they would get it later on in their local pubs. As I said earlier, I am prepared to accept what Deputy Corish said in this respect because he is an honest-to-goodness, straight fellow, but I am not prepared to accept it in respect of others.

Many of the Deputies I have mentioned were only too conscious of the fact that if they voted for that £1 million extra for social welfare benefits, they would have to answer a lot of awkward questions locally. I voted for the legislation and I had to answer for it. I had to explain that the money had to be got. Then these ignorant people asked why we did not get it in some other way. It is a difficult thing, a most unpopular thing, to vote for increased expenditure and if the Opposition want it believed that they are honest about this, it would be a very good thing if they intimated each year to the Minister that if he is bringing in legislation to increase such expenditure as this, they will or will not vote for it. I feel sure the Minister will be only too pleased to be made aware in advance that no matter what he does, when it comes to the provision of the money, he will be opposed. He can then say: "I, like any other member of the House, have my Party to think about. I cannot give too much because it will mean coming to the House to pass the necessary legislation. I cannot put my Party in the fire either. I have to go slowly." Let us be honest about it. If people want the Minister to give more for social benefits, I will vote for them.

Increased social benefits are not under discussion here.

We are discussing policy anyway. It has been referred to by Deputy Corish and other Deputies. I certainly will support any legislation next year, or any Estimate next year, if the Minister wants to give extra money, but I will also support his proposals to get the money.

The question of refusing pensions to people who have a little money saved up was referred to by other Deputies. I think that is rather unwise. I could understand it in the case of a person who had a fortune saved up, but the average person can save only a certain amount in his lifetime, and then only by depriving himself of other things. A man who does not smoke, drink or back horses can save some money—not a fortune but a small sum —for the rainy day, and why should he suffer on that account I do not know, when the man who "beers" his money and is "in the red" is all right for his pension. I think that income only should be considered, unless the amount saved is very large.

Is income not fixed by legislation?

It may be.

The Deputy is advocating legislation.

As Deputy Corish said, while you may not advocate legislation, you have to appear to do so or you cannot talk at all.

The Deputy may discuss the administration of the Act. That is all that is relevant.

Other Deputies have spoken along those lines.

The Deputy should have enough of it then.

We will keep trying it or we will not be able to say anything at all.

The Minister has only to administer the law as he finds it.

He can influence new legislation.

He can, but the Deputy may not advocate it.

I am suggesting it.

The Deputy may not advocate it.

Can I suggest it?

I am not here to be cross-examined. The Deputy has been advocating new legislation since he got up to speak.

If we hope to make any progress on this earth, it is only by doing new things that we can make it.

I am telling the Deputy quite definitely that he may not advocate legislation.

I will avoid advocating it. Although I may appear to be advocating it, I will be suggesting it.

If he appears to be advocating it, it is just the same.

The only other matter to which I want to refer has been worrying me for some time. Why do not disabled people come within the ambit of the Minister's Department? Blind people do, but disabled people do not.

Surely that involves legislation?

Maybe so, Sir. That is the reason why disabled people get only 24/- a week, while blind people get 32/6d. If you say that is advocating of legislation, I shall leave it. I have a motion down and I shall have an opportunity of dealing with it. I still say they are worse off than any other section of the entire community.

I should like to raise a point with the Minister which I have several times raised by way of Question during the year. It is something which I do not think requires legislation and, therefore, can be dealt with very easily. It is the question of the average number of stamps required to qualify for a contributory old age pension. When the Act dealing with contributory old age pensions was brought into operation, an average number of stamps, minimum and maximum, was laid down. Nowhere in that Act could I find any reference to the fact that they must be put on within a certain number of years before the person reached the age of 70, and yet the regulation, as administered by the Minister, lays down that they must be put on between the ages of 55 and 70 or 60 and 70 years, whichever is the more advantageous to the insured person.

I know that the Minister, when introducing that regulation, felt that he was doing a good turn for a big number of people who might not possibly have the average number of stamps for the whole period, but nevertheless, by doing so, he prevented people who had stamped cards for 30 or 40 years, and who, because of their thrift, had succeeded in saving enough money by the time they had reached 60 years of age to start a small business or buy a small piece of land, and ceased to be insurably employed, from getting the benefit of the contributory old age pension.

Many of those people were over-ambitious and sank whatever money they had collected in some enterprise, and in a short time, found they were killing themselves and getting very little in return. When they reached 70 years of age, they had no money. They also had no stamps, and they are now dependent on the non-contributory old age pension, when, in fact, their stamps should have qualified them for a contributory pension.

It is rather paradoxical that if a person has only ten years' stamps from the age of 60 to 70 years and if he had one stamp on before he reached the age of 60, he can qualify for a contributory old age pension, but if he started to work at 20 years of age and worked until he was 60 years and had 40 years' stamps but was not in insurable employment between the ages of 60 and 70 years, according to the regulation as administered by the Minister, he is not entitled to a contributory old age pension. I would ask the Minister, as it would not require legislation because it is simply a regulation laid down by him, to reconsider this matter because it is causing very great hardship to a number of decent people.

In regard to the non-contributory pensions, I agree that there has to be some type of means test because otherwise people with very high incomes would unashamedly apply for something for nothing. We all know that, but still I feel, with a number of Deputies who have already spoken that the officials who investigate these cases go far too deeply into this matter.

I know a particular case of an old man who was in the position I have described. He started a little business when he was 55 years of age. He ceased to be insurably employed and by the time he was 70 years, he had nothing. He tried to making a living working here and there. He was a good judge of stock and he was employed at fairs to buy a few head of cattle or sheep for someone, or to sell them. For that he got the odd few pounds. When he had the money, he occasionally took on the 11 months' system a small acreage of land, usually a field of six acres. If he could raise the price to stock it, he usually did so.

When this man applied for a non-contributory pension, his application for a contributory pension having been refused, I was amazed to find that the social welfare officials who interviewed him and examined his case produced evidence at the sub-committee to prove that on those six acres of land, this old man who was almost 75 years of age was making an income of £1,000 a year. If he could do that, he should be lecturing in some university, or he should be here in the Dáil telling the farmers how to make more money. Out of six rented acres, according to the social welfare officer, his income was £1,000 a year. Of course, it was subsequently found that what the social welfare officer had done was to go from saleyard to saleyard and assess the number of cattle and sheep he had bought and the number of cattle and sheep he had sold and arrive at the conclusion that his income should be £1,000 per year.

That is the type of thing the Department of Social Welfare should seek to cut out. That official thought he was doing what he was supposed to be doing. I believe he was one of these people who was conscientious about his job, but it was quite evident to everybody, even to himself, when the matter was brought to law, that he had made a bad mistake. I suggest the Minister might discreetly pass the information along to his investigating officers that their job is not to go outside the usual investigating channels for the purpose of doing everything to deprive some poor person who has got nothing to eat from getting whatever few shillings he will get by way of non-contributory old age pension.

The question of the long delay in appeals has been mentioned. I do not know what causes it. I am sure the officials are as anxious as we are to see the appeals dealt with quickly, but it is a fact that very long delays occur particularly in old age pension appeals. I was notified of a case less than a week ago in connection with a contributory old age pension where a person has been awaiting a decision for almost 12 months. Surely it should have been possible to give a decision in a shorter time than that?

The same thing applies to unemployment benefit appeals. I have an instance of a man who was disallowed unemployment benefit because the work he was doing was cutting hedges and some Department welfare officer got the impression that the amount of hedge which had been cut did not represent the number of weeks which was supposed to have been spent on it and he said a number of stamps, two, to be exact, were fraudulently put on the card. As a result, the man was disqualified. He appealed, but since May, he has been attempting to get a decision and, since May, has an income of nothing. I met him yesterday in Navan and he told me he had been hungry; he had reached the stage where nobody would give him credit; he could not borrow money, and so he has nothing. It is not good enough to be told the case is coming up for appeal shortly. After all, we are dealing with human beings, not with animals, and that is not the right way to deal with these matters. The Department should endeavour to have these matters dealt with more quickly. There may be some reason why these matters are held up but it would need to be a very good reason to justify such delay in the case of an unfortunate man depending on such assistance.

The same thing occurs in regard to unemployment assistance. Somebody applies for a qualification certificate. The investigation into the qualification certificate may take a considerable number of weeks—usually, not months in this case—but when the qualification certificate is eventually issued it applies not from the date of the application but from the date on which the decision was made, which means in some cases a married man with a family is left without any income over a period. That is not right; possibly there is some regulation which covers that. If there is, it should be changed as quickly as possible.

There is also the vexed question of the three days' waiting period. I know that when moving from one benefit to another, say, from benefit to assistance, that no longer exists, but it is a hardship on the man who is unemployed and who has to wait for three days. That matter may require legislation and I shall not press the point.

Another type of case is that of the person who is ill and the investigation officer comes as a result of a complaint, possibly from a neighbour, that the person has been working; it may in fact be one of those poisonous cases we find from time to time. The next thing we find is that that person is deprived of benefit. It is a grave hardship, for instance, where a single woman in poor circumstances is deprived of such benefit because a neighbour has complained that she has been working. It is not true, of course, but for a period of perhaps four or five weeks that person's benefit is suspended. When it is discovered that a mistake has been made all the money is refunded, but I do not think that is good enough. That is not the way to handle this matter. When some people are ill, they need assistance much more than those who are in their full health.

In regard to old people living on their own, it would possibly require legislation to enable their old age pensions to be increased, but surely something should be done about persons living on their own and receiving an old age non-contributory pension of 32/6 a week; if they go to the county home, being no longer able to live on 32/6 a week, the local authority will have to pay at least £3 10s. per week for their keep there. One cannot say: "That is all right; that comes from the local authority, not the State." It has to be paid out of the national income and that is a matter which eventually will have to be considered.

Officials of the Department of Social Welfare are the most courteous people I have met in my time in public life. It does not matter what I have raised with them or how much trouble I have put them to—and I have put them to considerable trouble over the years—from top to bottom, they have given me nothing but courtesy. If they can help, they do so and if they cannot help, they say so, without going backwards and forwards. I say this particularly because there is an impression around the country that the Department officials in Dublin are there for the purpose of preventing people from getting what they are entitled to. My experience has been the direct opposite. My experience is that they do everything possible to help those who are depending on them.

There is an awkward point in this connection, that when local agents are removed, for one reason or another, the people who are drawing disability benefit have then to deal directly with head office. That, as Deputy Corish said, is a bit of a snag because the people who up to now have got assistance from these agents in filling up their certificates now find they have to do it themselves. Apart from that, the system seems to be running smoothly. I have never had to approach the Minister except across the floor of the House, so I do not know whether he would receive me courteously or not—I am sure he would—but his officials are most courteous people and I am very grateful for the way in which they have dealt with the numerous problems I have brought to them from time to time.

Since we cannot advocate an increase in this Estimate, our field is very limited indeed. All we can do is to give the Minister the benefit of our experience with regard to the routine clerical work of his Department. We all have experience of how the Department works but I cannot see why a person who makes a claim under the Social Welfare Acts in the city of Limerick must have his case sent to Dublin before a decision is made. I see no reason why these claims cannot be dealt with locally so as to avoid all the unnecessary delay and all the calls we have from people whose claims for social benefit are delayed from one week to three months. The local man has the local knowledge. He knows how these people live and I believe he is the man who should be asked to give a decision in each case. That is not the position. Everything has to come to Dublin, even the certificates of unfortunate people looking for sickness benefit have to be sent to Dublin. Why that is so, I cannot understand. It is about time the Department woke up to the fact that if we want to decentralise, if we want to keep people employed locally, it is the duty of the Department to take the first step.

At the moment, we have what is more or less a reformation going on within the Department. Officials are being transferred for economy reasons; offices are being closed; investigation officers who have spent years in particular areas are threatened with transfer and investigation officers who waited on people in their offices, besides doing their own work, are now being sent out and the offices are being closed down. I do not believe that it is a good step or that it is any advancement. We are there to serve the people and the unfortunate people who come to look for social welfare benefits are the people who must receive our first attention. These are the people who cannot look after themselves; these are the people who, when they make a claim to the Department, get back an acknowledgement in Irish and do not know whether what is in the acknowledgement is Greek or Latin. They have come to me and asked me: "What does that mean?" When we are dealing with a certain standard of people, we must come down to their level. It is hard enough to look for the dole or for other assistances without being put to all this round about trying to get what we are justly entitled to.

What happens in the meantime, while these claims are being held up? The people come to us in the local authorities for home assistance and we have to go to the dispensary and pay out that home assistance from the ratepayers' pockets while the delay is going on in Dublin. Sometimes when the claim is settled, there is some repayment made, but it is not made in all cases. If these matters were dealt with locally, all that delay would be avoided, a delay which is unnecessary.

I have another problem to put to the Minister. In Limerick, the general rule applies that you must have a three-day waiting period. Why that is so, I do not know. If a man is idle for one day, or two days, or ten days, he should be paid on the day he makes his claim. If he is idle on Monday, he should be paid on Monday and should not have to wait until Wednesday or Thursday when his three days are up. The stupidity of that is illustrated by this example. In Limerick, a man may be working at the docks. He is idle on Monday and goes to the labour exchange and signs on. He is idle on the Tuesday and also signs on. On Wednesday, a boat comes in. Now what is he to do ? If he goes to the day's work, he gets his £2 12s.6d. for the day and breaks his claim. If he does not go to work and signs instead, he gets three days' money. It is much easier for him to give up his day's work and sign on at the labour exchange. He will get his three days and his claim will be kept alive, whereas otherwise his claim will be broken. That is a matter of grave importance and I hope I am impressing the Minister with regard to it.

Another matter which I want to bring to his attention is the question of maternity gratuities. A certain sum is set aside for maternity gratuities but no provision is made for two, three or four births—the same amount is payable. Surely anybody with any intelligence, or who is even threatened with intelligence, will understand that the same amount should not apply to one birth as to four births. There is also the question of appeals which go on and on and are held up for days, weeks and months and the unfortunate person does not know where the next shilling is to come from. All the time he is with the home assistance officer trying to get a few shillings home assistance. While an appeal is pending, payment should be made. If I am up on any charge in law and if I appeal, I am still an innocent person. Why can we not apply the same rule to the unfortunates living on 30/- and 50/- a week? These are the people who must have our first consideration.

As I have said, our field on this Estimate is limited. We would have many things to say on this Estimate and many complaints to make, but as I have said, I want to give the Minister the benefit of my experience. I want to see injustices righted and I want to see those unfortunate people who are in need of assistance and help getting it.

I have listened to the speech made by my colleague, Deputy Jones from West Limerick, who dealt in a very comprehensive way with the means test. I thoroughly agree with him that the time has arrived when there should be a complete recasting of the whole situation. He cited instances in regard to holdings with a valuation of £30 which can be made over to members of the family and, by so doing, the old age pension is automatically payable, whether it is the father or mother, singly or jointly. He went on to make a point that the ceiling of £30 valuation should be raised to bring many more people within the same provisions as are being applied in the case of the £30 ceiling, that is, where holdings of £30 have been conveyed to younger members of a family, and argued that it should not be the policy of the Department to hold that against the claimant as having been done solely for the purpose of claiming the old age pension. I consider that that is a sort of penal clause unjustly operating against such people.

I want to convey one point emphatically to the Minister. It is in connection with the means test as it has been applied here over the years. This has been handed down to us from the British days when the old age pension was first introduced here. At present if a claimant has, outside of property, any money in the bank or post office as a result of a strenuous savings campaign over the years, the first £25 is excluded. The next £375 is calculated at five per cent. In other words, the £375, plus the £75, is calculated to be an income of £18 15s. The Department then intervene in a most vigorous manner to the detriment of the thriftiness and hard work of people who have laboured over the years to put aside a small amount for the eventide of their lives. The next £100 above that £400 is calculated by the Department at the rate of ten per cent. We have the £375, with the £25 excluded, calculated at £18 15s. If the person has £100 extra, £10 is recorded as means. The same applies to the next £200 and so on. Anything above £400 is calculated at a rate of ten per cent.

Could the Minister alter that otherwise than through an Act of Parliament?

I do not think so. It is a ministerial regulation.

It is a statutory means test.

It is a statutory regulation.

And it requires the enactment of law to change it?

Then I am precluded from advocating the introduction of legislation relating to social welfare?

The Deputy is precluded from advocating it now.

I think I have made my point perfectly clear and I hope the Minister will take notice of it. It is a matter that should receive the urgent attention of his Department. A Deputy quoted figures here showing that in the last financial year, there has been a saving of £200,000 on the Minister's Estimate. While I appreciate we cannot allow Ministers to be headlong spendthrifts, this Parliament provided a certain sum to meet old age pensions. If there were a relaxation of the penal enactment I have referred to, there would not be that money to spare.

I shall not dwell on the points Deputy Corish made about the inadequacy of what this Government provided for social welfare. I was amazed to hear him say that the Labour attitude on the Budget vote earlier this year, when they voted against an increase of £2 million for social welfare, was that the amount was not sufficient. I should like to tell Deputy Corish and his colleagues that, when they were in office, their contribution to social welfare was not what the people expected from a Labour Minister for Social Welfare.

It was a bigger percentage than they got from you.

I shall leave the people to judge this matter for themselves. I intervened in this debate to make my point in connection with the means test. However, I have been precluded from developing it further because I should be advocating legislation. I hope the Minister will note my remarks and will bring about a change in the pattern of the means test.

One thing that is clear from the debate—indeed, it has been clear to me in any debates on social welfare—is that everybody in this House, speaking on social welfare matters, is apparently in favour of very greatly increased expenditure on social services. The main criticism was the inadequacy of the rates of benefit. I am not an odd man out in that regard. I also should like to see people who, through no fault of their own, meet with the different misfortunes, provided against to some extent by our social welfare legislation, dealt with as generously as possible. I am quite sure my colleague, the Minister for Finance, is the same. But we are in the position that we have to face up to the problem of providing that money.

While my consistent experience in the 12 months I have been Minister is that Deputies are all in favour of increasing the amounts to any figure you can think of, so long as it is a substantial increase, I have also had the experience that the Deputies opposite, without any exception, will oppose any proposal to raise the money to implement even the smallest increase, even what has been described as the "miserable increases" given this year. Of course, they were not miserable increases; they were substantial increases, and they involved the raising of the money to give them. As I pointed out when speaking on the Social Welfare Bill, by the provisions made in the Budget this year and the additional provisions made in the Social Welfare Act, 1962, the Government have arranged for an extra sum of £4.2 million to be made available in a full financial year for the recipients of social welfare. As I said before, I consider that to be a considerable effort in the re-distribution of national income in favour of people who find themselves dependent on the services administered by my Department.

Deputy Corish said his complaint was that there was so much available to the Government to disburse at Budget time and so little was given to recipients of social welfare. I will admit that when I first became Minister for Social Welfare, I was aware of the fact that the prosperity of the country was increasing. I looked forward to a budgetary position in which there would be some of this huge amount Deputy Corish referred to available to me to distribute to the deserving people depending on social services. But by the time the Budget came along, I found that the buoyancy of revenue that followed the change of Government had, in fact, all been swallowed up and that there was no money available to the Minister for Finance to distribute to anybody and that these very considerable increases we gave this year involved the levying of new taxes in order to make the money available.

The extent to which we came to the aid of recipients of social services this year is much greater than ever before. Deputies have referred only to the 2/6 given to the non-contributory old pensioners here and also during the Budget debate and the debate on the Social Welfare Bill, but in fact we went over the whole field of social services and gave increases in every single one, with the exception of children's allowances. We dealt with old age pensioners, recipients of unemployment assistance, the widows and orphans, contributory and non-contributory, recipients of unemployment and disability benefit and contributory old age pensioners. We gave substantial increases over the whole field and that was never done before except by a Fianna Fáil Government.

While it is good to see everybody here filled with the milk of human kindness, so long as there is no question of raising the money, it is still relevant to point out that when it comes to the critical issue and when it is necessary for the Government to provide money for increases, Deputies opposite sing a different tune. I was glad that at least one Deputy on the opposite Benches on this occasion overcame the coyness that has afflicted them in all my experience in dealing with this matter in regard to every other social service except non-contributory old age pensions. Deputy Corish actually showed some concern on this occasion for unemployment assistance recipients also. That concern was never evident when Deputies opposite were in Government. In fact, everything that has been done in regard to unemployment assistance was done under Fianna Fáil. No increases have ever been given when other Governments were in office and not only have we given increases ourselves, but we have made up the leeway in regard to the relationship between unemployment assistance payments and the cost of living that arose due to neglect during the Coalition periods of office.

You also made up the cost of living.

When in Government you must face the responsibility of finding money for these things. I do not want to give the impression that I am by any means complacent about the level of social welfare payments, but I think it is right to point out that we have been gradually improving the position of recipients of all forms of social welfare payments relative to the cost of living in our period of office and Deputies need have no worry about our continuing to do so to the best of our ability, continuing to effect relative improvement in that respect and to see that social welfare recipients do not fall behind in relation to the improvement in the national income that is still taking place. Personally, I think it is a pity that the organised workers, the State servants in this case, had by their claims for increased salaries, largely swallowed up the buoyant revenue on which I had counted to be able to draw for this purpose.

I have no complaint in regard to the manner in which this Estimate was debated. It is good to see Deputies concerned about people depending on these schemes and I have no complaint that the criticisms made were unfair, but it is a pity that Deputies should appear to condone the concealing of means by people applying for these services. The Oireachtas has not felt able, or possibly not disposed, to make these services available without a means test and the means tests that are there are statutory. It is the duty of my Department to administer them and the duty of the social welfare officers to ask claimants for the assistance services questions which will establish whether they comply with the requirements laid down by law. It is the duty of the people asked these questions to reply truthfully and in cases where they have not done so, it is surely the duty of the Department to try to safeguard public moneys and to make it clear that it is advisable to answer these questions truthfully.

It is a pity Deputies would not use occasions such as this to impress on people that they should make full disclosure of means rather than make it appear that, in the opinion of a great number of Deputies, it is no great misdemeanour to obtain these moneys by concealing the fact that one has means.

Deputy Jones mentioned that the means test was an objectionable thing. I agree, and it is objectionable that it should be necessary to ask these questions——

The means test, as administered.

It would appear, then, that the allegation is that the officers of my Department who are charged with the responsibility of administering the means test are administering it otherwise than in accordance with the laws passed by the Oireachtas. I do not think that is true.

That is not the allegation and the Minister knows it.

I do not know what the allegation is. You can only administer according to the law or according to some other standard, and the only legimate standards are laid down in the Social Welfare Acts.

Will the Minister publish those?

I heard complaints that the social welfare officers were apparently a class of people who tried to go beyond that, who concentrated on endeavouring to save money, if you like, with the result that people were being deprived of what they were fully entitled to and what the Oireachtas intended them to get when they passed social welfare legislation. In case that might be true, one of the first things I did when I became Minister for Social Welfare was to make it quite clear that social welfare officers had a dual responsibility to see that people did not obtain what they were not entitled to and to see that people obtained what they were entitled to receive. On 12th December, 1961, I had a circular issued to that effect and I was not very long Minister for Social Welfare at that time. It said:

It is hardly necessary to remind officers that they must always endeavour to ensure that the various Acts and regulations administered by the Department should be complied with. This means not only that those not entitled to benefit should not be able to obtain it but what is equally important that those who are so entitled should be able to obtain what is due to them without difficulty or delay. The Minister wishes it to be known that it is his particular desire that officers of the Department should give every help to members of the public to obtain whatever social welfare benefits they may be entitled to under the Acts and regulations. The Minister also wishes to emphasise that in their dealings with the public, whether by way of correspondence, telephone calls or interviews, the officers shall show that sympathy, understanding and courtesy which the public rightly expect from officers of a Department concerned, as our Department is, with social welfare.

I have no reason to believe that the officers act in any other way and I was glad that at least one Deputy, Deputy Tully, put it on record that that was his experience. Of course, I know Deputy Jones also said that they were very courteous but I think the implication was there that they concentrated on the preventive aspects of their work rather than on the helpful aspects, that is, to ensure that people get what they are entitled to get. I do not think that is happening. I believe that the social welfare officers generally are conscientiously administering the law as passed by the Oireachtas.

A number of Deputies criticised the means test in itself and advocated, I think, a relaxation of the means test. I admit that the means test is an objectionable thing but it is essential in order to ensure that the money made available goes to those people for whom the Oireachtas intended it. I want to make it clear that proposals for relaxation of the means test are proposals for extra expenditure and, as I have said, I, as Minister for Social Welfare, am interested in extra expenditure when it is possible to obtain extra money. I am anxious to increase benefit rates but I am far from agreeing with a number of Deputies who think the most important thing to do is to relax the means test.

I have to ask myself the question: if I got the amount of money necessary to abolish or relax the means test, would that be the most equitable way to apply it? While the means test is objectionable, I do not think that would be the most urgent thing. A proposal to expend money in relaxing the means test is, in fact, a proposal to give something extra to people who have something already. Surely it is more equitable to use whatever money becomes available for social welfare in raising the rates of payment of the various assistance services rather than to spend it in a discriminatory way which would result in the extra amount being available only to those who already had some means of their own? By applying it to a raising of the rates and, if necessary, extending the means scale, you ensure that the money is distributed equitably and that those who have no means, apart from the old age pension or other social assistance, get their due share of whatever money is available.

My views on this matter would be more in line with Deputy Dunne's than those of some of the other speakers. It is not feasible in our circumstances to make the non-contributory old age pension available without a means test. That being so, I think we should concentrate on raising the rates rather than on distributing the money to people who already have some means.

I hope I have not been unfair to the Deputies who criticised the administration of the means test. I do not mean to be unfair but I am satisfied that the means test is not being administered unsympathetically. The social welfare officers can be only as sympathetic as the law allows them to be and there is no use in people asking them to strain a point. For instance, the suggestion that when the Department finds that there will be a saving on the estimate for non-contributory old age pensions, the saving should be used up in some way, could only be acted upon by distributing the money in contravention of the laws that exist. No Minister could instruct his officials to ignore the statutory regulations.

As I have said, some Deputies, including a former Minister, Deputy Corish, spoke very feelingly on this question of the Department demanding repayment from people who have obtained benefits to which their means did not entitle them, and taking every possible step to get the money back. As I have already indicated, I think that was a pity, particularly coming from a former Minister. It was suggested that it should be possible to deal with cases such as that with an element of compassion. Of course, I am quite aware that practically every case in which some such defalcation is discovered is a compassionate case and if that discretion were there, the result would be that there would be no effort made to recoup money wrongfully obtained from the Department. There would be chaos and it would be impossible to exercise any control over the money expended on social welfare. I ask Deputies, then, to try to emphasise to people that it is in their own interests to make a full disclosure of their means, in the first instance, and to do nothing that might indirectly encourage people not to disclose those means fully.

There was criticism of the manner in which savings or capital money is assessed for non-contributory old age pensions. I must say that I also, when I saw that, felt there was something unrealistic about the way in which it is assessed but on looking into it, I find it is not an unrealistic or unfair way. If a person who has some money in the bank or in the post office decided to purchase an annuity with that money which would be payable to him for the rest of his life, he would at the age of 70 be able to get a greater return from it than the amount assessed as its annual value by my Department at the moment. The relevant regulation does not provide for its assessment in a way which would make it feasible for the man to retain the money for passing on to his heirs. It does assess it at a lesser rate than what the man could obtain by purchasing an annuity but then, of course, it means he will not have it available for passing on.

But he is only holding this in trust for his family. Does it not happen on numerous occasions?

The money is either his, or it is not. If it can be established that the money is not his, then, of course it is not assessed against him.

A question was raised with regard to the handing over of farms. There seems to be an impression that the transfer of a farm is accepted for social welfare purposes, only if the transfer is to a son or a daughter. That is not necessarily so at all. A transfer to any relative, or even to a non-relative can be accepted, provided it is clear that the transfer is not just a device in order to obtain a pension.

It must be out of natural love and affection.

If the person concerned can establish that he is no longer capable of working the farm, then the transfer will be accepted, even if it is not to a relative.

Deputy Crinion asked about the £800 limit in relation to non-manual workers. This limit was raised from £600 to £800 in 1958. At that time, the new limit was substantially more than would have been required for strict conformity with the original limit which, up to 1952, was £500. The maintenance of that relationship is constantly under review. At the moment, we are considering whether or not there is a case for raising the limit further.

Deputy Kyne raised the case of an Irish seaman serving on a British ship. All such cases are fairly well covered. If we find there is a particular type of case where the person is not covered under either our code or the British code, we will examine the position to find out what is necessary. The reciprocal agreement may require to be revised in some respect. I am not aware of that being necessary at the moment. It may be that Deputy Kyne has come across a case which makes some revision necessary. The matter will be examined and, if it is desirable, steps will be taken to remedy the position.

I have explained on a number of occasions to Deputy Tully why the conditions with regard to the average number of stamps for contributory old age pensions had to be imposed and why it is not possible to go back over a very long period to assess the average. There is a practical difficulty. After all, contributions in respect of contributory old age pensions became payable only from January, 1961. Surely it was as much as could be expected that we should go back and allow stamps put on over the past 10 or 15 years prior to the person reaching the age of 70 ?

The Minister will admit there are hardships from the point of view of people who stamped cards for 30 or 40 years ?

Of course there are but it must be remembered that everybody who went out of compulsory insurance at any stage was entitled to remain on as a voluntary contributor. Admittedly, he did not know that at some future date there would be a contributory old age pensions scheme. But he had the opportunity. Some availed of it; others did not. I do not see that we could reasonably be expected to go any further, particularly when there would be practical difficulties in administering the scheme, were we to go further back.

Would the Minister agree that the statutory regulations are made by the Minister and, secondly, would he say if the standard on which the means test is calculated has been adjusted as often as it has been found necessary to adjust pensions ?

The means test has been adjusted on a number of occasions. As I said, the relaxation of the means test is not the most urgent matter from the point of view of non-contributory old age pensions. I know there are a number of Deputies who do not agree with me in that ; they appear to think the most urgent matter is a relaxation of the means test. I believe the most equitable thing to do with any money available to me for non-contributory old age pensioners is to raise the rates of pension so that the money will be distributed to those who have no means as well as to those who have some means.

The regulations are made by the Minister.

They are statutory regulations laid down in the Schedule to the Act and it would require legislation to alter them.

Vote put and agreed to.
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