asked the Minister for Social Welfare the authority for withholding social welfare pensions from persons entitled thereto who are absent from the State.
Ceisteanna—Questions. Oral Answers. - Withholding of Pensions.
133.
The authority for withholding payment of contributory widows' and old age pensions from persons absent from the State is contained in section 31 of the Social Welfare Act, 1952.
The authority for withholding payment of non-contributory old age pension is contained in section 5 of the Old Age Pensions Act, 1911, as amended by section 4 of the Old Age Pensions Act, 1932, while the authority for withholding payment of non-contributory widows' pension is contained in section 29 of the Widows' and Orphans' Pensions Act, 1935. The prohibition of payment of non-contributory pensions extends to all persons residing outside the State. In the case of old age pensioners who take up residence in Northern Ireland, payment continues for a period of five years from the date of change of residence or until the pensioner receives an old age pension or public assistance, whichever occurs first.
(Cavan): Will the Minister look into the position with a view to revising the regulations in so far as they apply to non-contributory widows, who, shall we say, go to reside with married children in England? The Minister's predecessor indicated that he would at least look into the matter. Will the Minister do so before the next Social Welfare Bill is introduced, with a view to meeting the situation?
It should be obvious to the Deputy that it would be difficult to operate any system other than that which is being operated in relation to non-contributory benefits, for which there is a means test.
(Cavan): We reciprocate with the appropriate Ministries in Great Britain in respect of other aspects of social welfare and perhaps we could do it in this case.
Reciprocity is simple in the matter of contributory pensions which are not affected by means tests. The difficulties of investigating whether a person in receipt of a non-contributory pension has an income are obvious.
(Cavan): Supposing it were an old lady who could not earn——
This is clearly becoming an argument.