asked the Minister for Social Welfare whether arrangements will be made that where a social welfare officer certifies that, because of alcoholism or other reasons, a married man in receipt of social benefit or social assistance is unable or unwilling to maintain his wife and/or family, all or part of the benefit or assistance will be paid, subject to a right of appeal by the husband, to the wife or, where the responsibility of the household has fallen on one of the older children, to that child.
Ceisteanna—Questions. Oral Answers. - Social Welfare Payments.
13.
Under social welfare legislation the claimant who satisfies the conditions for receipt of benefit or assistance is statutorily entitled to receive payment, including any increase of the benefit or assistance that may be payable in respect of dependants. Where a claimant is unable to act the Department has power to make arrangements for payment of benefit or assistance due to a person acting on his behalf. In the majority of cases claimants are competent to look after their own affairs but if a claimant wishes he may have a person nominated by him appointed to act as agent. In the case of married men their wives would normally be the persons nominated to act. I accept that difficulties can arise where, for one reason or another, a beneficiary does not contribute to the support and maintenance of his dependants and is unwilling to make arrangements in this respect. The Department have in the past been successful in arranging ad hoc settlements in some such cases, in which, of course, in the last resort, the wife may also obtain a maintenance order from the district court. This particular problem has, however, been under examination in my Department with a view to seeing if power to enforce a suitable solution compatible with the rights and interests of all the parties concerned could be legislated for. The matter is complex and one which, in view of the fundamental issues involved, requires careful consideration.
Could the Minister say when we can expect some conclusion? Complex it may be but, if the lawyers and the Minister's advisers concerned sat around a table on a couple of occasions, they should be able to hammer out some solution. Is the Minister aware of the incredible hardship caused in homes where there is a problem of alcoholism and the entire social welfare benefit money is drunk and there is nothing coming in?
The right of the individual to receive the benefits to which he is entitled is the important point here and one must be very careful as to the extent to which he may trespass on that right.
Where does that right come from?
From his qualifications and entitlement to receive.
Under legislation passed by this House?
And so long as the beneficiary is mentally and physically capable of asserting his rights, I am afraid that under common law we could not interfere with those rights.
Would the Minister not agree that we made the law and we could equally well change the law?
We decided wrongly that social welfare benefits, including dependency allowances, should be paid to the husband regardless of whether or not he drinks all the money. We could equally well decide that all or some part of it could be paid to the wife and there is nothing stopping us except the Minister's disinclination to introduce legislation.
This matter has been discussed before. When the contributory pension was before the House it was stipulated that certain parts of the benefit may be paid to the dependants in certain circumstances and the right of the person to his own benefit was held very strongly by some Opposition Deputies.
Would the Minister not agree that part of the benefit is for the wife and children? The Army pays two separate cheques, one to the wife and one to the husband.
I did say we were examining the possibility of introducing legislation to make this possible. I should also say that the number of such cases is small. The cases are few.
How can the Minister say that? We are surrounded by such cases.
I am speaking of the number in which we have not been able to make ad hoc arrangements.
That is nonsense.
It is not nonsense. It is a practical difficulty.
Every Deputy knows otherwise.