asked the Minister for Social Welfare when disability benefit at the maximum rate will be paid to a person (details supplied) in County Kerry, in view of the fact that his wife's income is only £45 per week since 1 March, 1989; whether it is intended to pay all arrears due to the person concerned; and if he will make a statement on the matter.
Written Answers. - Social Welfare Benefits.
76.
Under the provisions of the equal treatment legislation, a spouse is allowed to earn up to £50 gross per week without affecting the adult dependancy status on a claim to disability benefit. Where a spouse earns more than £50 gross per week, the adult dependant allowance is not payable and the claimant is only entitled to half the child dependant allowance in respect of any qualified children.
In this case the person concerned was paid full adult dependant allowance for his wife and full child dependant allowance for one qualified child up to 18 February 1989. His rate of payment was reduced on 20 February 1989 on receipt of a letter from him advising the Department that his wife was earning more than £50.00 per week.
The claimant again wrote to the Department on 1 March 1989 stating his wife was earning less than £50 per week. Subsequent inquiries from his wife's employer confirmed that in the period from 5 December 1988 until 23 February 1989 his wife earned £100 gross per week, including £40 travelling expenses and that from 24 February 1989 to date she has been earning £75 per week, including £30 travelling expenses. It is the gross amount which must be taken into account for assessment purposes under the social welfare Acts in cases such as this.
Because the claimant's wife is earning in excess of the £50 limit the claimant is only entitled to disability benefit at the personal rate of £45 per week plus half the child dependant allowance, giving him a total weekly rate of £50.