The Social Welfare (No. 2) Act, 1985, provided for the changes necessary to introduce equality of treatment between men and women in matters of social security in accordance with EC Directive 79/7.
One of the basic principles of the 1985 Act was that unemployment assistance payments should continue to be provided on the basis of the needs of the household. Consequently, the 1985 Act provided that where both of a married couple were entitled to unemployment assistance or where one of the couple was entitled to assistance and the other was entitled to a social insurance payment or old age pension, the overall amount payable would be limited to that which they would receive if only one of the couple claimed and received an increase in respect of his or her spouse as an adult dependant.
Following a Supreme Court decision in 1989, the Government introduced the Social Welfare (No. 2) Act, 1989, to ensure that married couples were not treated less favourably than cohabiting couples. The effect of this legislation was to extend the rules which applied to married couples to cohabiting couples.
Certain other provisions within the existing code which were identified as involving less favourable treatment of married than of cohabiting couples were amended in the Social Welfare Act, 1991, so as to provide for a non-discriminatory method of dealing with the payments in question. One of the effects of these changes was to confer entitlement to cohabiting couples under the family income supplement scheme from which, in certain, circumstances they were previously excluded.
The Supreme Court decision which found provisions of the equal treatment legislation to be in conflict with the Constitution raises the whole question of the treatment of different household situations within the social welfare code. In view of the complexity of the issues involved, the Government established an independent review group to examine the social welfare code as it affects households with particular regard to the equal treatment provisions and the requirements in relation to the treatment of married couples arising from the Constitution.
The group have now completed their review of the present arrangements and I expect to receive their report shortly. In keeping with the commitment in the Programme for Economic and Social Progress, the report will be discussed with appropriate interests.