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Dáil Éireann díospóireacht -
Tuesday, 9 Jun 1992

Vol. 420 No. 9

Written Answers. - Equality Payment.

Gay Mitchell

Ceist:

197 Mr. G. Mitchell asked the Minister for Social Welfare the reason the £12 equality payment, which persons (details supplied) in Dublin 12 are currently in receipt of, is being terminated.

As part of arrangements made in 1986 for implementing EC Directive 79/7 on equal treatment between men and women in matters of social security, the then Government put in place a number of temporary alleviating payments. The purpose of these payments was to reduce the impact of losses arising where a spouse no longer qualified as an adult dependant.

These alleviating payments, initially £20 per week for a person whose spouse was receiving a social welfare payment in her own right and £10 per week plus half rate increases for children where the spouse has income of over £50 per week from employment, were made from November 1986 for a period of one year.

During 1987, the Government decided to continue the alleviating payments beyond the twelve month period set by the previous Government but they would be phased out over a period of time. Phasing out began in 1988 with the payments being gradually reduced each year to their present levels of £12 and £6. As announced in context of this year's budget, the Government have approved the introduction of retrospective legislation arising from the delay by the then Government in implementing the 1979 Directive. Accordingly, married women who were affected by the delay will have equal treatment arrangements applied to them retrospectively from the deadline for implementation of the Directive, December 1984, to the actual dates of implementation in May and November 1986. £22m have been provided in 1992 for these payments which will be made on a phased basis over the period 1992 to 1994.
However, arising from recent decisions of the European Court of Justice, it has emerged that the alleviating payments, which offset the effects of the equal treatment legislation, are themselves in conflict with the principle of equal treatment and cannot be continued. These payments are being discontinued therefore with effect from 30 July 1992, coinciding with the date of implementation of this year's Budget increases. Many of the families affected by the discontinuance of these payments will be entitled to payments under the retrospective legislation.
The retrospective legislation which is being provided for by way of statutory instrument under the European Communities Act will be made within the next few days and full details of the overall package will be announced at that time.
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