Phil Hogan
Ceist:69 Mr. Hogan asked the Minister for Social Welfare the number of persons in receipt of contributory widow's pension and contributory old age pension in County Kilkenny.
Written Answers. - Social Welfare Benefits.
It is estimated that at 31 December 1993 there were 1,423 widows in receipt of a widow's contributory pension and 1,028 people in receipt of an old age contributory pension in County Kilkenny.
Bernard Allen
Ceist:70 Mr. Allen asked the Minister for Social Welfare if he will restore the £35 maintenance order to a person (details supplied) in County Cork who is in receipt of £35 for maintenance under a Circuit Court order made by the Cork District Court and who is obliged to have that maintenance money payable to his Department even though she is only in receipt of £79.10 per week for herself and her teenage child.
The person concerned is in receipt of deserted wife's benefit from my Department at a rate of £84.10 per week (including a fuel allowance) for herself and one dependent child. She was awarded £35 per week maintenance under the Family Law (Maintenance of Spouses and Children) Act, 1976 in the Circuit Court on 3 April 1990.
The "Liability to Maintain Family" provisions contained in Part IX of the Social Welfare (Consolidation) Act, 1993 specify the obligation on people to maintain their spouses and children. Under the legislation, where a marriage breakdown occurs and a family is dependent on a social welfare payment, the person who is liable to maintain that family must contribute to my Department towards the cost of the family's income support. This liability may be offset by the transfer to my Department of any maintenance payments which they are making to their spouse in compliance with an order of court.
When the person concerned was awarded deserted wife's benefit her husband became liable to contribute to my Department towards that benefit. Because he is paying maintenance on foot of a court order the legislation requires that the moneys payable to the court must be transferred to my Department to offset his liability. The first payment was received by my Department from the District Court at the beginning of February 1994.
The ability of the husband of the person concerned to make further contributions to my Department will be assessed now in the light of his income and household circumstances. The person concerned will continue to receive her deserted wife's benefit in full each week from my Department while she meets the qualifying conditions.
Bernard Allen
Ceist:71 Mr. Allen asked the Minister for Social Welfare if he will reconsider the case of a person (details supplied) in County Cork who never knew that she could claim old age pension even though she was in receipt of widow's pension, as a result of which she lost the difference between the widow's pension and old age pension for the past nine years and has now received a total of £137.60 retrospective payment for six months only; and if he will now rectify the moneys lost to this person through no fault of her own, but because of her lack of knowledge of the system and his Department's failure to inform her of her rights to the old age pension even though her age was registered on the files of his Department.
The person concerned was awarded widow's contributory pension in 1970. She attained age 66 in December 1985. However, she did not apply for an old age contributory pension until September 1993. She was awarded an old age contributory pension at the maximum rate of £66.60 with effect from 25 June 1993— three months prior to the date of receipt of her application — plus appropriate fuel allowance.
Under the regulations governing the old age contributory pension scheme, a person should apply for pension within three months of reaching age 66. Where a late claim is made, the pension may be back-dated by three months. Where the claimant provides good cause for the delay in submitting the claim payment may be back dated for a maximum period of six months prior to the date of claim.
The person concerned qualified originally for widow's pension on the basis of her husband's insurance record. She had no social insurance contributions in her own right prior to that time. She worked for a number of years after she became a widow thereby building up sufficient insurance to qualify her for old age contributory pension in her own right.
In view of the circumstances of this case I have arranged to back-date the award of old age contributory pension for six months prior to the date of her application — the maximum period allowed under legislation. The additional arrears of pension will be issued to her shortly.