Dáil Éireann díospóireacht -
Tuesday, 24 Oct 1995

Vol. 457 No. 4

Written Answers. - Social Welfare Entitlements.

Jim Mitchell

Ceist:

172 Mr. J. Mitchell asked the Minister for Social Welfare if his attention has been drawn to the case of a person (details supplied) in Dublin 7 who is unemployed, who had been entitled to draw unemployment assistance for the past two years while cohabiting with her employed boyfriend and had been receiving £62.50 per week unemployment assistance, and who, on her marriage, has had that amount reduced to £4.50 per week thereby losing £58 per week simply because she married although it is acknowledged that this loss is partially offset to the tune of £9 per week by the fact that her husband can now claim the married tax-free allowance rather than the single tax-free allowance; whether this penalty for marriage is sensible; whether the person concerned should continue to receive the full rate of unemployment assistance as she is actively seeking work and, if not, the plans, if any, he has to change the rules so that this impediment to marriage and discrimination against married couples is removed; and if he will make a statement on the matter. [15407/95]

Minister for Social Welfare (Proinsias De Rossa)

Cohabiting couples and married couples are assessed on the same basis for unemployment assistance. One does not have an advantage over the other in this regard. The position in relation to the person concerned is that she was paid unemployment assistance at the maximum rate with effect from 9 August 1993. While she notified the Department of a change of address in December 1993, her claim was not reviewed at that stage and she continued to receive unemployment assistance at the maximum rate.

A review of her claim was undertaken in August 1995 which disclosed that she had been cohabiting for some time. As she was cohabiting with a partner who was in employment, her partner's earnings were assessable against her unemployment assistance entitlement. As a result, she was assessed with half of his means of £115 per week. Her weekly entitlement to unemployment assistance was, therefore, reduced to £4.50, that is, the maximum rate of unemployment assistance of £62.50 less means of £57.50, rounded to £58. The revised rate was payable from a current date i.e. 20 September 1995. This is also the rate payable to one of a married couple in the same circumstances. The person concerned has appealed the decision to the Social Welfare Appeals Office.

The review of the person's entitlement would have resulted in the same outcome, irrespective of whether she had married or continued to cohabit, as cohabiting couples are treated on the same basis as married couples for the purposes of entitlement to unemployment assistance. The current social welfare arrangements reflect the Supreme Court judgment in the Hyland case in May 1989. Mr. Hyland challenged provisions in the social welfare code which gave him, as a married man, a lower rate of unemployment assistance than he would have received if he was cohabiting. The Supreme Court ruled that these provisions were unconstitutional, in view of the State's pledge in the Constitution to guard with special care the institution of marriage and protect it against attack. Following the Supreme Court judgement, the Government introduced legislation to extend the relevant provisions to cohabiting couples, so that all couples now receive the same treatment under the social welfare code. Consequently, I am satisfied that the existing arrangements are not discriminatory against married couples and do not constitute an impediment to marriage.

Róisín Shortall

Ceist:

174 Ms Shortall asked the Minister for Social Welfare if he will extend the concession currently available to widows and widowers aged between 60 and 65 years who qualify for the free schemes previously enjoyed by their late spouses, to those whose spouse had an entitlement to the free schemes but never claimed them prior to their death; and if he will make a statement on the matter. [15421/95]

Minister for Social Welfare (Proinsias De Rossa)

The free schemes administered by my Department include free travel, free electricity allowance, free natural gas allowance, free telephone rental allowance and free television licence. In 1994, a significant concession was introduced which enabled widows and widowers between the ages of 60 and 65 whose late spouses were in receipt of the free schemes to retain entitlement to those schemes notwithstanding their age and subject to satisfying the other conditions. However, where the late spouses had an entitlement to the free schemes but did not, for one reason or another, claim them prior to their death, current arrangements preclude that entitlement being retained by the surviving widows or widowers.

I accept that there is a case on grounds of equity for changing the current arrangements so as to treat both sets of widows and widowers similarly in relation to this concession. I will have this matter examined in the context of the forthcoming budget.

Róisín Shortall

Ceist:

175 Ms Shortall asked the Minister for Social Welfare if he will change the conditions for entitlement to free electricity and free telephone rental allowances to ensure that the spouses of old age pensioners who are themselves over 75 years of age are not obliged to claim an old age pension in their own right at a lesser rate than the adult dependant increase payable with their spouse's pension in order to qualify for the free schemes in question, thus resulting in an overall reduction in household income. [15422/95]

Minister for Social Welfare (Proinsias De Rossa)

The free electricity allowance and the free telephone rental allowance are available to people aged 66 years and over and to certain disabled people under age 66 who are in receipt of a qualifying payment and who are either living alone or would otherwise satisfy the living alone condition In July 1994, the living alone condition was eased to allow pensioners aged 75 or over who were entitled to the allowances to retain them when another person came to live with them.

Similarly, this concession is also available to couples as soon as the pensioner in receipt of the qualifying payment reaches age 75. In the case of the spouse of the pensioner reaching age 75 before the pensioners, the current arrangements provide that the allowances in question may be awarded to the spouse subject to satisfying the usual conditions in his or her own right. This would require the spouse being in receipt of a qualifying payment and having the relevant utility registered in his or her own name. It would be a matter for the couple themselves to decide on the most appropriate course of action having regard to their own financial and other circumstances.

The thrust of the Deputy's question is that the free electricity allowance and the free telephone rental allowance should be available to a pensioner under 75 once his or her spouse reaches 75. An extension of that nature to the allowance in question would have cost implications and could only be considered in the light of available resources.

Brendan Smith

Ceist:

176 Mr. B. Smith asked the Minister for Social Welfare if he will respond to representations made by Deputy B. Smith on 1 August 1995 on behalf of a person (details supplied) in County Cavan regarding pension entitlements; and if he will make a statement on the matter. [15447/95]

Minister for Social Welfare (Proinsias De Rossa)

The person concerned is a former Catholic priest who spent a number of years in ministry abroad in that capacity and who is seeking credited PRSI contributions for that period for the purpose of qualifying for a social welfare old age (contributory) pension.

Under current arrangements introduced in 1985, volunteer development workers who go abroad to work in third world countries are provided with social insurance cover on their return by way of credited contributions. Such workers are excepted from the payment of social insurance contributions and, on their return home, are awarded credited contributions for a period of up to five years in respect of their absence abroad. The credited contributions awarded are reckonable for all benefits and pensions under the Social Welfare Acts.

This arrangement applies to volunteer development workers who are on assignment in developing countries with the Agency for Personal Development Overseas or with other recognised sending agencies and who are paid at "local" rates of pay, usually by the governments of the developing countries. As the person in question was not on assignment with that agency or other recognised sending agencies, he is not entitled to receive credited contributions in respect of the period of his ministry abroad, and, therefore, he is not entitled to an old age (contributory) pension. He may, however, qualify for an old age (non-contributory) pension which is subject to a means test and payable from age 66.

There is no provision for the award of credited contributions in respect of periods of voluntary work abroad other than in the circumstances mentioned above. The arrangements for the award of credited contributions are kept under regular review in my Department and the question of making such provision for former religious will be considered in that context.

I will arrange for a detailed letter to be issued to the Deputy in reply to his representations.