Written Answers. - Social Welfare Payment Criteria.
Robert Molloy
Ceist:
34
Mr. Molloy
asked the
Minister for Social Welfare
the guidance or advice his Department has issued to deciding officers within his Department regarding the criteria used to define a co-habitation relationship; and if he will make a statement on the rules and/or advice issued to welfare staff.
[1317/96]
Noel Davern
Ceist:
40
Mr. Davern
asked the
Minister for Social Welfare
the precise audit steps taken by his Department to validate the family status of beneficiaries of the deserted wife's benefit and the deserted wife's allowance.
[1302/96]
I propose to take Questions Nos. 34 and 40 together. The issue of co-habitation is of relevance mainly to deserted wife's benefit and allowance, lone parent's allowance, contributory pension for widows and widowers and the widow's non-contributory pension.
As well as satisfying the cohabitation conditions, the following conditions also apply to an applicant for deserted wife's benefit or deserted wife's allowance: she must be deserted by her husband for at least three months; she must not be adequately maintained by him; she must have made appropriate efforts to secure maintenance. In general, I am satisfied that the Department takes all due and reasonable audit steps, at both new claims and review stages, to validate the family status of applicants and beneficiaries.
In determining entitlement to these payments, deciding officers who are statutorily appointed and are independent in the exercise of their functions must satisfy themselves that all the statutory conditions are satisfied.
Relevant information is supplied by the applicant on the claim form, and in supporting documents such as birth and marriage certificates. In the case of claims to deserted wife's benefit and deserted wife's allowance a local inspector interviews the applicant and requests information on the circumstances giving rise to the separation and the efforts made to secure maintenance. The husband is also interviewed when his whereabouts are known. Following this it may be necessary to have a further interview with his wife. The objective is to obtain the fullest picture possible of the circumstances and to ensure that the rights of both partners to the marriage are fully respected. The process also ensures that the husband is aware of his statutory obligations to contribute towards the cost of a lone parent's allowance, deserted wife's benefit or deserted wife's allowance awarded to his wife. Where payment is awarded, the claim is subject to periodic review.
The issue of cohabitation may arise at initial investigation or at a subsequent review. There is no definition in social welfare legislation of what constitutes cohabitation. The question for determination by the deciding officer, or appeals officer in the case of an appeal, is whether the relationship between the two people involved is such that they should be regarded as living together as husband and wife. There is no single factor by which this issue can be decided. However, court case law indicates that issues such as co-residence and relationship, for example, financial, social etc., should be considered in determining the question of cohabitation and deciding officers are made aware of and have regard to these in giving decisions on this issue.
Domestic household and financial relationships can vary widely, not just for cohabitating couples, but for married couples also. Each potential cohabitation must be considered on the particular facts of that case. The deciding officer, in the final analysis, must form a judgment on whether the circumstances of a case are sufficiently similar to those of a married couple as to constitute cohabitation as man and wife. The person concerned is always afforded an opportunity by the deciding officer under natural justice rules to comment on the evidence available before a formal decision is made. Where payment is refused or withdrawn, the person concerned has the right to appeal to the independent social welfare appeals office.
