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Dáil Éireann díospóireacht -
Thursday, 20 Jun 1996

Vol. 467 No. 3

Written Answers. - Effect of Changes in Marital Status.

Noel Ahern

Ceist:

35 Mr. N. Ahern asked the Minister for Social Welfare the plans, if any, he has regarding general undertakings given at the time of the divorce referendum to review the policy of cutting-off people from unemployment assistance or refusing applications from people whose marriages have broken up and who are temporarily in funds due to the sale of the family home but are actively seeking to repurchase housing; and if he will make a statement on the matter. [7797/96]

I am not aware of undertakings having been given along the lines suggested by the Deputy. I did, however, give very clear and specific undertakings that I would introduce in advance of the divorce referendum the changes necessary to ensure that no spouse or child would be disadvantaged in terms of their social welfare entitlements as a result of their legal status being changed from married, separated or deserted to divorced. That commitment has been met in full by way of the provisions of the Social Welfare (No. 2) Act, 1995.

The method of assessing means for the purpose of entitlement to unemployment assistance is provided for in legislation. It includes a notional assessment of the value of any capital or investments held by the applicants. The first £400 of capital is assessed at 5 per cent, while the balance is assessed at 10 per cent. Where an applicant for unemployment assistance is in the process of changing residence and has capital in hands for that purpose arising from the sale of his/her previous residence, my Department's general approach would be to have regard to the particular circumstances involved and not to automatically assess that capital as means. While each case would have to be assessed on its merits, the possession of capital in such circumstances would not necessarily affect entitlement to unemployment assistance.

I understand that the Deputy may have a particular case in mind and, if he will provide me with the details, I will have the matter examined by my Department.

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