Dáil Éireann díospóireacht -
Tuesday, 25 Jun 1996

Vol. 467 No. 4

Written Answers. - Social Welfare Code.

Willie O'Dea

Ceist:

230 Mr. O'Dea asked the Minister for Social Welfare the plans, if any, he has to change the social welfare code to permit married women to be treated as persons in their own right rather than as dependants of their husband; if his attention has been drawn to the fact that when a woman dependant of a recipient of unemployment assistance seeks split payments, the dependant is obliged to seek the claimant's permission; if his attention has further been drawn to the fact that this can expose a woman to violence in many situations; and the plans, if any, he has to change this specific aspect of the social welfare code. [13517/96]

Minister for Social Welfare (Proinsias De Rossa)

The conditions for entitlement to the various social welfare payments are the same for both men and women. It is thus open to married women to claim social welfare payments in their own right provided they satisfy the appropriate conditions for payment.

The position in relation to split or separate payments is provided for in regulations made pursuant to section 207 of the Social Welfare (Consolidation) Act, 1993. The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant or beneficiary, so much of the benefit as is payable in respect of qualified adult dependants and child dependants.

Separate payments are typically made when it is concluded that the dependant allowances would otherwise be used by the claimant for the purposes other than those intended i.e. for the maintenance of the family. While the claimant must be informed of the decision to introduce separate payments and his or her written agreement is sought as a matter of course, the claimant's permission is not an essential requirement in administering separate payments.