Michael Ring
Ceist:422 Mr. Ring asked the Minister for Social and Family Affairs the payments and schemes that are available to married couples which are not available to cohabiting couples. [13608/03]
Written Answers. - Social Welfare Payments.
In general social welfare legislation applies on a similar basis to those who are married and those who are cohabiting as husband and wife. Cohabiting couples are jointly assessed for means test purposes and qualify as a couple for most benefits and allowances. The exception is in the area of survivor type payments which include widows and widower's pensions and widowed parent grant. These payments are only paid on the death of a husband or wife. There are other social welfare payments for which the survivor of a cohabiting couple can apply, for example, those bereaved who have young children may, if they can satisfy a means test, qualify for the one-parent family payment.
Question No. 423 answered with Question No. 97.
Question No. 424 answered with Question No. 99.
Gay Mitchell
Ceist:425 Mr. G. Mitchell asked the Minister for Social and Family Affairs the reason a person (details supplied) in Dublin 22 is being refused a disability payment on the grounds of residence while others living at the same address are awarded payments; and if she will make a statement on the matter. [13447/03]
The person concerned applied for disability allowance on 17 May 2002. Following investigation, it was established that the cost of maintenance for the person concerned is being met in part by the relevant health board. As prescribed in legislation, disability allowance is not payable to a person who is resident in full-time residential or institutional care where the funding of that person's care and maintenance is met by a health board. Accordingly, she was refused disability allowance.
She was notified of this decision and of her right of appeal to the independent social welfare appeals office. She appealed this decision and following an oral hearing in March 2003, the appeals officer upheld the original decision and disallowed the appeal. An appeals officer's decision is final and conclusive in the absence of any fresh facts or evidence.
Since August 1999, existing recipients of disability allowance who are living at home can retain their entitlement where they subsequently go into hospital or residential care. In addition, people who are living in community based residences are eligible to receive disability allowance provided the relevant health board is not providing funding towards their maintenance. These improvements mean that persons previously disqualified for payment under the disabled person's maintenance scheme because he or she were in residential care are now entitled to payment under the disability allowance scheme.