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Social Welfare Code

Dáil Éireann Debate, Tuesday - 17 November 2015

Tuesday, 17 November 2015

Ceisteanna (133)

Maureen O'Sullivan

Ceist:

133. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Social Protection her views that a system which prohibits a cohabiting unemployed parent from claiming a jobseeker's benefit based on the income of the other parent is a contributing factor to social protection fraud in some cases, whereby parents in relationships can, on occasion, claim to be separated in order to receive benefit under the one-parent family payment scheme and the jobseeker's scheme; and the action she has taken to ensure that honest persons are not a loss while unemployed. [40251/15]

Amharc ar fhreagra

Freagraí scríofa

The jobseeker's benefit scheme provides income support for people who lose work and who have the required number of social insurance contributions. The 2015 Estimates for the Department provide for expenditure on jobseeker’s benefit of €407 million.

Jobseeker’s benefit is not a means tested payment and as such the means of a spouse, civil partner or cohabitant are not assessed against a jobseeker’s payment. However, a partner’s means will be taken into account when assessing whether or not a jobseeker’s payment includes an increase for a qualified adult (IQA).

If a qualified adult is earning €100 or less, a maximum IQA (of €124.80 per week) will be paid. If he or she is earning between €100 and €310 a reduced rate of IQA will be paid. If the qualified adult is earning more than €310 no increase will be paid.

In the case of an individual not being eligible for jobseeker’s benefit due to insufficient social insurance contributions they may apply for jobseeker’s allowance, which is a means tested payment. If the individual is cohabiting then the means of their partner will be taken into account in assessing their entitlement.

In the case of a couple with children who separate or divorce, or where a civil partnership has been dissolved, should one of the parents claim a One Parent Family Payment they must:

- have been living apart from his/her spouse or civil partner for at least 3 months, and

- have made, and continue to make, appropriate efforts to get maintenance from his or her spouse or civil partner (i.e. where the civil partner is the other parent of the child or children).

Continued entitlement to one parent family payment is conditional on efforts being made to seek maintenance from the other parent of the child or children.

Social welfare inspectors have a key role in investigating and advising the Department’s deciding officers on whether a couple are in fact separated. No single criterion can necessarily support a decision that a couple are separated or not. The criteria for assessing cohabitation are:

- Duration of the relationship

- The basis on which the couple live together

- The degree of financial dependence of either adult on the other and any agreements in respect of their finances

- The degree and nature of any financial arrangements between the adults

- Whether there are one or more dependent children

- Whether one of the adults cares for and supports the children of the other

- The degree to which the adults present themselves to others as a couple.

It is essential that as much information as possible is gathered on all the criteria before a decision is made on whether a couple are separated or not.

The Department has a range of measures to prevent and detect fraud, and to ensure effective debt recovery and deterrence measures are in place. Social welfare inspectors can and regularly investigate whether existing recipients of the one parent family payment are continuing to parent alone. In circumstances where they are found to be cohabiting they will be disqualified from payment and where it was deemed that fraud had occurred further actions including debt recovery may be taken.

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