Oireachtas Joint and Select Committees

Wednesday, 24 January 2024

Select Committee on Social Protection

Social Welfare and Civil Law (Liable Relatives and Child Maintenance) Bill 2023: Committee Stage

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank the Cathaoirleach and wish "Good morning" to everyone. I am glad to be here this morning with officials from my own Department of Social Protection, with officials from the Departments of Children, Equality, Disability, Integration and Youth and of Justice. I will speak to the Bill first.

The purpose of this Bill is: to change the means test for social welfare payments in order that child maintenance payments will no longer be assessed as means; to remove the liable relative provisions from social welfare legislation; and to change the supports provided to people newly arriving from Ukraine who are living in designated accommodation centres. On Second Stage in the Dáil last week, I indicated my intention to bring forward Committee Stage amendments in this regard.

These amendments will remove the equivalence with Irish citizens in terms of accessing social welfare payments when they are in designated centres. This will align us more closely with other EU member states. The changes mean that newly arrived beneficiaries of temporary protection who are living in designated accommodation centres will receive a weekly payment of €38.80 per week. Some other technical amendments are required as a consequence of the insertion of these new provisions.

Amendments Nos. 1, 2, and 3 are technical, consequential amendments required to restructure the Bill into three Parts. Part 1 will provide for the Short Title. Part 2 will include the provisions as set out in the Bill as initiated, that is, it will provide for the removal of the liable relative provisions from social welfare legislation, and it will change the means test such that child maintenance will no longer be assessed as means. Part 3 will include the substantive provisions in relation to the supports for beneficiaries of temporary protection.

Amendments Nos. 4 and 5 are the substantive amendments. The purpose of these amendments is to provide that beneficiaries of temporary protection will not be eligible for the same social welfare payments as Irish citizens while they are resident in a designated accommodation centre. Instead of a social welfare payment, such persons will be entitled to a weekly payment of €38.80 per week. This will be administered by the Department of Social Protection on behalf of the Department of Children, Equality, Disability, Integration and Youth.

Amendment No. 7 is a change to the Long Title, which is also required as a result of amendments Nos. 4 and 5.

I look forward to hearing from the committee members.

The Cathaoirleach has raised a number of relevant and important points with me in terms of the judgment in the O'Meara case. First, I acknowledge the loss that Mr. O'Meara and his family have suffered and I extend my sympathies to Mr. O'Meara and his children on the loss of a partner and a mother. Indeed, as we know, no payment from the State can make up for that loss.

This particular case relates to social welfare law, which sets out entitlements to a widow's, widower's or surviving civil partner's contributory pension - a pension which, under the law as currently enacted, is only available to a surviving partner who was party to a marriage or a civil partnership.

My officials and the Office of the Attorney General are now considering a very detailed judgment, which is over 160 pages, in three judgments, in total. The Supreme Court has not made its final order yet. It will make that order on Friday. In the meantime, I am engaging with the Attorney General on the impact of the judgment but I need to see the court order before we can make any further decisions.

The judgment and the orders, as the Cathaoirleach will be aware, are complex and will require careful consideration. As the judgment itself said, there needs to be a nuanced approach here. I will be working very hard, with the AG and with my officials. I will deal with this as a matter of urgency. I will be bringing forward legislation to change this in compliance with the judgment.

That is all I can say at the minute. I can assure the Cathaoirleach that I will deal with this as quickly as I can but I want to make sure I get it right because there are many other issues that I need to consider.

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