Oireachtas Joint and Select Committees

Wednesday, 18 June 2025

Joint Committee on Social Protection, Rural and Community Development

Social Welfare (Bereaved Partner's Pension) Bill 2025: Free Legal Advice Centres

2:00 am

Mr. Christopher Bowes:

I know that different approaches are taken in different jurisdictions. We might come back to the Senator on how those things operate in other places.

The illness benefit point is a good one, and we have received queries in that regard to our telephone information and referral line. Senator Rabbitte raised the matter with the Minister last week, and there is an issue.

As Senator O’Reilly said, there is a general rule against a person claiming two social welfare payments at the same time.

The issue regarding illness benefit could be resolved through regulation. The Minister has the power to make exceptions to the general rule with regard to double entitlement and the preference that people get only one payment. The issue that arises regarding illness benefit is that when someone is in receipt a widower's or widow's contributory pension, he or she is able to work and can therefore have two forms of income. However, someone who may be sick or disabled, who may also be entitled to illness benefit is not entitled to the two forms of social welfare income. There is a differentiation in treatment, which raises issues from a disability rights and equality perspective.

The rules, legislation and regulations regarding double entitlement are extremely complex. They have been amended heavily over time and the schemes have been consolidated. A piece of work should be done to review the rules on double entitlement to make sure they are consistent and coherent in how people are being treated. They have developed a lot over time. When that happens, there can be irrationalities and inconsistencies in how people are treated. In addition to looking at regulations, that whole area of overlapping entitlements should be reviewed.

The rules, legislation and regulations regarding double entitlement are extremely complex. They have been amended heavily over time and the schemes have been consolidated. A piece of work should be done to review these rules on double entitlement to make sure they are consistent and coherent in terms of how people are being treated. They have developed a lot over time. When that happens, there can be irrationalities and inconsistencies in how people are treated. In addition to looking at regulations, that whole area of overlapping entitlements should be reviewed.

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