Deputy Kathleen Lynch:

To reintroduce this discrimination into our legislation at this stage would be a retrograde step, especially in view of the fact that we are about to put before the people an amendment in regard to the rights of the child. It will be challenged and I believe that challenge will succeed.

Deputy Kathleen Lynch:

A number of months ago I could not understand why, having been disallowed jobseeker's benefit or allowance, a person who went to the community welfare officer was disallowed again, on the basis that the decision made by the Department of Social and Family Affairs applied equally to the community welfare officer. That used never be the case because community welfare officers are always the people through whose net one never falls. They always give the baseline payment. They are the people who protect us from having no income at all.

Deputy Kathleen Lynch:

Clearly, however, a circular was issued by the Department in June 2009 which stated that social welfare payments were not now to be considered as temporary or interim payments if a claim had been disallowed by the Department of Social and Family Affairs. I understand perfectly that the Minister, Deputy Ó Cuív, may not know about this because he is not very long in the job. A second circular was issued stating that the first circular was not to be taken as a guideline in not allowing a person payment in terms of the habitual residence clause. Unfortunately, this is still being applied to people who are not affected by the habitual residence clause. An additional circular needs to be sent, to clarify that. At one stage in a case of a person with whom I was dealing, we were dealing with two appeals on the same decision. We were dealing with the appeal to the then Department of Social and Family Affairs and a second appeal to the superintendent community welfare officer on the same decision. That is crazy, because the person involved was left with absolutely no money. If the Minister needs to change that, then he needs to be very clear.

Deputy Kathleen Lynch:

The Minister should also examine the cut-off point for children. I dealt already with an area where I think there is a discrimination being reintroduced in the Bill and I hope we can tease it out on Committee Stage and put it to rights. The parents of a child with a disability that does not require domiciliary care allowance will not receive a payment when the child reaches 13 years of age. The Minister has inherited much of this and he could not have possibly have meant this to be the case. I hope that when we are on Committee Stage, he will take on board much of what has been said. It has been said with a view to improving the system and not to frustrate what he wants to do.

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