Dáil debates

Wednesday, 25 April 2012

Social Welfare and Pensions Bill 2012: Committee Stage (Resumed)

 

9:00 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)

I listened with interest to what the Minister had to say in her final remarks on these amendments. She was probably referring to an issue I raised earlier. I note that some subsequent amendments deal with what we said about what happens in the event of the death of a parent. I am trying to get my head around this. As I understand it, under the arrangement the Minister has put in place, if a parent dies and the child is within two years of the relevant age at the relevant date, the family can continue to receive this payment. I might have suggested earlier that this will kick in next week. I think the Minister said it will not kick in next week for 12 and 13 year olds. I think I am right in saying it will definitely kick in on 1 January 2013, however. The mother or father of a child who is 13 would have been affected by this change next week if this arrangement had not been made. The Minister has made provision for children who are within two years of the relevant age at the relevant date. This exemption will ensure such people are not caught next week.

I am interested in what will happen on 2 January 2013, which is just seven months away, by which time the relevant age will be ten. On that date, 13 year old children will no longer be within two years of the relevant age on the relevant date. I think I am right when I say that next year, a person who is 13 this year will not be within two years of the relevant age, which will be ten from 1 January next. Therefore, the provision the Minister is including in the Bill will not affect such a family. Am I right when I say my understanding is that a person whose marriage has ended and who needs to make a new claim, having been in full-time employment up to now, but who is not entitled to jobseeker's benefit or any other benefit payment, will be affected by this problem from 2 January 2013 if he or she has a child aged 13? The Minister will appreciate that we are on our feet without being able to access advisers or legal interpretation. She mentioned that her Department has spent a year on this matter. I want to get my head around three or four sections in this major amendment, which runs to over three pages. Am I right in what I have said? I think the Minister understands my question about next January. Is my understanding correct?

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