Dara Calleary (Mayo, Fianna Fail)

I thank Deputies O'Reilly and Wall. I do not propose to accept amendments Nos. 7, 8 and 14. To accept them would remove the ability of any future Minister for Social Protection to make regulations to clarify the circumstances where a couple may be living apart for more than two years due to medical circumstances. This definition is linked to the regulation-making power inserted into section 123A of the Act, for the Minister to consider time spent living apart due to medical reasons as not bringing the relationship to an end. The normal provisions in the Bill are designed to apply where a couple are effectively separated but have not formalised the breakdown of the relationship after two years by either divorce or judicial separation or dissolution in the case of a civil partnership. This reflects current legal practice in family law and in other cases where relationships have broken down. This is a belt-and-braces provision to ensure there is no doubt in a case where a couple are living apart because one of them is in a medical institution, for instance, a nursing home. The relationship still exists and, consequently, there should be no loss of eligibility for a couple in this scenario. The removal of this definition would impact on the operation of the ability to prescribe such circumstances.

There were discussions before the joint committee recently to the effect that the underlying provisions would give rise to an interrogation into the nature of a married relationship at the time of death. Once again, I assure the House that this is not the case. These provisions are designed to apply where a couple are effectively separated but have not formalised the breakdown of the relationship after two years by either divorce, judicial separation or the dissolution of a civil partnership.

My Department will not be seeking proof that a married couple were in an intimate and committed relationship at the time of death. Applicants will be asked whether they were still living with their spouse at the date of death, and nothing further, unless there is evidence to the contrary. This means that a couple who are no longer living together in an intimate and committed relationship would not be entitled to the payment. The provisions in the Bill set down how these matters are defined, based on existing family law legislation for where a marriage has broken down, which includes the fact that a couple can live in the same dwelling but no longer be in an intimate and committed relationship.

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