Dáil debates

Wednesday, 7 October 2009

9:00 pm

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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The fact that I must raise the issue of a lady's entitlement to contributory widow's pension is no reflection on my colleagues in Kerry South. The lady concerned is a business woman in Macroom town who provides valuable employment in a small factory, and has done so for the past 20 years or more.

I am confused and annoyed at the prevarication of the Department of Social and Family Affairs in this case. Clearly, the lady concerned meets all the relevant criteria for qualifying for the pension. The sole issue the Department is making a big deal of is the lady's address for purposes of communication. I am aware from previous contact with this lady that she has had a difficulty with Cork County Council about planning permission. She had an address in Cork, had a difficulty with planning permission and has used an address in County Kerry for the purposes of her application. Her solicitor and I have made representations to the Department of Social and Family Affairs. She meets all the criteria regarding contributions and her marital status. I fail to understand why the Department adopts such a bloody-minded approach on this issue.

The lady was in receipt of this payment until 2003 but since then has had difficulty validating her claim to the satisfaction of the Department. It requires political intervention at the highest level at this stage. That is the reason I took the unusual step of raising an individual social welfare case on the floor of the House. I appreciate that the Minister of State is taking this matter on behalf of the Minister for Social and Family Affairs but I appeal to him to consider the matter favourably. The woman has offered to meet with social welfare officials and has given an address that she uses but for some reason the Department will not accept it as valid.

I raised this matter earlier this week in a parliamentary question but received a meaningless reply, which is unacceptable. At this stage, I can only put the case in the Minister's hands. As he is not the Minister of State at the Department and given that I anticipate a similar response to the reply I received to my parliamentary question, I ask him to revert to the line Minister on this issue and ask her to re-examine the case as a matter of urgency.

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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Widow's and widower's contributory pension is a social insurance based payment which provides pension entitlement on the death of a spouse. To qualify for a widow's or widower's contributory pension a person must be widowed; not be cohabiting; and satisfy prescribed social insurance contribution conditions. The pension is payable for the lifetime of the pensioner, provided she or he does not remarry or cohabit. There is an obligation, under social welfare legislation, on customers to notify the Department of any change in their circumstances which may affect their entitlement to payment. Customers are informed of this requirement when notified of the decision on their claim and at subsequent reviews.

Periodic reviews are undertaken to confirm a customer's continuing eligibility for receipt of widow's or widower's contributory pension. The following are some of the circumstances and events which would give rise to a review of a person's continued entitlement to pension: cohabitation; remarriage; change of address; change of post office; death of claimant or child dependant; a qualified child no longer living or being maintained by the claimant; a qualified child who reaches 18 years; imprisonment or detention of claimant or qualified child; claimant or qualified child leaving the State; change in household composition, including the birth of an additional child.

The person concerned was awarded a widow's contributory pension from 6 January 1995. The weekly payment consisted of the maximum weekly personal rate of payment plus an allowance in respect of four qualified children. In February 2003, correspondence addressed to the customer, relating to her continuing eligibility for an increase for a qualified child, was returned to the Department marked "Gone Away". Follow-up inquiries by the Department conducted by a social welfare inspector failed to establish her whereabouts at that time. Payment of pension ceased from 4 April 2003 as the Department was unable to establish her whereabouts and continuing eligibility for a widow's contributory pension.

On 6 August 2009, the Department was informed by an agent acting on the customer's behalf of her new address. However, when an inspector called to this address on 17 August, he was informed that the customer no longer resided there. Another address for the customer was provided to the social welfare inspector and, on visiting this address, the occupants advised that the customer no longer lived there. On 17 September 2009, a communication was received from legal representatives acting on behalf of the customer which gave another address for the customer. The Department is following up on this information to establish the customer's personal circumstances and her eligibility for widow's contributory pension. When these inquiries have been completed, a decision will be made on her entitlement to a pension.