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Health (Miscellaneous Provisions) (No. 2) Bill 2024: Report and Final Stages (3 Jul 2024)

Denis Naughten: The Deputies had their opportunity ten minutes ago to bring these matters up.

Health (Miscellaneous Provisions) (No. 2) Bill 2024: Report and Final Stages (3 Jul 2024)

Denis Naughten: With all due respect to the Deputy, if he actually listened to what I said-----

Health (Miscellaneous Provisions) (No. 2) Bill 2024: Report and Final Stages (3 Jul 2024)

Denis Naughten: I wish to say to my colleagues that I was not trying to cause annoyance earlier. There was a lot of scope given. Committee Stage, which took place here just after 7 p.m., would have facilitated that discussion. The reality is that I know of an older man in long-term nursing home care - he is watching these proceedings - who is in a desperate financial situation because of an amendment...

Health (Miscellaneous Provisions) (No. 2) Bill 2024: Report and Final Stages (3 Jul 2024)

Denis Naughten: Chair, I wish to raise a point of order.

Health (Miscellaneous Provisions) (No. 2) Bill 2024: Report and Final Stages (3 Jul 2024)

Denis Naughten: We are on a point of order.

Health (Miscellaneous Provisions) (No. 2) Bill 2024: Report and Final Stages (3 Jul 2024)

Denis Naughten: I wish to speak about amendment No. 4, in my name, and also the amendments of the Minister of State. I thank the Minister of State for her engagement on this issue. It dates back nearly to the time of the original nursing home support scheme, which dates from 2009. Very soon after the enactment of the legislation on the nursing home support scheme, we found an anomaly concerning family...

Written Answers — Department of Education and Skills: Special Educational Needs (3 Jul 2024)

Denis Naughten: 98. To ask the Minister for Education and Skills the areas in which occupational therapy services have been piloted in schools; if those pilots have been evaluated; her plans to extend the pilot to schools in other areas; and if she will make a statement on the matter. [28514/24]

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: Members who participate in the meeting remotely are required to do so from within the Leinster House precincts only. I remind those in attendance to make sure their mobile phones are switched off or in silent mode. I welcome the witnesses. I wish to inform them that they are protected by absolute privilege in respect of what they say to the committee. This means they have an absolute...

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: I thank Ms Lucey for her opening statement and for the supplementary briefing material she has provided to the committee. Deputy Ó Cathasaigh is next.

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: If Deputy Ó Cathasaigh is finished with his questions, we will go to Senator Burke next.

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: Mr. Bowes has something to add there. I apologise to Senator Burke.

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: We have lost Senator Wall. He was talking about arrears.

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: I want to put a couple of questions to the witnesses. They have talked about a differential with regard to families. They also highlighted the ambiguity or potential issues that are there. The Supreme Court judgment is quite clear in that you cannot discriminate against children. The focus is on children. The witnesses welcomed the fact that cohabiting couples without children are...

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: This comes back to the point I made earlier. If people were denied or were potentially ineligible to claim the widow's pension because of this rule, the likelihood is that if they are eligible for a non-contributory payment, they probably would have been eligible for, and receiving, some other payment, whether jobseeker's assistance or some other claim. We are only talking about those who...

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: Ms Lucey said she has heard of cases where people sought legal advice on this and, on that basis, did not apply.

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: Treoir has been in contact with the committee. It is putting together a number of case studies for us and will make a submission, with recommendations, by the end of the week.

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: It will be well beyond the six months by the time this legislation is enacted but it is the view of the committee that this will be backdated, at a minimum, to 22 January 2024 in all cases where a liability arose or death of the spouse or civil partner happened prior to that date. We need to look at the issue of backdating prior to 22 January. While it is important that this issue has been...

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: If there are other issues that arise beyond this date, I ask FLAC to please communicate with the committee on those, both in terms of the general scheme and the Bill itself when it is published. Every member of this committee and every Member of the Oireachtas wants to make sure that this judgment is applied, not just in principle but in spirit as well. It is important that happens, so...

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: No, we would not, and Deputy Ó Cuív is correct that quite a number of those who were denied access to this payment would have been eligible for the one-parent family payment. The cohort affected and the cost involved are quite marginal. I thank the witnesses for their time this evening. I thank FLAC for the advocacy work it does on an ongoing basis, working with many of our...

Joint Oireachtas Committee on Social Protection: General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion (2 Jul 2024)

Denis Naughten: The committee will consider the general scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024 with officials from the Department of Social Protection, as part of the committee's pre-legislative scrutiny. We are joined by Mr. Tim Duggan, assistant secretary for pensions; Mr. Colum Walsh, principal officer, pensions; and Ms Karen Kennedy, assistant principal officer, pensions....

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