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Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: No, this contract is the first since the legal case was taken in 2007.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: No. Deputy Willie O'Dea would be more familiar with the matter. The case was won and under EU law it was required to go to tender.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: Yes, under competition law. To reply to the question raised by Deputy Denis Naughton, Report Stage will be taken in the Dáil on 18 June. The Bill will be brought to the Seanad on 2 July and Committee Stage will be taken 9 July and Report and Final Stages on 15 July, in and around the time the House will rise for the summer. The Bill will be dealt with in the Houses practically...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: It will include An Post which is specified everywhere in the regulations. When we come back to the issue, perhaps I might have a more detailed reply.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: I move amendment No. 9: In page 8, between lines 4 and 5, to insert the following:“Further amendment of section 2(1) of Principal Act 5. The Principal Act is amended in section 2(1) by inserting the following definitions:“ ‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: The social assistance payments are means-tested and are payable on the basis of income need. In general a person who is detained in prison or legal custody is disqualified for payment throughout the period of detention. Disqualification applies to claimants and recipients as well as to qualified adults of the claimant or recipient. This disqualification is informed by the principle that...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: The prohibitions we are discussing are of long standing in respect of benefits. A qualified adult allowance cannot be paid if that adult is absent from the State but no such provision exists in respect of the working age assistance schemes, such as jobseeker’s allowance; the pre-retirement allowance; supplementary welfare allowance; disability allowance and farm assist where the...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: Family income supplement is a weekly tax-free support targeted at low-income workers who have children. The purpose of the support is to provide an incentive to such workers to take up or to stay in employment rather than claiming a social welfare payment. FIS provides a crucial support for over 44,000 working families and almost 100,000 children. Over €280 million is allocated to...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: It makes the situation clearer for deciding officers.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: As soon as possible. A commencement order is required for this section. It will be as soon as we can get the regulation through.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: We do not have a draft.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: It will have to be in accordance with what has been described in the Bill. There is no intention to do anything different. It will require some legal work which will take some time. I anticipate that we should have it within a number of months, probably a month or two after the Bill. It will be available when the House resumes for the autumn term and it will be made available to all...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: I will come back to the Deputy on this point. There are legal liability relationships between the spouse or the civil partner which may not exist in respect of other potential partnerships. I will obtain a legal advice on that point for the Deputy.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: I move amendment No. 12a: In page 13, to delete lines 32 to 34 and substitute the following: "(b) the person is a worker or a self-employed person, residing in the State pursuant to article 7 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004, from—".This amendment is required to clarify the category of persons who are not required to satisfied the...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: I do not propose to accept this amendment. The five factors which determine habitual residence are already laid down in subsection 246(4) of the Social Welfare Consolidation Act 2005, as amended by section 30 of the Social Welfare and Pensions Act 2007, as follows: ...a deciding officer or the Executive, when determining whether a person is habitually resident in the State, shall take into...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: In regard to the comments made by FLAC, section 246 (1)(b) means a citizen of a state of the European Economic Area, EEA, who is a worker or self-employed person in this State is habitually resident in the State for the duration of their employment or while in self-employment, in accordance with Directive 2004/38/EC. Section 246 1(c) extends this provision to family members of workers or...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: I move amendment No. 14: In page 16, after line 35, to insert the following: “Making and termination of appointments 14. The Principal Act is amended—(a) in section 250—(i) in subsection (1), by inserting the following after “those appointments”:“and the Minister may at any time terminate an appointment under this subsection whether or not the...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: The Deputy has acknowledged that the development of multi-agency task forces has been key in detecting and deterring social welfare fraud but obviously it is used in a variety of other situations. For instance, people might be familiar with the fact that there is multi-agency co-operation in regard to taxi ranks to ensure that the people who are on taxi ranks are properly registered for the...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: I assure Deputies that discretion is always exercised. Deputy O’Dea referenced the fact that for instance the recovery in instalments for someone on social welfare income is up to 15% of the main payment received by the individual and it does not affect their spouse or qualified child or adult increases. The recovery of overpayments is important. My recollection is that last year it...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions Bill 2014: Committee Stage (11 Jun 2014)

Joan Burton: I did not include the recovery of fuel allowance in the total.

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