Seanad debates

Tuesday, 28 April 2015

Social Welfare (Miscellaneous Provisions) Bill 2015: Report and Final Stages

 

2:30 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire. I understand this issue was discussed at length on Committee Stage with my colleague, Senator David Cullinane. This amendment proposes the deletion of section 4 which deals with entitlement to carer's benefit, carer's allowance and respite care grant. In a submission on the Bill, the Free Legal Advice Centres and the Community Law and Mediation Centre have called for the deletion of the section, arguing that it does nothing but make it more difficult for carers to access income supports. They describe section 4 as negative law-making. It introduces a presumption of ineligibility for the payment which the applicant will have to overcome, whereas at present, the applicant must demonstrate his or her entitlement and the deciding officer must make a reasoned decision from a position of neutrality and objectivity. The submission notes that the outworking of this change will see more and more eligible applicants having to go to the appeals office to secure their entitlements with the lengthy waits and hardship this involves.

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