David Stanton (Cork East, Fine Gael)
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Question 320: To ask the Minister for Social and Family Affairs the reasons deciding officers in his Department decided that a person (details supplied) in County Wexford was not insurable under the Social Welfare Acts; if this decision was influenced by the fact that the person in question was employed by their spouse; and if he will make a statement on the matter. [23943/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The social welfare code provides that a person who is employed by his/her husband or wife is excepted for social insurance coverage (Part 2 of the First Schedule of the Social Welfare Consolidation Act, 2005). This is a long-standing provision and it mirrors similar exclusions under employment protection legislation. This applies to both men and women in family employment and recognises the practical difficulties in establishing the nature of a genuine contract of employment in such circumstances.

The person concerned applied for Maternity Benefit. During an examination of her application it became clear that she was employed by her husband and the case was referred to Scope section in my Department for determination of the insurability of her employment. A deciding officer issued a formal decision that her employment was not insurable under the social welfare acts as it was excepted under the above legislation. The person appealed this decision and an Appeals Officer upheld the deciding officer's decision.