Written answers

Tuesday, 14 November 2006

Department of Social and Family Affairs

Social Welfare Benefits

9:00 am

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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Question 162: To ask the Minister for Social and Family Affairs the reason for his decision not to challenge the findings of the Equality Authority in relation to an initial decision of his Department to refuse payment to a homosexual man caring for an ill partner; and the reason this does not constitute a precedent. [37658/06]

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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Question 375: To ask the Minister for Social and Family Affairs if he will explain his decision not to challenge the findings of the Equality Authority in relation to an initial decision of his Department to refuse payment to a homosexual man caring for an ill partner; and the reason this does not constitute a precedent. [37772/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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I propose to take Question Nos. 162 and 375 together.

In the case referred to by the Deputy, a claim was made for a Qualified Adult Allowance (QAA) on an Invalidity Pension in respect of the claimant's partner. The application for a QAA was refused as social welfare legislation does not provide for the payment of the QAA to same-sex partners. The decision to disallow payment of the QAA was appealed to the Social Welfare Appeals Office and the appeal was disallowed in July 2005.

My Department was advised in May 2006 by the Equality Tribunal that the Equality Authority had referred a complaint under the Equal Status Acts to the Tribunal. The Equality Authority, on behalf of the complainant, submitted that in not paying the QAA, the Department was discriminating under the Equal Status Acts on three of the prohibited grounds namely gender, marital status and sexual orientation. Having considered the issues, and in particular the complainant's personal circumstances, I decided, with the consent of the Government, that an ex-gratia payment should be made in this case provided the standard criteria were met. Because of the particular circumstances involved I saw this as a situation that needed to be dealt with in this way, while at the same time being mindful of not creating any legal precedent.

At the same time, I and indeed the Government recognise that this case raises broader policy and societal issues. In this regard considerable work is currently being carried out. In my own Department a review of the entire social welfare code is being undertaken to examine its compatibility with the Equal Status Act (2000), as amended.

The Department of Justice, Equality and Law Reform have established a Working Group with a view to presenting an Options Paper on Domestic Partnership to the Minister for Justice, Equality & Law Reform. The consideration of various options for providing recognition for same sex couples is a central part of the work of this group, which is due to be completed later this year. Officials from my Department are contributing to the work of this Group.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 163: To ask the Minister for Social and Family Affairs the reason a press statement issued by his Department on 1 October 2006 said that the weekly fuel allowance had been increased by €5 and that the increase commenced from 25 September 2006 when this increase had come into effect following Budget 2006; if his attention has been drawn to the fact that many people were misled by his statement into believing that there had been another increase of €5; and if he will make a statement on the matter. [37595/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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Budget 2006 provided for an increase of €5 in the weekly rate of fuel allowance. At the time, my Department provided details of this by way of a press release outlining all of the Budget improvements in social welfare payments. As the fuel allowance is paid on a seasonal basis, from end of September to mid April of the following year, the most recent release was aimed at reminding the public of rates applying for the new season.

I should point out that the press release not only dealt with the increase in the fuel allowance, and the date from which it applied, but also provided updated information on increases in the domestic gas allowances from 1st October and on the scale and value of increases and improvements from 1st January 2007 in the electricity allowance.

At a time when there was considerable anxiety over the effects of fuel and energy increases on vulnerable welfare customers, the press release outlined the full extent of increases and supports being introduced so as to ease concerns over Winter heating costs and to protect those on welfare.

The press release was part of my ongoing commitment to the significant increasing of awareness of welfare schemes through the dispensing of regular information through the media and through nationwide television, radio and print media awareness campaigns. These campaigns are designed to ensure the maximum take-up of entitlements to support schemes. These combined media and information campaigns have proven very successful.

As the 1st October press release was part of this ongoing information and awareness campaign process I do not consider it to have been in any way misleading.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 165: To ask the Minister for Social and Family Affairs the impact that maternity leave has on women's occupational pensions; and if he will make a statement on the matter. [37627/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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Under the Maternity Protection Acts 1994 and 2004, a woman may be entitled to statutory minimum maternity leave of 22 weeks. Membership of an occupational pension scheme must continue while she is on statutory maternity leave. A member of a defined benefit scheme will continue to accrue pensionable service during the period of this statutory leave. If the employer pays the woman during the statutory maternity leave, she may be required to continue paying employee contributions to the scheme, as appropriate.

If a woman takes additional maternity leave above the statutory minimum and is paid by her employer during this period, her membership of the pension scheme will also continue. However, if she takes additional unpaid maternity leave, then whether or not she continues to accrue retirement benefit depends on the rules of the particular scheme.

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