Jan O'Sullivan (Limerick East, Labour)
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Question 67: To ask the Minister for Social and Family Affairs the way he proposes to safeguard the interests of persons suffering from mental health difficulties vis-À-vis the proposed changes to invalidity pension and illness benefit. [15386/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The changes to the Invalidity Pension and Illness Benefit schemes referred to by the Deputy relate to ongoing work in my Department on draft proposals of a Partial Capacity scheme.

As the scheme has not yet been considered by me I cannot at this stage give details in relation to it. I will in consideration of the scheme take into account the need to safeguard the interests of persons suffering from mental health difficulties.

James Reilly (Dublin North, Fine Gael)
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Question 68: To ask the Minister for Social and Family Affairs the details of his Department's examination of the Civil Partnership Bill; the intended implications of this for the social welfare code [15478/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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As Deputies will be aware, the Civil Partnership Bill is the primary responsibility of the Minster for Justice, Equality and Law Reform and is currently at Committee Stage in the Dáil. The implications of the Civil Partnership Bill for social welfare schemes are under consideration in my Department.

Social welfare legislation defines a 'couple' as meaning 'a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife'. Furthermore, a reference to 'spouse' in the definition of 'qualified adult' includes 'a man and woman who are not married to each other but are cohabiting as husband and wife'. When entitlement to social welfare benefits is determined, members of same sex couples are treated as individuals.

The introduction of Civil Partnership will enable cohabiting same-sex couples to register their partnership. It is intended that following the enactment of the Civil Partnership Bill, that these couples will be treated in the same way as spouses under the social welfare code.

In these cases the claimant will be entitled to have his/her partner registered to receive a payment for a Qualified Adult. The partner may also be entitled to receive survivor's benefits such as the widow/widowers pension.

In the case of means-tested payments means assessments are carried out on a household basis with the means of a spouse being taken into account. This will apply to same-sex couples following the introduction of the Civil Partnership Act.

The introduction of the Civil Partnership Act will impact on a number of areas of the social welfare code. Officials of the Department are examining the likely impact of the Act. However, until the Civil Registration Act is enacted it is not possible to amend Social Welfare legislation. However, legislative changes to the social welfare code will be provided for as soon as possible.

John Perry (Sligo-North Leitrim, Fine Gael)
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Question 69: To ask the Minister for Social and Family Affairs if he is satisfied with the capacity of the Money Advice and Budgetary Service to negotiate on people's behalf with financial institutions and sub prime lenders regarding mortgage arrears [15465/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The money advisers throughout the country focus on providing assistance, advice and intense support to people who have financial difficulties. The money adviser works out a budget and negotiates on behalf of the client with all creditors, including financial institutions and sub-prime lenders, to secure better terms for the client in managing the repayment of their debts. Where required by the client, the money adviser can assist with setting up a special account with a local Credit Union into which an agreed amount of money is lodged regularly and from which each month the money adviser makes the repayments to the creditors on behalf of the client. In 2009 some 2,618 special accounts were set up with the local Credit Unions.

Focused training programmes designed to equip money advice staff and local management boards to meet the demands on the services are provided by MABS NDL, the national support company. In addition, MABS NDL has introduced a number of community education and other initiatives to assist the services in managing their increased caseloads. These include a money management education programme for people facing redundancy to inform them about managing on a reduced income and how to avoid getting into debt.

Under the statutory code of conduct on mortgage arrears published by the Financial Regulator, all financial institutions including the banks and sub-prime mortgage lenders must, where circumstances warrant it, refer a borrower in difficulty for guidance to a local MABS office or to an appropriate alternative.

An operational protocol 'Working Together to Manage Debt' is in place and is the result of almost 2 years work by MABS NDL and the Irish Banking Federation (IBF), the main representative body for the banking and financial services sector. The protocol applies to all client debts, including mortgage debt owed to the major lending institutions in Ireland and includes a commitment that no legal action will be taken as long as there is compliance by the client with an agreed repayment plan.

Last year an additional 19 money advisers were appointed to MABS companies throughout the country. They have been fully trained in the application of money advice work and the relevant codes and legislation relating to mortgage debt.

I am satisfied that MABS provides a high quality personal service to assist people in overcoming their indebtedness and managing their finances. I am confident that the money advisers are trained and equipped to deliver this important service to the members of the public who require it.