Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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To ask the Minister for Social Protection the reason a person in receipt of a contributory widows pension may only receive illness benefit for a maximum period of 15 months; if she believes this to be discriminatory; and if she will make a statement on the matter. [38135/12]

Joan Burton (Dublin West, Labour)
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I wish to advise the deputy that payment of illness benefit in addition to widow’s pension was abolished for new applicants from the end of January 2012. However, where persons in receipt of widow’s pension were claiming illness benefit prior to the end of January 2012, a maximum overlapping period of 15 months applies.

Generally, the social welfare code is a contingency-based system, such contingencies including sickness, unemployment, old age or widowhood. While there were some exceptions (including the payment of half-rate illness benefit concurrently with widows contributory pension), there is a general rule that only one social welfare payment is payable at any one time. This maintains the equity of the social welfare system and is common to social security systems across the world.

In the circumstances, I am satisfied that the current arrangements are not discriminatory.