Written answers

Friday, 16 September 2016

Department of Social Protection

Social Welfare Code

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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739. To ask the Minister for Social Protection if he will review and amend the situation regarding entitlements for bereaved partners in cohabiting couples in view of the Northern Ireland High Court ruling on 9 February 2016 (details supplied). [25461/16]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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In the first instance, it should be noted that rulings of courts in other jurisdictions, such as the United Kingdom, regarding their domestic legislation, do not impact upon the laws in this State. However, the policy implications of such cases may be considered, if they are relevant.

Simply put, the Court found that a payment related to co-raising children (in this case, the Widowed Parent’s Allowance) should not be subject to a condition related to marriage, whereas a payment with no such child-related criterion (such as Bereavement payment) could lawfully be restricted to couples which had either married or entered a civil partnership.

As I have stated, UK courts have no jurisdiction over Irish legislation. However, even if they did, the ruling in this case would not impact upon the Irish benefits provided by this State, such as Widows Contributory Pension, as this payment does not relate to the co-raising of children. Indeed over 90% of recipients do not have dependent children. The ruling recognised the right of the UK parliament to limit other UK benefits to people who had been married or in a civil partnership, where supporting the raising of children was not the primary purpose of the payment.

I have no plans to review or change the eligibility criteria for bereavement-related benefits at this time as suggested by the Deputy.

I hope this clarifies the matter for the Deputy.

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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740. To ask the Minister for Social Protection if consideration will be given to allow persons who are in receipt of disability benefit to undertake a JobBridge internship or its replacement in the future for more than a maximum of two nine-month placements; and if he will make a statement on the matter. [25464/16]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Persons in receipt of Disability Allowance, a scheme for people with long term condition (> 12 months) that limits their capacity to work, are eligible to participate in JobBridge internships subject to the same rules and conditions as other eligible participants. Disability Benefit is the name previously used as a title for the scheme now known as Illness Benefit. Illness Benefit is designed to provide income support to people who cannot work due to a short term illness, mainly people who have a job but need to take a sick absence. Recipients of Illness Benefit declare themselves to be unfit for work and as such are not eligible to participate in JobBridge.

I believe that economic and labour market conditions have changed for the better since JobBridge was introduced in 2011. The Deputy may be aware that, in the light of these changes, I have announced my intention to close JobBridge and, subject to my consideration of the findings of an independent evaluation of the scheme and the advice of the Labour Market Council, replace it with a new scheme to support jobseekers access jobs and/or work experience.

The suggestion made by the Deputy will be considered in developing a replacement scheme, if any, over the next few weeks.

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