Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

1291. To ask the Minister for Employment Affairs and Social Protection the extent to which her Department interprets cohabitation, having particular regard to the number of persons who deny cohabitation in the true meaning of the word; her views on whether an assumption is made which may be unfair and inaccurate; and if she will make a statement on the matter. [47124/17]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The term 'cohabitant' is defined in the social welfare code in accordance with Section 172 (1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010. This Act defines a cohabitant as “one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other.

The question of whether a couple is cohabiting as husband and wife or civil partners affects entitlement under the Social Welfare Acts in a number of ways

- A person may be entitled to an increase for a qualified adult for a person who is not a husband, wife or civil partner provided the couple are cohabiting.

- A disqualification applies in various schemes where there is cohabitation.

- Means are calculated similarly for a cohabiting couple as for a married couple/civil partners.

- In Jobseeker's Allowance, Disability Allowance and Pre-retirement Allowance cases a limitation is applied to payment rates where the person with whom the claimant is cohabiting is also in receipt of certain Social Welfare payments.

The Department has set down the guidelines it uses in considering issues relating to cohabitation, and these are available on the Department’s website at www.welfare.ie/en/Pages/Cohabitation.aspx.

The principles of natural justice are clearly outlined in DEASP guidelines to ensure that persons seeking benefits etc. are dealt with in a fair manner.