Written answers

Tuesday, 13 November 2018

Department of Employment Affairs and Social Protection

Social Welfare Benefits Eligibility

Photo of Marc MacSharryMarc MacSharry (Sligo-Leitrim, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

551. To ask the Minister for Employment Affairs and Social Protection the changes being applied to a practice (details supplied); her plans to make changes to this practice in the forthcoming social welfare Bill; and if she will make a statement on the matter. [46571/18]

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

The provisions for a continued payment after death, for customers with a spouse/civil partner/co-habitant, are set out in Section 248(2)(a) of the Social Welfare (Consolidation) Act 2005 (as amended). To qualify for a continued payment, the spouse/partner must be either a qualified adult on the deceased person’s payment or a customer in receipt of a payment in his/her own right. Regulations (Article 208(1) of Statutory Instrument 142 of 2007) define a "related person" i.e. a person to whom such a payment may be made.

My Department issued internal guidelines to staff on 3 August 2018 to clarify the interpretation of the legal provisions on this entitlement, and to ensure consistent application of prescribed conditions, where relevant. The subsequent implementation of the rules highlighted an anomaly in the legislation which is being examined by my officials as a matter of urgency.

I hope this clarifies the matter for the Deputy.

Comments

No comments

Log in or join to post a public comment.