FLAC (Free Legal Advice Centres) and Northside Community Law and Mediation Centre published a joint submission outlining common concerns on the Social Welfare and Pensions Bill 2014. This Bill, which proposes a raft of changes to important areas of the social welfare system, was published on Friday 28 May. However very limited time was allowed to debate the provisions it contains in the Dáil the following week.
FLAC and NCLMC have noted that consecutive social welfare and pensions bills are being rushed through the Houses of the Oireachtas, both mid-year and post-budget, amending the Social Welfare Consolidation Act 2005 which in itself remains difficult to digest and in need of immediate consolidation. The two bodies criticised this inaccessibility and the undermining of basic democratic principles such as transparency and participation in how the government guillotines such key bills.
The Social Welfare and Pensions Bill 2014 proposes amendments in areas like family income supplement (FIS), the habitual residence condition (HRC) and recovery of overpayments from lump sums. There is a further requirement in the Bill in terms of eligibility for family income supplement for separated parents, who must maintain not only their child but now also their former spouse. The two bodies are concerned that these changes will impact disproportionally on children of separated parents and threaten their access to an adequate income.
The interpretation and application of the habitual residence condition has long been of concern and the two bodies welcomed this Bill’s proposal to remove from the 2005 Act reference to the “two-year rule”, which should make it clearer for decision-makers in the department. New provisions on the condition have been introduced that give the Department of Social Protection the power to review a person’s entitlement to a social welfare payment based on the claimant’s continued satisfaction of the condition. The joint submission examines the lack of clarity around what type of “worker” under the EU definition of a worker this will affect.
Finally, the submission addresses issues around debt recovery by the Department where an overpayment arises from lump sum payments. It must be clarified that over-payments can occur through an error of the claimant or of the Department; therefore the Department must be very careful to consider all angles in recouping such sums, in particular from vulnerable individuals who may have become redundant or be due compensation from an unfair dismissal. Ultimately, the Department must ensure that no one is left in financial hardship as a result of the recovery of overpayments, but has a minimum standard of income to safeguard his or her right to a life of dignity.
The Social Welfare and Pensions Bill 2014 is at report and final stages in the Dáil on Wednesday 18 June.