Gay couples to lose out on social welfare benefits

STaN

From the Indo...

SAME-SEX couples are to lose out under a proposed amendment to the Social Welfare Bill to be introduced in the Dail today.

The change will reverse a recent gain by gay couples which saw them win the same entitlement to non-statutory benefits such as free travel and free electricity, as married couples.

The entitlement was won under the Equal Status Act last year.

The proposed amendment is an interim solution pending a major review of the overall social welfare code in relation to the principles of the Equal Status Act.

Last year's change revealed an anomaly in the social welfare code.

The situation now is that while same-sex couples are recognised as spouses under the non-statutory code, they are not recognised as spouses under the statutory code which covers such benefits as pensions, unemployment benefits and disability benefits.

This was viewed as untenable by the Department of Social and Family Affairs, and a spokesperson said that gay couples would no longer be recognised as spouses if the proposed amendment passes.

However, she stressed that with respect to the statutory code, this is to the benefit of gay couples because they are assessed individually.

It means that a gay person will not lose his benefit because his partner is employed, whereas a heterosexual in a married or cohabiting relationship may do so.

"The upshot is that gay couples will lose out on benefits under the non-statutory code, but will continue to be at an advantage over heterosexual couples under the statutory code," said the department spokesperson.

The Equal Status Act bans discrimination on such grounds as sexual orientation.

The department said yesterday: "The review of the social welfare code will aim to ensure that any differences of treatment on any of the discriminatory grounds, set out in the Equal Status Act, can be justified by a legitimate social policy aim and that the means of achieving that aim are appropriate and necessary."

It is anticipated that the review will take a number of years to complete due to the complexity of the social welfare system.

The department said: "The review, which will be in consultation with interested parties, would be based on a template to be agreed with the Department of Justice, Equality & Law Reform."

The proposed change to the Social Welfare Bill follows a case taken last year by the Equality Authority on behalf of a same-sex couple where one of the couple who had a free travel pass, had been refused a 'married type' pass in respect of his partner.

Following legal advice, the department awarded the 'married type' benefit to the couple.