The legislative provisions govearning the payment of equal treatment arrears to married women are contained in the European Communities (Social Welfare) Regulations, 1992 (S.I. No. 152 of 1992). Payment of arrears due under this retrospective legislation is being made on a phased basis in 1992, 1993 and 1994. Phase 1, which covers the period December 1984 to May 1986, provides for the payment of a higher personal rate for certain social welfare benefits and the extended duration of unemployment benefit. Phase 2, which covers the period December 1984 to November 1986, provides for the payment of Household Supplement for dependants and the payment of Unemployment Assistance. Phase 2 arrears are payable in two equal instalments in 1993 and 1994 — with amounts of less than £100 payable in full in 1993.
The person concerned was in receipt of disability benefit and unemployment benefit during the relevant period. She was paid arrears of £342 in August 1992 under Phase 1. Her entitlement to household supplement under Phase 2 was recently examined. She had one child dependant during that period. During the relevant period her husband was employed on a part-time basis and he was claiming unemployment benefit for the days he was unemployed. She is not entitled to household supplement for the period during which her husband was receiving unemployment benefit. In such cases the household supplement is deemed to have been fully paid to both spouses on the grounds that the husband received the full household supplement for the child dependant on his claim at the time. However, she is entitled to household supplement for her child dependant for the periods during which her husband was working. She was, accordingly, paid arrears of £66 under Phase 2 on 11 June 1993.