Martin Cullen (Waterford, Fianna Fail)

I will not argue the point, but I would like to see the ceilings change and will continue to consider this. As the Deputy can appreciate, because the base is already so high in many areas, even marginal movement can impose a huge cost on the taxpayer. However, I recognise the value of carers, as care in the home has a positive impact from the point of view of the State. I would like to see an expansion of the allowance schemes for carers, although they have become a lot more flexible in recent years compared to the tight criteria that applied in the past. We must continue to do more.

Deputy Enright correctly pointed out that it would be inconsistent with European Court of Justice jurisprudence to rely on a two-year or any definitive period for determining habitual residence. Since the introduction of the habitual residence condition in May 2004 the Department has used the five European Court of Justice criteria to determine the issue. Thus, the two-year rule does not apply. This approach was set down in published guidelines from the beginning. For greater transparency, the five criteria established by the ECJ were last year included in primary legislation, namely, the Social Welfare and Pensions Act 2007. As with decisions on other aspects of social welfare claims, the customer can exercise full rights of review and appeal.

With effect from 24 September, payment of the qualified adult allowance in all new State pension claims is made directly to the pensioner's spouse or partner. Deputy Flynn spoke about this at some length. This change is in line with the commitment in the programme for Government to provide qualified adults — the wives, husbands or partners of those receiving social welfare allowances — with their own pension payments. From September the allowance has automatically been given to the partner. It is not a matter of someone ticking a box on his or her behalf; the partner is entitled to the payment in his or her own right. If couples already receiving allowances want to receive separate payments, this can be facilitated. However, from now on separate payments will be made automatically.

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