Joan Burton (Dublin West, Labour) | Oireachtas source

I do not propose to accept the amendment. Family income supplement, FIS, is a weekly tax-free support targeted at low-income workers who have children. FIS provides a crucial support for over 44,000 families at work and almost 100,000 children. Spending on the supplement was increased significantly this year by the Government with the total allocation coming to €280 million. Numbers in receipt of the supplement have also increased significantly though making qualification for it easier.

The purpose of this support is to provide an incentive to such workers to take up or stay in employment, rather than claiming a social welfare payment. While weekly social welfare payments are increased according to the family size, weekly income from employment does not take any account of the worker’s family size. Weekly social welfare payments under FIS are increased according to family size, namely, €100 per week for the first child and pro ratafor subsequent children. In the case referred to by Deputy Naughten of the recipient with a spouse and two children, on social welfare they would receive €400 a week plus some additional benefits. Even on a minimum wage job, FIS would bring their income significantly over that figure.

In keeping with the purpose of the FIS scheme, in the situation where a claimant for FIS is living apart from his or her spouse or civil partner and children, it has been the practice to pay FIS in these cases where the claimant is maintaining both his or her spouse or civil partner and his or her children. The relevant legislative provisions relating to entitlement in cases where the worker is living apart from his or her spouse or civil partner and children is not fully clear and section 9 clarifies entitlement to FIS in these circumstances. Section 9 redefines what constitutes a family for FIS purposes and affirms that FIS cannot be paid to a claimant who is maintaining a child where that child is not residing with the claimant, unless the claimant is also maintaining his or her separated spouse or civil partner with whom the child is residing. It further clarifies that in such cases FIS cannot be paid if the spouse or civil partner with whom the child is residing is in receipt of a weekly social welfare payment in his or her own right. There have been 30 such cases where clarification has been required.

Under the provisions contained in section 9, the circumstances in which a child is to be regarded as normally being a member of a household for FIS entitlement purposes will be specified in regulations to be made in accordance with section 232 of the Social Welfare Consolidation Act 2005. This is not an issue where the parents or guardians and children are living together. However, where the parents or guardians are living apart, regulations are required to set out the rules to be used to determine with which parent or guardian the children will be regarded as normally residing for FIS entitlement purposes.

This amendment proposes that any regulations required to be made in accordance with section 232 of the Social Welfare Consolidation Act would have to be submitted to the Oireachtas Joint Committee on Education and Social Protection in the first instance. Accordingly, such regulations could not be made before that committee reports back to the Minister. As I indicated on Committee Stage, the provisions contained in section 9 will be brought into force by way of a commencement order. The relevant regulations required in accordance with section 232 will be made as soon as the necessary commencement order has been signed. There are several other commencement orders and regulations which are also required to be made following the enactment of this Bill. I envisage the relevant commencement order and regulations relating to section 9 will be signed in September or October. I have undertaken to send copies of this commencement order and the relevant regulations to Deputies as soon as they have been signed. Section 4(6) of the Social Welfare Consolidation Act requires that all regulations made by the Minister under that Act must be laid before each House of the Oireachtas as soon as practical after they have been made. If a resolution annulling the regulations is passed by either House within the next 21 sitting days, those regulations will be annulled. Accordingly, I do not consider this amendment is necessary.

In the case to which Deputy Naughten referred, I presume the individual in question was on to the Longford social protection office. If he gives me the details of that, I will make an inquiry about it. When I came into the Department, an enormous backlog had built up in social protection offices. All Members were aware of this and showed huge patience while we updated all IT platforms. Some of the schemes went to Letterkenny where staff have handled them very well there. With the improvement in the waiting times dealing with applications and reviews, we got rid of many of the backlogs with FIS. If the Deputy gives me the details of the case to which he referred, I will see if there is a problem with the phone lines.

It must be remembered just under 100,000 people are benefiting from FIS and it is helping families back into work. The staff in the Longford office, in fairness to them, have worked very hard to improve the service.

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