Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Question 5: To ask the Minister for Social and Family Affairs if he will restore child benefit as a universal payment to all children. [8153/07]

Séamus Brennan (Dublin South, Fianna Fail)
Link to this: Individually | In context

Child benefit can be paid in respect of every child under the age of 16 years, who is ordinarily resident in the State. Payment can be extended to the nineteenth birthday if the child is in education, or incapable of self-support. The benefit is paid to the qualified person with whom the child resides and since 1 May 2004, the qualified person must satisfy the habitual residence condition.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the ten new EU member states, without the transitional limitations that were imposed at that time by most of the other member states. The effect of the condition is that a person whose habitual residence is elsewhere is not paid social welfare payments on arrival in Ireland. EU regulations provide that EEA nationals who are migrant workers who are, that is, who have been employed or self-employed since coming to this country, or receiving Irish jobseeker's benefit, are entitled to payment of family benefits in respect of their families who reside in another member state. In these circumstances the family members are treated as if they are habitually resident in Ireland for the purpose of child benefit.

For the period from 1 May 2004 to 31 January 2007, the number of child benefit claims that required particular examination of the habitual residence condition was 16,092. Of these, only 1,557, less than 10% were disallowed. Those who are refused child benefit are mainly persons whose claim to asylum has not yet been decided, who do not have a work permit or who have only a minimal attachment to the workforce in Ireland.

I am satisfied that the habitual residence condition is achieving its intended purpose, allowing access to our social welfare schemes to persons who are genuinely and lawfully making Ireland their habitual residence, while preventing unwarranted access by persons who have little or no connection with the State.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Does the Minister accept that child benefit is a key mechanism for ending child poverty? Would he also accept that children who are now prevented from receiving child benefit due to the habitual residence condition are most in need of it, given that their parents are not permitted to work while awaiting a decision on their residency application? Does the Minister acknowledge that our immigration policy is taking precedence over anti-poverty measures, with children being driven into greater poverty due to child benefit no longer being a universal payment?

How does the Minister respond to the charge that, while all children are equal, this Government considers some more equal than others with this blatant discrimination? Does the Minister accept that the Government's immigration policy is in contravention of the Minister's stated policy objective of eliminating child poverty? If a child is hungry, we should address that hunger. However, whether it was due to media concerns that Ireland would be swamped by people from other European countries or for other reasons, we introduced the habitual residence condition with regard to people who should be entitled to this benefit. How many people does it affect? Does the Minister accept that families who have been denied this payment are struggling to afford warm clothes and nutritious food for their children?

Séamus Brennan (Dublin South, Fianna Fail)
Link to this: Individually | In context

I have met various organisations about this issue. The Department, the Government and I wish to take a humane and caring approach to it. As the Deputy correctly points out, children are innocent parties in these decisions to move from country to country. We will keep a close eye on it. Ireland was one of only three states to open its borders in 2004; most other member states did not do that. We have led the way in welcoming and integrating immigrants, and I hope that sensible approach will continue.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Is it not half a welcome?

Séamus Brennan (Dublin South, Fianna Fail)
Link to this: Individually | In context

Only 10% of the claims were disallowed. The number of child benefit claims that required examination of the habitual residence condition was 16,000 between May 2004 and January 2007. The 10% that were disallowed were disallowed for good reasons. There was little or no connection with the State.

There is a safety net through social welfare officers, community welfare officers and the social welfare system. There is support available for hardship cases. We have a caring system in which we try to assist children in particular. The numbers I have quoted show that most non-national families are eligible for and receiving child benefit.