Michael Noonan (Limerick City, Fine Gael) | Oireachtas source

If a couple are in the situation where sharing gives a better result for both of them, there is nothing in law to stop them from making an arrangement where they both benefit. Obviously whoever has the higher taxable income takes the credit and pays additional moneys to the person who does not. There is nothing to stop that happening and people can amicably make the arrangement. On the other hand, anybody losing their credit and, therefore, having adjusted income down, is entitled to get a maintenance order adjusted to reflect the new circumstances if one wants to go the legal route.

It is the responsibility of parents to provide for their children. The origins of this particular tax credit was to enable persons, who were inhibited from returning to work by the costs of maintaining children to do so, in circumstances where the burden of caring for a child rested on the shoulders of one person rather than two parents. A lot of the time it was used for child care rather than anything else.

That is the best we can do in these circumstances. I am not going to defer it for a theoretic debate. I am, of course, prepared to review it because we review everything we do in tax. If there is a difficulty and it is not working as we intended, in respect of the 100 day issue, then I shall come back in.