Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 5:

In page 8, between lines 16 and 17, to insert the following:"Child benefit – amendment

14.Part 4 of the Principal Act is amended by the insertion of the following section after section 220:

"Regulations

220A.Regulations may provide for requiring an employer to give such information to the Minister as he or she may require for the purposes of determining entitlement to child benefit. These regulations may only provide for such an exchange of information when—

(a) the Minister can demonstrate that it is required in order to verify the habitual residence condition in relation to entitlement to child benefit,

(b) the Minister can demonstrate, in cases of a parental separation or divorce, that the employment information of the spouse of a child benefit customer is required in order to prevent delays in the processing of a child benefit claim,

(c) the Minister can demonstrate that it is required in cases where a significant and onerous delay in the payment of child benefit would occur if the Department waited until a child benefit customer’s social insurance contribution records became available at the end of the particular tax year.".".

I mentioned on the previous occasion that I would return to the issue of child benefit in terms of opposing the section. Child benefit is a very important payment and it should be protected. The universality of child benefit is its most important feature because regardless of people's family situation, their employment status or where they are from, the State provides support to them as a parent. It is a payment I really believe in. It may not appear to be the case yet but I believe it is the universality principle of this Part of the Bill that is being challenged, so I read the Official Report of the Minister's contributions in the Dáil and the briefing notes he sent to the members of the Joint Committee on Social Protection and identified the exact reasons the Minister provided for requesting these additional powers. As a result, my amendments were deliberately designed to give the Minister the ability to make the regulations to allow him contact employers regarding entitlement to child benefit for the reasons he outlined, some of which I will now outline.

On Committee Stage the Minister stated: "While it is absolutely correct to say that the employment status of an Irish parent is immaterial to a child benefit claim, all child benefit customers claiming under domestic legislation must satisfy the habitual residence condition." That is a fair enough reason for wishing to contact employers and that is why I have included a provision in paragraph (a) of my amendment allowing the Minister to issue regulations when "... the Minister can demonstrate that it is required in order to verify the habitual residence condition in relation to entitlement to child benefit".

Regarding paragraph (b) of my amendment, on Committee Stage the Minister stated:

[...] difficulties can arise in the case of child benefit when information on employment is required and where the information does not refer to the customer but to the spouse or partner of the customer. This is particularly difficult in separation or divorce cases where the customer may not have the co-operation of the spouse, partner or former partner in terms of supplying the required information. This can lead to a situation where there is an entitlement to child benefit but where the processing of the claim can be impeded. Contacting employers directly removes this difficulty for customers in that situation.

Based on what the Minister said on Committee Stage, and this seems to be a strong, customer-focused change, I have allowed for it in paragraph (b) of the amendment which reads: "[when] the Minister can demonstrate, in cases of a parental separation or divorce, that the employment information of the spouse of a child benefit customer is required in order to prevent delays in the processing of a child benefit claim".

With regard to paragraph (c) of my amendment, on Committee Stage the Minister stated:

My Department has access to social insurance contribution records. However, these records only become available at the end of the tax year and are not available to the Department in real time. This means that they can only be updated in arrears but while my Department routinely requires employment information for benefit purposes in real time, to await updated social insurance records would delay payment to customers. The practical thing to do, and the most customer-focused solution, is to contact employers directly where the customer is not in a position to easily provide the necessary information him or herself.

Again, that seems fair and that is the reason for paragraph (c) of the amendment which reads: "the Minister can demonstrate that it is required in cases where a significant and onerous delay in the payment of child benefit would occur if the Department waited until a child benefit customer's social insurance contribution records became available at the end of the particular tax year". That seems fair and rather than opposing the entire section, I have taken on board the reasons for which the Minister said he would need the powers to make his role more effective and improve the experiences of those in receipt of child benefit. I am happy to work with him on that and offer a compromise with the amendments I have put forward. However, the Minister should not be given a blank cheque that would allow him to be able to access all employer data on everyone receiving child benefit, which is what effectively his original amendment allows the Department to do. I hope the Minister can accept those amendments, and I thank the Minister.