David Stanton (Cork East, Fine Gael)
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Question 211: To ask the Minister for Social and Family Affairs, further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of such review; and if charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16206/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The main business of my Department concerns the payment of cash benefits to customers. As such there are only a few instances of charges which come within my area of responsibility.

To fund social insurance related payments, social insurance contributions are levied against employees, self-employed workers and employers. Legislation setting out liability for and the collection of PRSI contributions is provided for in Part II of the Social Welfare (Consolidation) Act 1993. The Minister is empowered to make regulations under this Act to detail the legal requirements for the payment of contributions and related matters, including the charging of interest on arrears of contributions. These contributions are remitted to the Collector General or the Minister for Social and Family Affairs as appropriate and as provided for under statute.

In addressing issues relating to overpayments, repayment and the recovery of social welfare payments, Part VIII of the Social Welfare (Consolidation) Act 1993 provides a legal basis for the assessment and collection of sums due to the social insurance fund or the Minister as appropriate.

Part IX of the Social Welfare (Consolidation) Act 1993 stipulates an obligation on spouses to maintain each other and their children and on parents to maintain their children. The Act also imposes a liability on the "liable relatives" of specified social welfare recipients to contribute towards the cost of social welfare payments. The legal provisions allow for a determination of a person's ability to contribute towards these costs and the amount of weekly contribution due. The methods of assessment of the liable relative's ability to pay are specified in detail in social welfare regulations.

The only fees charged by my Department arise in relation to requests arising under freedom of information legislation. The fees charged are in accordance with statute and the published guidelines which apply across the Civil Service.

In relation to the four agencies under the aegis of my Department, the position is as follows: the pensions board levies fees on the trustees of occupational pension schemes and the providers of personal retirement savings accounts, PRSA. These fees generate an income for the board to fund its regulatory function. The necessary authority to levy these fees is contained in the Pensions Act 1990, as amended, with the actual amounts involved specified in regulations; the Family Support Agency is empowered under section 8 of the Family Support Act 2001 to charge, with the consent of the Minister for Social and Family Affairs, such fees as it considers necessary and appropriate in consideration of the provision by it of its services. In practice the only area in which the agency levies a charge for any of its services is in the provision of training in family mediation; and Comhairle and the Combat Poverty Agency charge for attendance at certain seminars-conferences and for certain publications on a selective basis. The level of the charge set represents a contribution to the relevant costs.

I am satisfied that any collection of funds by my Department or agencies is based on a sound legal footing and that, accordingly, a formal review in this regard is not required at this time.

In relation to the legal basis of decisions generally, my Department's decisions advisory office is carrying out a consultation process within the Department to ensure that in relation to the blocks of legislation under which the Department operates, all appropriate guidelines and instructions are in place and up to date and to ensure that any areas of concern in this regard are identified and addressed.