Michael Ring (Mayo, Fine Gael)
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Question 95: To ask the Minister for Social and Family Affairs if he intends to reduce the qualifying period for the back to education allowance to nine months; if so, when he will introduce this change; and if he will make a statement on the matter. [17183/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The back to education allowance is a second chance education opportunities programme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active workforce.

The conditions for entitlement to the third level option of the back to education allowance were revised with effect from 1 September 2004. From that date, the qualifying period was increased from six months to 15 months for new applicants intending to commence third level courses of study. The BTEA scheme was always intended to benefit people who had difficulty finding employment because of a lack of education qualifications. In many cases, people who have not completed second level education are held back in their efforts to obtain employment because of this. The qualification period for people who wish to pursue second level education has remained at six months and the numbers taking second level education with the support of BTEA are increasing.

I reduced the qualifying period for access to the third level option of the scheme to 12 months in the recent budget. I also increased the annual cost of education allowance, paid to people on BTEA, from €254 to €400. These changes will take effect from 1 September 2005. I am satisfied that, overall, the current arrangements ensure that the scheme supports those people who are most distant from the labour market and whose need is greatest. As I have undertaken to the Dáil and the social affairs committee, I will continue to keep the qualifying period for this scheme under regular review.

Jimmy Deenihan (Kerry North, Fine Gael)
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Question 97: To ask the Minister for Social and Family Affairs the progress to date on his review of the second tier payment for children; and if he will make a statement on the matter. [17181/05]

Séamus Brennan (Dublin South, Fianna Fail)
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My Department provides child income support in a number of ways. The principal support is child benefit, which is neutral vis-À-vis the employment status of the child's parents and does not contribute to poverty traps. Over the period since 1997, the monthly rates of child benefit have increased by €103.51 at the lower rate and €127.78 at the higher rate, increases of 272% and 258% respectively. Child benefit rates now stand at €141.60 per month for each of the first two children and €177.30 per month for the third and each subsequent child.

Child dependant allowances are paid in addition to weekly social welfare payments. Since 1994, successive Governments have held the rate of child dependant allowances constant while concentrating resources for child income support on the child benefit scheme. It is important to recognise that over that period, the combined child benefit-child dependant allowance payment has increased by more than double the rate of inflation.

In addition, my Department provides cash support by way of weekly payments to families, including lone parent families, at work on low pay, through the family income supplement scheme. A number of improvements have been made to the scheme over the years, including the assessment of entitlement on the basis of net rather than gross income and progressive increases in the income thresholds, making it easier for lower income households to qualify for payment. The National Economic and Social Council is examining the merging of child dependant allowances with the family income supplement scheme, as a way of addressing the issue of child poverty by channelling resources to low income families without creating disincentives to employment. I look forward to receiving the NESC report in the near future.

Jimmy Deenihan (Kerry North, Fine Gael)
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Question 99: To ask the Minister for Social and Family Affairs when the review of the habitual residence condition will be finished; and if he will make a statement on the matter. [17180/05]

Séamus Brennan (Dublin South, Fianna Fail)
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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. The basis for the restriction contained in the new rules is the applicant's habitual residence. The effect is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland.

The question of what is a person's "habitual residence" is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it. The bulk of claims are in respect of unemployment assistance and child benefit. In the period May 2004 to May 2005, 72% of such cases were found to satisfy HRC.

Arrangements are being made to review the operation of the condition. This review will take account of the operation of HRC to date, together with views received from various groups and organisations who have an interest in this area. I expect the review to be completed later this year.