Pat Breen (Clare, Fine Gael)
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Question 58: To ask the Minister for Social and Family Affairs if his Department has had any discussions with the Department of the Environment, Heritage and Local Government on the introduction of a special bin charge allowance for elderly persons; the progress which has been made to date; if he has proposals in this regard; and if he will make a statement on the matter. [22885/05]

Séamus Brennan (Dublin South, Fianna Fail)
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My Department has held discussions with the Department of the Environment, Heritage and Local Government regarding aspects of the arrangements governing the collection and disposal of domestic waste. The matter is also being discussed through the social partnership process.

The discussions between the Departments have focused on establishing the facts about the level of charges for domestic waste management and the increasing role played by commercial operators in this area. It is clear from those discussions that this is a complex and evolving issue. The range of charges imposed varies considerably from area to area and from operator to operator. In addition, even where the total charges imposed by operators may be similar, the charging regimes vary quite considerably.

The setting of waste management charges and the introduction of waivers in respect of waste charges is, as stated by my colleague the Minister for the Environment, Heritage and Local Government, a matter for the each local authority and a number have done so. The introduction of a national social welfare scheme to address the issue is not considered feasible given the wide range of charging regimes and cost levels that exist in respect of waste management throughout the State. Any system put in place to assist people who rely on private domestic waste collection would have to be sensitive to the different local arrangements.

Ruairi Quinn (Dublin South East, Labour)
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Question 62: To ask the Minister for Social and Family Affairs the position with regard to the habitual residency condition for social welfare payments; if the concerns raised by the European Commission regarding the HRC have been clarified; if he will provide assurances that the HRC does not inflict poverty on persons arriving to Ireland; and if he will make a statement on the matter. [23027/05]

Paul Kehoe (Wexford, Fine Gael)
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Question 82: 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. [22904/05]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 62 and 82 together.

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 EU Commission wrote to the Government on 22 December 2004 setting out a legal analysis of the new condition and its application to workers and their families. The Commission raised a number of issues concerning its compliance with EU law. Officials of my Department are currently engaged in discussion with the EU Commission officials with a view to clarifying the operation of the condition and addressing any issues raised. It is expected that these discussions will be concluded to the satisfaction of both parties by the end of this year.

I am not aware that the habitual residence condition is causing hardship to persons arriving in Ireland. 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.

In addition, the operation of the habitual residence condition has been kept under review by officials of my Department since its introduction. A more systematic review of the operation of the condition is being carried out at present by my officials with a view to: assessing its impact on different categories of persons claiming social assistance-child benefit and supplementary welfare allowance payments; assessing the current organisational arrangements in the Department for administering the condition and the service provided to customers; identifying opportunities for improvements to the administration of the scheme, including those aspects involving other Departments; examining all aspects of the decision making process; and identifying emerging policy issues and considering how these should be addressed.

Account is being taken of the views received from various groups and organisations who have an interest in the area. I expect the review to be completed by the end of the year.

Simon Coveney (Cork South Central, Fine Gael)
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Question 64: To ask the Minister for Social and Family Affairs the steps he has taken or proposals he has considered in making the social welfare system father friendly; and if he will make a statement on the matter. [22894/05]

Séamus Brennan (Dublin South, Fianna Fail)
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People are only identifiable in the social welfare scheme as parents when they have child dependants. Traditionally, the father was the main and often the sole breadwinner, with the mother, as the main care giver, being regarded as dependent on the father. Implementation of the principle of equal treatment for men and women in recent decades has in fact involved making the social welfare system both more mother and father friendly.

The mother, as normally the primary care giver, now generally receives child benefit payments which before had been payable to the father as the main breadwinner. There are no longer differences in payments or in eligibility conditions for men and women under the social welfare system and the concept of dependency has largely been removed. Both men and women are equally eligible for benefits or pensions if they become a lone parent but the majority of lone parents, some 88.5%, are women.

Recognition of the mother as primary care giver has meant that where the parents are separated, the mother usually retains custody of the children and, if there is eligibility, full entitlement to the one-parent family payment. The scheme as it currently operates, therefore, may not sufficiently facilitate or promote joint parenting and to that extent may not be sufficiently father friendly.

This is one of the issues being examined in a review of obstacles to employment faced by lone parents being carried out by a senior officials steering group which is due to report to the Cabinet committee on social inclusion by the end of July. Greater involvement of both parents in the rearing of their children is in the interests of all concerned and any changes to the social welfare system and, in particular, the one-parent family payment that may be needed to achieve that will be fully considered.