Denis Naughten (Longford-Roscommon, Fine Gael)
Link to this: Individually | In context

Question 47: To ask the Minister for Social and Family Affairs if he will introduce new regulations for the diet supplement; and if he will make a statement on the matter. [30866/05]

Séamus Brennan (Dublin South, Fianna Fail)
Link to this: Individually | In context

Diet supplements are provided through the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive. A person in receipt of a social welfare or Health Service Executive payment, who has been prescribed a special diet as a result of a specified medical condition and who is unable to provide for his or her food needs from within his or her own resources, may qualify for a diet supplement under the supplementary welfare allowance scheme. Diet supplements are subject to a means test. Under the existing scheme, the amount of supplement payable in individual cases depends on which of two categories of diet — low cost or high cost — has been prescribed by the applicant's medical adviser and the income of the individual and his or her dependants. The basis for calculating the amount of diet supplement remained unchanged between 1996 and 2004. Increases in social welfare rates and in the cost of special diets since 1996 had not been taken into account in assessing entitlement in individual cases.

With effect from 1 January 2004 the diet supplement scheme was restructured to take account of increases in both social welfare payment rates and the rate of food inflation since 1996. In the case of new applicants for diet supplement the amount of supplement payable is based on increased up to date diet costs, €44 for lower cost diets or €57 for higher cost diets, less one third of the applicant's income or one sixth of the joint income in the case of a couple. Since increases in the social welfare payment rates were higher than food price inflation since 1996, the shortfall to be met by the diet supplement is less than it was in the past. People in receipt of a diet supplement prior to the introduction of the revised regulations on 1 January 2004 continue to receive their existing rate of supplement until such time as there is a change in their circumstances that would warrant a review of their cases. Pending any changes I make to the scheme, similar arrangements continue to apply this year for existing and new cases, taking account of 2005 rates of social welfare payments.

To inform a reappraisal of the scheme, my Department commissioned a study by an expert from the Irish Nutrition and Dietetic Institute. The study examined the special diets prescribed in legislation for which assistance is available through the existing diet supplement scheme. The study also considered the appropriate level of assistance required to cater for additional costs involved in providing for necessary special diets, relative to the cost of a normal healthy eating diet. The findings of this research study have been assessed by my Department to determine how the diet supplement scheme should be developed. Development of a new scheme is complex, as the expert advice is that certain diet conditions covered under the existing scheme should be adjusted to reflect the latest medical and dietary thinking. I expect to introduce revised regulations to update the scheme shortly. My Department is making arrangements also to publish the research study. In finalising the revised scheme and regulations, I want to make sure that the new supplement coverage and payment rates put in place continue to enable people on low incomes to meet the identified extra cost of medically recommended special diets if they need them. In the meantime, diet supplements continue to be provided for existing recipients and new applicants as heretofore.

David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

Question 48: To ask the Minister for Social and Family Affairs the number of cases under the habitual residence condition that have been decided to date in 2005 since its introduction; the number of these cases where applicants were denied assistance; the number of these applicants who are Irish citizens; his plans to review and change the restriction; and if he will make a statement on the matter. [30876/05]

Gerard Murphy (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 84: To ask the Minister for Social and Family Affairs when the review of the habitual residence condition will be finalised; and if he will make a statement on the matter. [30865/05]

Séamus Brennan (Dublin South, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 48 and 84 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 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 individual circumstances of each case. An applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

In the vast majority of cases other than supplementary welfare allowance claims, decisions on whether or not applicants satisfy the habitual residence condition are made by deciding officers in local offices and scheme areas, on the basis of responses given to questions in the primary claim forms for the schemes. The remainder are submitted for decision to a central section. Regarding supplementary welfare allowance, all decisions in respect of the habitual residence condition are made by community welfare officers at claim registration.

For the period 1 May 2004 to 21 October 2005, the number of habitual residence cases decided in the central section was 22,487. The total number of cases deemed not habitually resident was 5,659 or 25%. The number of applications decided in respect of Irish citizens is 5,574, of which 546 or 10% were disallowed. 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 people whose cases are appropriate to the system have access to it when they need it. The operation of the habitual residence condition has been kept under review by officials of my Department since its introduction. A review the operation of the habitual residence 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 to draw conclusions from the review by the end of the year.

Breeda Moynihan-Cronin (Kerry South, Labour)
Link to this: Individually | In context

Question 52: To ask the Minister for Social and Family Affairs his priorities for social welfare in the context of the forthcoming Estimates, budget and Social Welfare Bill; and if he will make a statement on the matter. [30951/05]

Séamus Brennan (Dublin South, Fianna Fail)
Link to this: Individually | In context

The 2006 Estimates for social welfare spending will be published on November 17 next and will represent the cost of implementing existing levels of services in the various programmes and services provided by my Department and its agencies. Normally, improvements in social welfare schemes and services are introduced by way of the budget. In this regard, I will be developing budget proposals relating to the various issues within my own area of responsibility, having regard to Government commitments relating to weekly rates of payment and monthly child benefit rates; addressing child poverty; improving pensions provision; removing the obstacles to employment, training and education for various vulnerable groups; examining ways of increasing supports for carers; and the views expressed at the recent pre-budget forum at which 31 welfare organisations presented submissions. Immediately following budget day, I will bring forward a Social Welfare Bill to provide for increases in the weekly payment rates and changes to the PRSI provisions or other amendments, which would be scheduled to come into effect from January 2006. Budget 2006 provisions requiring legislative basis and scheduled to take effect after January 2006 and any other non-budget related legislative amendments will be provided for under a second Bill expected to be progressed through the Oireachtas in early 2006.