Michael Ring (Mayo, Fine Gael)
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Question 417: To ask the Minister for Social and Family Affairs the reason the farm assist entitlement of a person (details supplied) in County Mayo has been reduced to a maximum payment applies, rather than the maximum rate assessed; the reason this person was only allowed a half-rate CDA for one child in view of the fact that they have two dependent children; and if he will make a statement on the matter. [32391/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The person concerned is in receipt of farm assist at the weekly rate of €107.10. As the spouse of the person concerned is in receipt of injury benefit in her own right he is not entitled to a qualified adult allowance in respect of her.

The entitlement of the person concerned is also subject to the limitation in the legislation which provides that, where one spouse is entitled to one of a number of social welfare payments, including injury benefit, and the other is entitled to farm assist, the total payable to them cannot be more than the married rate of benefit or assistance payable whichever is the higher.

The maximum amount payable in each case is calculated as follows:

As the rate of injury benefit, €264.30, is greater than the rate of farm assist, €249.30, the limitation applied is based on the injury benefit rate. Therefore, the maximum rate of farm assist payable is €107.10, that is €264.30 less €157.20. These payments include half-rate dependant child allowance.

The question of the payment of a second child dependant allowance has yet to be determined and an application form for this purpose was issued to the person concerned on 2 November 2005. Upon receipt of this form this aspect of his claim will be examined, a decision will be made and the person concerned will be notified of the outcome.