Séamus Kirk (Louth, Fianna Fail)
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Question 353: To ask the Minister for Social and Family Affairs his views on extending the fuel allowance to a year-round basis; and if he will make a statement on the matter. [9342/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The aim of the national fuel scheme is to assist householders on long-term social welfare or health service executive payments with meeting the cost of their additional heating needs during the winter season. Fuel allowances are paid for 29 weeks from the end of September to mid-April. The allowance represents a contribution towards a person's normal heating expenses. In addition, many of the households concerned qualify for electricity or gas allowances.

The scheme has been improved in recent budgets. The means test has been eased and the duration of payment increased from 26 weeks to 29 weeks. The budget for 2006 provided for an increase in the rate of fuel allowance of €5 from €9 to €14, €17.90 in designated smokeless areas. Some 264,400 customers, 145,800 with basic fuel allowance and 118,600 with smokeless fuel supplement, will benefit in 2006 at an estimated cost of €125.1 million. In addition to the fuel allowance, more than 320,000 pensioners and other households qualify for electricity or gas allowances through the household benefits package payable towards their heating, light and cooking costs throughout the year at an overall cost of €109 million in 2005. As currently structured, these allowances are linked to unit energy consumption, so that these people are protected against unit price increases in electricity or gas.

There is also a facility available through the supplementary welfare allowance scheme to assist people in certain circumstances with special heating needs. If a person has an exceptional heating cost by virtue of a particular infirmity or medical condition which he or she is unable to meet out of household income, it is open to him or her to apply to the local community welfare officer for a special heating supplement under the supplementary welfare allowance scheme.

Any changes in the means rules or other conditions of the scheme would have significant cost implications and would have to be considered in the context of the budget and in the light of the resources available to me for improvements in social welfare generally.

Paul McGrath (Westmeath, Fine Gael)
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Question 354: To ask the Minister for Social and Family Affairs if, with regard to maternity benefit, his views on whether time spent caring for a special needs child can be assessed as contributions for the purpose of maternity benefit; if there are allowances for full-time carers of one child with special needs upon the birth of a second child; and if he will make a statement on the matter. [9357/06]

Séamus Brennan (Dublin South, Fianna Fail)
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Entitlement to maternity benefit is generally contingent in the first instance on entitlement to statutory leave. The right to maternity leave is established under the maternity protection legislation, which is the responsibility of my colleague the Minister for Justice, Equality and Law Reform.

Maternity benefit payments serve as a non-means tested income transfer in lieu of earnings forgone during a period of maternity leave. As with all other social insurance-based payments, the criteria set out for eligibility require a recent link to the labour force as reflected in a minimum number of contributions paid and a number paid or credited in the period prior to claiming the benefit. Women who have accrued the required number of PRSI contributions at class A, E, H or S may establish entitlement to maternity benefit. Only those employees who are entitled to statutory maternity leave or are self-employed can establish eligibility towards maternity benefit. As such, carers who provide care beyond their statutory entitlement to leave are not entitled to receive these payments.

However, my Department operates a number of schemes that cater for the needs of carers. The carer's schemes provide both means-tested and social insurance based payments. Carer's allowance is a means-tested payment directed at carers on low incomes who live with and look after certain people who need full-time care and attention. This includes those needing care due to advanced age, physical or learning disability or chronic illness. Carer's benefit is a weekly social insurance payment that supports those who are entitled to statutory carers leave and leave their job temporarily to care for someone. This payment is based on the social insurance contributions paid by the carer. Payments made under these schemes qualify for credited contributions for the duration of the payment. However, this would not be sufficient to establish entitlement to maternity benefit as there is no certification from an employer as to entitlement to statutory maternity leave.

David Stanton (Cork East, Fine Gael)
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Question 355: To ask the Minister for Social and Family Affairs if, with regard to the case of a person (details supplied) in County Cork, he intends to issue mandatory instruction to community welfare officers regarding the awarding of rent or mortgage interest supplements to one-parent family payment recipients who become full-time students to further their education, update their qualifications or secure future full-time employment; the way in which assessment of entitlement to rent supplement by community welfare officers can result in rent supplement being awarded in some areas but not in others; and if he will make a statement on the matter. [9428/06]

David Stanton (Cork East, Fine Gael)
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Question 356: To ask the Minister for Social and Family Affairs the way in which, despite the issuance of departmental circulars on supplementary welfare allowances, community welfare officers in various Health Service Executive areas have reached different conclusions on the payment of rent supplement to a one-parent family payment recipient (details supplied) in County Cork; his views on the denial of rent allowance to a one-parent family payment recipient on the basis that he or she no longer qualifies for payment owing to involvement in full-time third-level education; his further views on whether this practice is in line with his Department's policy of improving access to education and employment for lone parents; and the action he intends to take to rectify this situation. [9429/06]

David Stanton (Cork East, Fine Gael)
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Question 357: To ask the Minister for Social and Family Affairs the way in which a one-parent family payment recipient (details supplied) in County Cork can be deemed eligible for rent supplement in one area but deemed ineligible by a community welfare office after moving to a different area to return to full-time third level education; and if he intends to alter guidelines or introduce legislation to ensure that this discrepancy does not re-occur. [9430/06]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 355 to 357, inclusive, together.

Rent supplements are available to eligible people through the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department have any function in determining entitlement in individual cases.

Under section 190(1) of the Social Welfare (Consolidation) Act 2001, people in full-time education are not eligible normally to receive assistance, including rent supplements, under the supplementary welfare allowance scheme. However, there is a special provision for retention of rent supplement by qualifying social welfare scheme recipients, including people on one-parent family payment, in the specific situation where they resume full-time education after a defined period with the assistance of the back to education allowance scheme. People participating in approved courses under this facility receive a standard weekly rate of payment equivalent to the maximum rate of their relevant social welfare payment and may retain any secondary benefits, such as rent supplements, which may have been in payment prior to participating in the scheme.

Section 190(3) of the Social Welfare (Consolidation) Act 2005 provides that, in a case where there are exceptional circumstances, supplementary welfare allowance may be granted to a person who would otherwise qualify but for exclusion under section 190(1). This discretion is aimed at enabling assistance to be provided through the scheme, if necessary, to people who face an exceptional non-recurring cost which they cannot meet from their own resources. This exceptional needs provision is not intended to circumvent existing standard rules for other schemes.

The HSE southern area has advised that it refused a claim for rent supplement from the person concerned on the basis that, as a full-time student, she did not satisfy the eligibility criteria for participation in the back to education allowance scheme and that there were no special circumstances to warrant payment of assistance on an exceptional basis. The decision to refuse rent supplement in this case was not based on the person moving to a new location but on the basis of the person becoming a full-time student. The HSE southern area advised that it is not the case that entitlement to rent supplement is assessed differently in different areas.

This decision was appealed to an appeals officer in the executive who upheld the decision of the community welfare officer. The decision was then appealed to the chief appeals officer in the social welfare appeals office who decided that in the circumstances of this particular case, rent supplement should be paid. The executive has advised that the person concerned moved back into the family home while awaiting the outcome of the appeal from the chief appeals officer.

Every case is decided by the community welfare service on the basis of the individual circumstances of the case in question. In this regard, I am satisfied that the current arrangements actively support social welfare recipients in returning to education and progressing into employment and I do not intend to issue any general instruction to community welfare officers or to introduce amendments to existing legislation in relation to the payment of rent or mortgage interest supplements to full-time students.

Jerry Cowley (Mayo, Independent)
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Question 358: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo cannot be allowed participate in the back to work scheme; and if he will make a statement on the matter. [9564/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The back to work enterprise allowance is designed to encourage the long-term unemployed to take up self-employment opportunities by allowing them to retain a reducing proportion of their social welfare payment, plus secondary benefits, over four years. From 1 March 2006, I have reduced the qualifying period for the back to work enterprise allowance — self employed — from the previous three years, for unemployment benefit-assistance recipients, to two years.

The person concerned has not made an application for a back to work allowance but has discussed the matter with my Department's local facilitator. He has only been in receipt of unemployment benefit since 24 January 2005 and is, therefore, not eligible for the allowance at present.