Ciarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 122: To ask the Minister for Social and Family Affairs the controls which he intends to introduce to ensure that the child benefit payments only go to those migrant workers who are entitled to them. [23001/06]

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

Currently EU migrant workers in Ireland with an entitlement to Child Benefit are in one of two categories, those who have their families living with them in Ireland and those whose families reside in their home country. Applications for child benefit from EU migrant workers who come to live in Ireland with their families are dealt with under domestic legislation. Entitlement to Child Benefit is based on the applicant satisfying the Habitual Residency condition and the child being ordinarily resident in Ireland.

Before Child Benefit is awarded the Department will confirm that the applicant or spouse is in insurable employment in Ireland and that the children are resident in the country. Employment status is confirmed either directly with the employer or via the commencement of employment data held by the Department. The residency of the child is normally confirmed with the school the child is attending. If the child is not yet school age, the parent will be asked to provide confirmation from the family doctor or other nominated professional, of the child's residency in Ireland. Birth certificates for the children are obtained.

When the Department is satisfied that the qualifying conditions have been met, the claim is put into payment and a notification is sent to the EU country where the family previously lived to inform them that the family now resides in Ireland and that Child Benefit is being paid here. The authorities in the other member state will then take any necessary action to regularise the customer's payments (if any) in that jurisdiction.

Child Benefit customers are informed at the time of their claim, and in ongoing communications, of their obligation to inform the Department of any change in circumstances that may affect their entitlement to benefit. Regular checks are carried out to ensure that those in receipt of the benefit are entitled to it. These include the use of mailshots and follow-up Social Welfare inspector visits as required.

Migrant workers who are not EU nationals are dealt with in the same manner as EU nationals but Child Benefit section also confirm that the person is registered with the Garda National Immigration Board (GNIB) as legally resident in the state. EU nationals who come to work in Ireland but whose families remain in their home country have an entitlement to claim Family Benefits in Ireland under EU regulation 1408/71.

When an application is received from an EU migrant worker whose family are resident in another member state, the Child Benefit Office contact the relevant authorities in the member state where the workers family reside. As part of the ongoing control process Child Benefit section contacts the other EU country on a regular basis, normally every three months, to confirm the family situation has not changed.

In view of the increasing numbers of claims under EU regulations for non resident children, additional control procedures are also being introduced for Child Benefit claims to confirm that only those entitled to the benefit receive it.