Written answers

Thursday, 1 March 2007

Department of Social and Family Affairs

Social Welfare Code

5:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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Question 167: To ask the Minister for Social and Family Affairs if, in view of the Government's stated intention to eliminate poverty here and the very real exposure to poverty faced by many children, he will amend the child benefit eligibility criteria to ensure that all children living here are entitled to a child benefit payment; and if he will make a statement on the matter. [8073/07]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 184: To ask the Minister for Social and Family Affairs if his attention has been drawn to the hardship caused by the application of the habitual residency clause for those seeking child benefit; his plans to review same; and if he will make a statement on the matter. [8233/07]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 167 and 184 together.

Child benefit can be paid in respect of every child under the age of 16 years, who is ordinarily resident in the State. Payment can be extended to the 19th birthday if the child is in education, or disabled and incapable of self-support. The benefit is paid to the qualified person with whom the child resides and since 1 May 2004, the qualified person must satisfy the Habitual Residence Condition.

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. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States without the transitional limitations which were being imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere is not paid social welfare payments on arrival in Ireland.

EU Regulations provide that migrant workers who are EEA nationals, i.e. EEA nationals who have been employed or self-employed since coming to this country, or receiving Irish Jobseeker's benefit, are entitled to payment of family benefits in respect of their families who reside in another Member State. In these circumstances the family members are treated as if they are habitually resident in Ireland for the purpose of Child Benefit.

For the period from 1 May 2004 to 31 January 2007, the number of child benefit claims that required particular examination of the habitual residence condition was 16,092. Of these only 1,557 (less than 10%) were disallowed. Those who are refused are mainly persons whose claim to asylum has not yet been decided, who do not have a work permit or who have only a minimal attachment to the workforce in Ireland.

I am satisfied that the habitual residence condition is achieving its intended purpose, allowing access to our social welfare schemes to persons who are genuinely and lawfully making Ireland their habitual residence, while preventing unwarranted access by persons who have little or no connection with the State. I have no plans to remove the condition.

Photo of Ivor CallelyIvor Callely (Dublin North Central, Fianna Fail)
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Question 168: To ask the Minister for Social and Family Affairs the progress that has been made with child benefit payments over the past few years; the current payment levels and the comparison figure for the period 1994 to 1997; and if he will make a statement on the matter. [8089/07]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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Child benefit is a universal payment, paid in respect of children up to the age of 16 years. It continues to be paid in respect of children up to age 19 who are in full-time education, or who have a physical or mental disability.

The policy of the Government over the past number of years has been to substantially increase the amount spent on child benefit for all families. Commitment to this policy is reflected in the significant resources invested in the scheme since 2001, increasing monthly payments to €160.00 for each of the first two children and €195.00 for the third and subsequent children from April 2007. This represents increases of 320% and 294% respectively since 1997, compared to a 41.4% increase in the consumer price index over the same period.

The information on rates of pay sought by the Deputy can be found in the table.

Table: Child Benefit monthly rates 1994-2007
Year1st and 2nd child3rd and subsequent children
199425.39 Denotes rate for first to third child31.74 Denotes fourth and subsequent children
199534.2840.63
199636.8243.17
199738.0949.52
199840.0053.33
199943.8158.41
200053.9671.11
200185.80109.20
2002117.60147.30
2003125.60157.30
2004131.60163.30
2005141.60177.30
2006150.00185.00
2007160.00195.00

Photo of Ivor CallelyIvor Callely (Dublin North Central, Fianna Fail)
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Question 169: To ask the Minister for Social and Family Affairs if his Department has a role in the rent supplement process of a person's application where there are concerns by the community welfare officer regarding the applicant's social welfare payment; and if he will make a statement on the matter. [8090/07]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The supplementary welfare allowance scheme, which is administered on behalf of my Department by the Health Service Executive, provides for the payment of a weekly or monthly supplement in respect of rent to eligible persons in the State whose means are insufficient to meet their accommodation needs. While the administration of the scheme is subject to my general direction and control and my Department can provide advice and guidance to the Executive, neither I nor my Department has any function in relation to decisions on individual claims.

In order to be eligible for rent supplement, the Executive must verify that the applicant has satisfied a number of conditions, including that the person in question:

is habitually resident in the State,

is a bona fide tenant,

satisfies a means test, and

satisfies the Health Service Executive that he or she has a housing need which cannot be met from his or her own resources.

As part of the Executive's investigations into a person's circumstances they will, in general, seek to determine what payments, if any, the person is receiving directly from my Department. The Executive can verify the status of an applicant's social welfare payment either through direct access to my Department's computer systems or by contact with the section dealing with the individual's claim.

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