Michael Noonan (Limerick East, Fine Gael)
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Question 75: To ask the Minister for Social and Family Affairs the number of people who availed of PRSI refunds on maintenance payments in 2006; the amount of money refunded; and if he will make a statement on the matter. [7988/07]

Séamus Brennan (Dublin South, Fianna Fail)
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In the case of a separated person who makes an enforceable maintenance payment, PRSI is levied at the point at which it is earned as part of the person's earnings/income and also as income in the hands of the receiving spouse.

To prevent a double payment of PRSI in such cases, Section 37 of the Social Welfare Consolidation Act 2005 provides for the return of any employment contribution, self-employment contribution, voluntary contribution or optional contribution to the maintenance payer.

During 2006 refunds of PRSI in this category totalling €81,080.51 were made to 42 persons.

Bernard Allen (Cork North Central, Fine Gael)
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Question 77: To ask the Minister for Social and Family Affairs the schemes under which the direct payment of the qualified adult allowance to qualified adults will be made; the schemes to which the direct payment will not apply; his plans to extend the direct payment in respect of all schemes; and if he will make a statement on the matter. [7969/07]

Séamus Brennan (Dublin South, Fianna Fail)
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A person who is in receipt of a social welfare payment may claim an increase in respect of a dependent spouse or partner. This increase, known as the Qualified Adult Allowance (QAA), is normally paid as a single amount with the primary payment to the claimant.

In recent years the question of paying the QAA direct to the adult dependant has been raised in a number of reports, the intention being to provide the dependant with a level of economic freedom. Significant changes have been made in the social welfare code, over the years to ensure as many people as possible qualify for a social welfare payment in their own right.

The qualifying conditions for a pension have been significantly eased, for example through reducing the minimum yearly average of contributions required to qualify for a pension and the introduction of homemaker credits for the benefit of people of working age engaged in home duties.

In the case of the State pensions (non-contributory) (SPn/c), the means of the couple are jointly assessed and where both are over the age 66, each receives a pension in his/her own right.

I am aware that, while the situation of people qualifying for pensions in their own right has increased, there is still a large number of adults dependent on their spouses' social welfare payment for support.

In October 2002, my Department introduced arrangements to pay the QAA on request to the spouse or partner of new claimants of State Pension (contributory) (SPC) or State pension (Transition) (SPT). Since these arrangements were introduced, some 1,400 couples have indicated their preference to have the QAA paid separately.

In the Budget of December 2006, I announced significant improvements in the rate of payment for qualified adults on State pensions and important changes in the way these payments will be made in the future. The Programme for Government contains a commitment "to introduce a personal pension entitlement for pensioner spouses currently in receipt of the qualified adult allowance," and the changes introduced in this budget mark a significant step in this regard.

Following the changes announced in the Budget, new qualified adults will receive their portion of the pension direct. However, customers who wish to be paid their pension jointly will be able to opt for joint payment. The revised arrangements will apply to all new applicants for SPT, SPC and SPn/c with effect from September 2007. Operational arrangements for this initiative are currently being developed in my Department and will be finalised in advance of the implementation date.

The position regarding people of working age is less straight forward and separate payment may be appropriate for certain schemes. I am having this matter kept under review in my Department.

Paul Gogarty (Dublin Mid West, Green Party)
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Question 78: To ask the Minister for Social and Family Affairs when the recently announced audit of the welfare code will take place to ensure its compatibility with welfare legislation. [7928/07]

Séamus Brennan (Dublin South, Fianna Fail)
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The purpose of the review of the social welfare code, which is currently being undertaken in my Department, is to examine its compatibility with the Equal Status Act, 2000 (as amended). The review will examine the schemes and services provided for both in social welfare legislation and the administrative schemes operated by the Department. It will identify any instances of direct or indirect discrimination, on any of the nine grounds under the Act — gender, marital status, family status, sexual orientation, disability, religion, age, race and membership of the Traveller community — that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.

A decision was taken after considerable background work and consultation with the Department of Justice, Equality and Law Reform that the review would take place in two phases. Phase 1 involved the undertaking of a scoping exercise to establish the most appropriate approach and methodology to carrying out the main review, which would be robust and verifiable. That exercise, which was carried out by consultants following a tendering process, is now complete. My Department has taken the decision that the main review should be put out to tender. The request for tender document is currently being prepared using the material produced in Phase 1 as the basis for the terms of reference of the review. It is anticipated that the request for tender for the Review will be placed on the Government e-tender website and in the Official Journal of the European Union later this month.