Written answers

Tuesday, 27 March 2007

Department of Social and Family Affairs

Social Welfare Code

11:00 am

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 460: To ask the Minister for Social and Family Affairs the average time it takes to process an application for social welfare where the issue of the habitual residence clause arises; and if his attention has been drawn to hardship arising from delays in this regard. [11704/07]

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 461: To ask the Minister for Social and Family Affairs the reason Irish nationals who return home after a period of absence abroad are now having difficulty in accessing social welfare payments due to the habitual residence clause; and if he will make a statement on the matter. [11705/07]

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

I propose to take Questions Nos. 460 and 461 together.

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 the 1st of May 2004.

In the majority of cases, decisions as to whether applicants for social assistance or child benefit satisfy the habitual residence condition are made without delay on the basis of information supplied in the claim form. More complex cases are referred for decision to specialised units and these cases are usually decided within two weeks. In some cases Deciding Officers need to request additional information from applicants and this can result in longer processing times.

While Supplementary Welfare Allowance is subject to the habitual residence condition, once-off exceptional and urgent needs payments can be made to those experiencing hardship without their having to establish that they are habitually resident.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

Question 462: To ask the Minister for Social and Family Affairs if it is possible to extend the homemakers scheme retrospectively for 10, 20 or 30 years; the implications of same with respect to cost; and if he will make a statement on the matter. [11782/07]

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

The social welfare pension rights of those who take time out of the workforce for caring duties are protected by the homemaker's scheme which was introduced in and took effect from 1994. The scheme allows up to 20 years spent caring for children or incapacitated adults to be disregarded when a person's social insurance record is being averaged for pension purposes. However, the scheme will not of itself qualify a person for a pension. The standard qualifying conditions, which require a person to enter insurance 10 years before pension age, pay a minimum of 260 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time they enter insurance until they reach pension age, must also be satisfied.

For any year to be disregarded, a homemaker must be out of the workforce for a complete year (52 weeks). Provision is also made for the award of credited contributions in the year in which a person commences or ceases to be a homemaker.

The question of backdating the homemaker's scheme gives rise to difficult and complex issues, not least of which is the position of other groups excluded from social insurance cover over the years and who do not qualify for contributory pensions. In general, changes to insurability of employment are not backdated and the same principle was applied to the homemaker's scheme when it was introduced in 1994.

A Green Paper on pensions is currently being prepared and will deal with the full range of issues and challenges associated with the pensions system including the issues relating to backdating the homemaker's scheme. Following the publication of the Green Paper there will be a consultation process leading to the development of a long-term policy framework on pensions.

Comments

No comments

Log in or join to post a public comment.