Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 146: To ask the Minister for Social and Family Affairs his plans to remove the habitual residency clause from the conditions applicable to payment of child benefit as it would be in the best interests of children. [20695/07]

Martin Cullen (Waterford, Fianna Fail)
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Child benefit may 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 incapable of self-support. The benefit is paid to the qualified person with whom the child resides and 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 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 EEA nationals who are migrant workers, i.e. who are employed or self-employed in this country, or who are receiving Irish Jobseeker's benefit since being in employment here, are entitled to payment of family benefits in respect of their families who reside in another Member State. Under these Regulations the family members are treated as if they are habitually resident in Ireland for the purpose of child benefit.

Between January and the end of August 2007, a total of 28,542 decisions were made on new child benefit claims. Of these 3,430 (12%) required particular examination of the habitual residence condition. 90% of these satisfied the condition and only 341 (10%) were refused as this condition was not satisfied. In effect just over 1% of the total number of decisions on new child benefit claims failed to satisfy the habitual residence conditions.

Those who are refused child benefit are mainly persons whose claim to asylum has not yet been decided, others who have not obtained a work permit, or persons who have had only a minimal or no attachment to the workforce since coming to 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.

Joan Burton (Dublin West, Labour)
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Question 150: To ask the Minister for Social and Family Affairs if he will accept the recommendation of the Law Reform Commission that same sex cohabitants should be treated in the same way as opposite sex cohabitants for social welfare payments; and if he will make a statement on the matter. [20727/07]

Martin Cullen (Waterford, Fianna Fail)
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The recommendation of the Law Reform Commission arose from one of two important pieces of work regarding different types of partner relationships and how they should be treated and recognised in Irish society. The first report an 'Options Paper, presented by the Working Group on Domestic Partnership to the Minister for Justice, Equality and Law Reform, focuses on different types of cohabiting relationships, both same and opposite sex, and presents a range of options with regard to giving legal recognition to these relationships. Officials from my Department contributed to the work of this Group.

The second report — the 'Report of the Law Reform Commission on the Rights and Duties of Cohabitants' — makes substantial recommendations for reform of the law concerning cohabitants including both opposite sex or same sex couples who live together.

These reports come at a time of wide public debate on the question of according legal status to cohabitants generally, and same sex couples in particular, and will contribute to the informed debate on these important topics.

My own Department is currently carrying out a technical review of the entire social welfare code 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, including: gender, sexual orientation, marital status and family status that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.

This work, together with the reports I have referred to, will contribute to informed planning and policy making to ensure that the social welfare system reflects the needs and expectations of citizens and is equitable in meeting those needs.