Jack Wall (Kildare South, Labour)
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Question 443: To ask the Minister for Social and Family Affairs the number of people who are in receipt of a pre-1953 old age contributory pension; if the payments for this pension are less than the non-contributory old age pension; the reason for same; and if she will make a statement on the matter. [35733/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The special half-rate Pre-1953 State Pension (Contributory) was introduced with effect from 5th May 2000. To qualify for this pension, a person must have at least 260 full-rate contributions paid. The 260 can be made up solely of pre-1953 contributions, or a mixture of pre and post-1953 contributions. At the end of September 2008, the numbers of people receiving this pension was 26,130.

The personal rate of pension payable for Pre-1953 pension is half the maximum standard rate of State Pension (Contributory) which is less than the maximum rate of State Pension (Non-Contributory). The rate of State Pension (Non-Contributory) is subject to a mean test so the rate payable in any case is dependent on the personal circumstance of each individual. Any increases awarded for a qualified adult or dependent child(ren) are also payable at half the standard rate.

Michael Ring (Mayo, Fine Gael)
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Question 444: To ask the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded jobseeker's allowance. [35735/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned applied for jobseeker's allowance on 10 October 2008. His claim is currently being examined, a decision will be made as soon as possible and he will be notified of the outcome.

Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

John O'Mahony (Mayo, Fine Gael)
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Question 445: To ask the Minister for Social and Family Affairs the number of people benefiting from the back to work allowance over the past three years and the breakdown for each county in tabular form; if there is a significant restriction on those now benefiting from this allowance; and if she will make a statement on the matter. [35755/08]

John O'Mahony (Mayo, Fine Gael)
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Question 446: To ask the Minister for Social and Family Affairs the number of people benefiting from the back to education allowance over the past three years and the breakdown for each county in tabular from; if there is a significant restriction on those now benefiting from this allowance; and if she will make a statement on the matter. [35756/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Question Nos. 445 and 446 together.

Details of the number of people benefiting from the back to work allowance and the back to education allowance over the past 3 years are set out as follows in tabular format. The tables also show the breakdown for each scheme on a county basis.

The back to education scheme is a second chance education opportunity designed to remove the barriers to participation in second and third level education. It encourages and facilitates people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The objective of the scheme is to enhance the employability skills of vulnerable groups who are distant from the labour market.

The back to work allowance scheme is designed to assist and encourage the long term unemployed, lone parents, people with disabilities and other social welfare recipients to return to the active labour force. These allowances provide a monetary incentive for people who are long term dependant on social welfare payments to make the return to work financially attractive and viable.

There were no new conditions introduced to these schemes in Budget 2008. Both of these schemes show increases in the total numbers participating over the past three years. The numbers availing of the back to work allowance increased by 2%, while the numbers availing of the back to education allowance increased by 22%. The numbers on the back to education allowance are at their highest level ever and are expected to increase again this year.

Séamus Kirk (Louth, Fianna Fail)
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Question 447: To ask the Minister for Social and Family Affairs if child benefit is paid by her Department in respect of children living outside the jurisdiction; and if she will make a statement on the matter. [35765/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Child Benefit is payable to children who are ordinarily resident in the state or who reside with a qualified person outside the state, while that person is a member of the defence forces, a civil servant posted abroad, a volunteer development worker or who remain insurable under Irish Social insurance while working abroad.

EU Migrant workers may have an entitlement to Child Benefit and other "Family benefits" under EU Regulation 1408/71. Where a national of an EU state is working in Ireland, she/he is entitled to payment of these benefits, even if his/her children are resident in the worker's home country.

The social security rights of people living and working in the EU are governed by EU Regulations 1408/71 and 574/72. The Regulations co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work. This is achieved primarily by setting out rules as to which State's social security a person will pay insurance when, for example, s/he moves from one Member State to another to take up work or where s/he lives in one State and works in another. In addition, the Regulations also set out rules as to which State will pay benefit in the event of the usual contingencies arising, sickness, unemployment old-age etc.

The general rule is that a person is insured in the State in which s/he works. Equally, the state of employment has, in general, responsibility for paying benefits when, for example, a person becomes unemployed or ill. The Regulations also provide that, when entitlement to benefit is being examined, account must be taken of insurance paid in any other Member State where the person worked.

For the purposes of the EU Regulation, Irish Child Benefit and Early Childcare Supplement are classified as Family Benefits and there are specific rules governing the payment of these benefits.

Because entitlement to family benefits can often arise in more than one Member State (based on residence and/or employment) the Regulations set out a number of rules in order to determine which country pays family benefits. The main ones are:

Residence requirements in national legislation (such as the habitual residence condition in Ireland) are overridden.

The level of payment of family benefits in the State of employment has priority over the level of payment in the State of residence. If there is employment in two States, the level of payment in the State of residence of the children has priority.

If the level of payment of family benefits in the State of residence is higher than that in the State of employment, the State of residence is required to pay a supplement equal to the difference between the two amounts.