Joe Costello (Dublin Central, Labour)
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Question 357: To ask the Minister for Social and Family Affairs if she will restore the right to child benefit to all children here; the number of children who have been refused the benefit in each of the past five years; the number being refused at present; and if she will make a statement on the matter. [36873/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Child benefit may be paid in respect of a qualified child who must be under the age of 16 years and ordinarily resident in the State. The vast majority of children satisfy the qualifying conditions. The benefit is paid to the qualified person with whom the child normally resides. Since May 2004, the qualified person must satisfy the Habitual Residence Condition. The purpose of the Habitual Residence Condition is to allow access to social welfare schemes to people 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. It was introduced because Ireland at that time was one of only three Member States of the EU to open its borders without restriction to nationals of the new EU States in May 2004.

EU Regulations provide that European Economic Area (EEA) nationals who are migrant workers, i.e. who are employed or self-employed in this country, or who are receiving Irish Jobseekers benefit since being in employment here, are entitled to payment of family benefits in respect of their families. This applies whether the families are resident with them in Ireland or in another Member State. Under these Regulations, the family members are treated as if they are resident in Ireland for the purpose of child benefit.

Approximately 2,780 claims to Child Benefit for some 5,800 children have been refused since May 2004 as the applicant did not satisfy the habitual residence condition. However a number of claims have subsequently been awarded as the customer's residency status or employment circumstances have changed; currently there are some 1,660 claims (in respect of 2,280 children) disallowed due to the Habitual Residency Condition not being met. In the same period, a total of over 390,000 new claims for Child Benefit was received. The number of disallowances on HRC grounds since 2004 is as follows:

Those who are refused child benefit on the grounds of failing to satisfy the HRC are mainly people whose claims to asylum have 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.

Those who do not satisfy the condition because they are in the asylum process have direct provision available to them; in certain cases they may also avail of exceptional needs payments from the local Health Board while their asylum applications are being processed and in this manner the rights and welfare of the child are protected. As soon as refugee status is granted to such people, they are accepted as habitually resident and they would therefore be entitled to child benefit in respect of their qualifying children. The operation of the habitual residence condition in the Department continues to be monitored on an ongoing basis.

Jack Wall (Kildare South, Labour)
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Question 358: To ask the Minister for Social and Family Affairs if her attention has been drawn to the 16 week waiting time for processing carer's allowance applications; the actions that she will take to reduce the timescale involved; and if she will make a statement on the matter. [36917/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The average time to award a claim for carer's allowance is currently just over 14 weeks. Entitlement to carer's allowance is based on an applicant satisfying medical, means and residency conditions. In determining entitlement to the allowance there are, in certain cases, unavoidable time lags involved in making the necessary investigations and enquiries to enable accurate decisions to be made. Delays can also arise if people applying for the allowance are not in a position to supply all the necessary information in support of their claim. Many applicants for carer's allowance are already in receipt of another social welfare payment while their claim is being processed.

The number of claims for carers allowance submitted in 2007 was 18,000 compared to 10,700 in 2006, an increase of 68%. A total of 16,000 new applications for Carer's Allowance has been received this year to date (week end 17 October 2008). The large increase in applications received is mainly due to the introduction of the half rate carer's allowance payment which came into effect from 27 September 2007. A total of 17,300 claims has been decided this year to date. This is compared to 13,900 claims decided in 2007, an increase of 53%.

The staff and other resources available to the Department are regularly reviewed having regard to the workload arising and other competing demands. The Department monitors available resources against workload on an ongoing basis with a view to ensuring optimum processing times for claims. A review of the existing processes and procedures has been completed by the Department for Carer's Allowance with the objective of reducing claim processing times, and improvements have been implemented. The position continues to be kept under close review.

Michael Ring (Mayo, Fine Gael)
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Question 359: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo has been refused jobseekers benefit, in view of the fact that they have contributions for the past ten years. [36952/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned applied for jobseekers benefit on 9 September 2008 and received payment at the maximum weekly rate of €197.80 until 8 October 2008 when he signed off the unemployment register to return to full-time education. 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.

Michael Ring (Mayo, Fine Gael)
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Question 360: To ask the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and granted disability allowance. [36953/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Disability Allowance is a weekly allowance which is currently paid to people with a specified disability who are aged 16 or over and under age 66. With effect from January 2009, as part of the Budget 2009 measures, the minimum age for receipt of Disability Allowance has been raised to 18 years of age for new claimants. The disability must be expected to last for at least one year and the allowance is subject to both medical assessment and a means test.

The person concerned made an application for disability allowance on 15 September 2008. His application was assessed by this Department's medical assessor and was found to be medically suitable for Disability Allowance. In order to assess his means he is due to be interviewed by the Social Welfare Inspector over the next 5 working days. The Social Welfare Inspector will then complete a report and the applicant's file will be forwarded to the Disability Allowance Section in Longford. A final decision will be given on this person's application for Disability Allowance upon receipt of the Social Welfare Inspector's report. He will be notified directly of the outcome.

Michael Ring (Mayo, Fine Gael)
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Question 361: To ask the Minister for Social and Family Affairs the way a person (details supplied) in County Mayo was assessed for farm assist; and if this person will be re-assessed for farm assist. [36955/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned is in receipt of farm assist at €19.10 per week, which is the appropriate rate in his case. A Deciding Officer determined that he has weekly means of €310.00, derived from income from a holding, self-employment as an agricultural contractor and leasing of land. The means decision was subsequently upheld by an Appeals Officer on 28 July 2008. An Appeals Officers decision is final in the absence of new facts, or fresh evidence. If his circumstances have changed since the last means assessment, it is open to the person concerned to apply for a review and forms for this purpose have been issued to him. 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.