Bernard Durkan (Kildare North, Fine Gael)
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Question 730: To ask the Minister for Social and Family Affairs the action he will take to review the current application by his Department of habitual residency clause with particular reference to the need to eliminate hardship caused by delays for people who already have an entitlement under domestic and European Union legislation; and if he will make a statement on the matter. [15836/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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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. All applicants - regardless of nationality - for the following payments are required to be habitually resident in the State: Jobseeker's Allowance; State Pension (Non-Contributory ); Blind Pension; Widow's, Widower's and Orphan's Non-Contributory Pensions; One-parent Family Payment; Carer's Allowance; Disability Allowance; Supplementary Welfare Allowance (including Rent Supplement); Domiciliary Care Allowance; Child Benefit. The question of what is a person's "habitual residence" has been decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. The European Court of Justice (ECJ) has determined that five factors are relevant in determining whether a person is habitually resident, and these grounds are specified in Section 30 of the Social Welfare and Pensions Act 2007 as follows: (a) the length and continuity of residence in the State or in any other particular country; (b) the length and purpose of any absence from the State; (c) the nature and pattern of the person's employment; (d) the person's main centre of interest, and (e) the future intentions of the person concerned as they appear from all the circumstances.

The Habitual Residence Condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that persons whose cases are appropriate to the system have access to it when they need it. Previously, due to the high volumes involved, there were delays in the HRC Central Unit in dealing with the habitual residence condition aspect of certain claims. At the end of August 2009, the Unit had over 12,700 cases awaiting a decision. A number of streamlining initiatives and training programmes were introduced to help tackle the backlog arising from which the number of cases awaiting a decision in the Central Unit currently stands at about 3,000 and is expected to drop further over the coming weeks. Accordingly, there are no plans to undertake any other reviews of the HRC decision operational arrangements at this time.

Bernard Durkan (Kildare North, Fine Gael)
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Question 731: To ask the Minister for Social and Family Affairs the number of families in receipt of a family income supplement payment; the extent to which this has increased in the past three years; the degree to which it is expected to increase in the next two years; and if he will make a statement on the matter. [15837/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Family Income Supplement is designed to provide support for people with families who are on low earnings. This preserves the incentive for them to remain in employment in circumstances where they might only be marginally better off than if they were claiming other social welfare payments. FIS is a central element of a programme of reforms targeted specifically at addressing child poverty. There are currently some 25,956 people in receipt of a weekly FIS payment. Numbers claiming and expenditure for the past 3 years are given in the following table. Claim load and Expenditure

Expenditure on FIS in 2010 is estimated at over €215.04 million allowing for an average claim load of 30,000 based on recent trends. The numbers becoming eligible for FIS in future will be influenced by several factors, including employment levels, wage rates and the numbers of qualified children within eligible families. This makes it difficult to quantify any likely increases or decreases in FIS claims going forward.