Written answers

Tuesday, 23 November 2010

Department of Social and Family Affairs

Social Welfare Benefits

9:00 am

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 248: To ask the Minister for Social Protection if he will support a matter (details supplied) [43983/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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For the purposes of EU Regulations, Irish Child Benefit is classified as a family benefit and there are specific rules governing the payment of these benefits. EU Nationals who come to work in Ireland but whose families reside in another EU Member State may have an entitlement to family benefits in Ireland under EU Regulations. As a Member State of the European Union, Ireland is bound to apply these Regulations in accordance with the objective of the EC Treaty of the free movement of persons. Before payment of Child Benefit is made for non-resident children it is necessary to contact the authorities in the country of residence of the children to confirm details and establish what, if any, family benefits are payable in the home country as this will determine entitlement to Irish payments.

Control checks are carried out by my Department every three months to ensure that claimants are still resident or are still employed in Ireland. Applicants for the One-Parent Family Payment are required to make efforts to seek adequate maintenance from their former spouses, or, in the case of unmarried applicants, from the other parent of their child, and must satisfy my Department that they have made reasonable attempts to obtain such maintenance. Similarly, under the "Liability to Maintain the Family" provisions of the Social Welfare (Consolidation) Act, 2005, absent parents have a responsibility to support their children, and this is pursued by my Department in instances where the absent parent is not making sufficient effort to provide adequate support.

In every case where a One-Parent Family Payment is awarded, the Maintenance Recovery Unit of my Department seeks to trace the other parent, referred to as the "liable relative", in order to ascertain whether he or she is in a financial position to contribute towards the cost of the One-Parent Family Payment. Liable relatives who earn more than €18,000 per annum are assessed with maintenance liability. Certain categories of liable relatives are not pursued due to personal circumstances or because they have low incomes.

All liable relatives assessed with maintenance liability are notified by the Maintenance Recovery Unit and are then issued with a Determination Order that sets out the precise amount of contribution that they must make. Liable relatives are obliged under law to pay these contributions and could face legal action from my Department if they are found to be reneging on their regular payments.

With regard to the statement on unemployment assistance, Jobseeker's Benefit is a short-term insurance-based payment that is designed to provide income support to insured workers during periods of involuntary unemployment. As such, it is not subject to a means-test and can be paid for a period of up to twelve months. After a person exhausts their entitlement to Jobseeker's Benefit, they may qualify for the Jobseeker's Allowance, which is a means-tested payment.

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