Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 329: To ask the Minister for Social Protection if legislation will be required to implement the commitment in the programme for Government to address the issue of payment of child benefit in respect of non-resident children. [18294/11]

Joan Burton (Dublin West, Labour)
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As part of its agreed programme, the Government is committed to raising the issue of payment of Child Benefit in respect of non-resident children at EU level, and to seek to have the entitlement modified to reflect the cost of living where a child is resident.

The provisions relating to the payment of child benefit for non-resident children are not part of Irish domestic legislation but are a feature of EU regulations governing the co-ordination of social security systems. Accordingly, any change to the system will require a change in EU regulations. Only the EU Commission, and not individual Member States, can propose new legislation. At Council level, the Regulation would require a qualified majority of Member States and it would also require the agreement of the European Parliament.

I raised the possibility of a change to the EU regulations informally with EU Commissioner Andor on his recent visit to Dublin, and it is clear from that meeting that it will be difficult to persuade the Commission to propose the necessary legislation. However, I am continuing to raise the issue with appropriate Ministers from other EU countries.