Michael Healy-Rae (Kerry South, Independent)
Link to this: Individually | In context | Oireachtas source

51. To ask the Tánaiste and Minister for Social Protection the position regarding the case of a person (details supplied) in County Kerry who was in receipt of the family income supplement; and if she will make a statement on the matter. [38645/15]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context | Oireachtas source

The Family income supplement (FIS) is designed to provide support for employees on low earnings with families.

The person concerned applied for FIS in April 2015 and was awarded a payment with effect from 16 April 2015.

The Department subsequently became aware that the children of the person concerned were not residing full-time with the FIS claimant. A social welfare inspector (SWI) interviewed both parents to try to ascertain with whom the children are normally resident. The SWI reported that the children reside with both parents for 50% of the time and that this custody arrangement has been in place since October 2014 prior to the award of FIS.

Part 6, Section 227 of the Social Welfare Consolidation Act 2005 (as amended) defines a family for FIS purposes as follows;

“child”, in relation to a family, means a qualified child as defined in section 2(3) who normally resideswith that family;

“family” means—

(a) a person who is engaged in remunerative full-time employment as an employee,

(b) where that person is living with or wholly or mainly maintaining—

(i) his or her spouse,

(ii) his or her civil partner, or

(iii) his or her cohabitant,

that spouse, civil partner or cohabitant, and

(c) a child or children;

For the purposes of Part 6, the person with whom a qualified child is regarded as normally residing is determined as follows;

1. Where members of a family as defined in Section 227 (a), (b) and (c) are resident in the same household, the qualified child is regarded as normally residing with the member of the family defined at Section 227(a).

2. Where members of a family as defined in Section 227 (a) and Section 227 (b) are resident in separate households, the qualified child is regarded as normally residing with the person with whom he or she resides for the majority of the time.

3. Notwithstanding no. 2 above, where members of a family as defined in Section 227(a) and 227(b) areresident in separate households and the member of the family as defined in section 227(a) is wholly or mainly supporting the other members of the family as defined in sections 227(b) and 227(c), a qualified child is regarded as normally residing with the member of the family who is wholly or mainly supporting the other members of that family.

This case is a difficult one to determine and it remains under investigation by the Department to try to determine the correct social welfare supports relating to the children and their parents. In the meantime and in accordance with the circumstances as currently notified to the Department, payment of FIS to the person in question will remain stopped. The Department will be in further touch with the person concerned in relation to this matter in an effort to achieve a resolution.