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Dáil Éireann debate -
Thursday, 9 Nov 2000

Vol. 525 No. 4

Written Answers. - Social Welfare Benefits.

Frances Fitzgerald

Question:

112 Ms Fitzgerald asked the Minister for Social, Community and Family Affairs his views on a parental child-care payment. [25295/00]

The Programme for Prosperity and Fairness contains the commitment that, recognising the progress made in the negotiations in relation to child care, and following a completion process with the social partners, the Government would adopt a strategy to support parents in meeting their child care needs. As part of this completion process, relevant proposals have been put forward by the social partners. These include a proposal from the community and voluntary pillar that child care costs should be addressed by means of a parental child care payment, which would be paid in respect of all families with a child under the age of 14, regardless of whether the parent or parents were in paid employment. The payment would depend on the age of the child, with higher payments for children under five. A similar proposal has also been made to me in a number of pre-budget submissions, including those from the National Women's Council of Ireland and the Childcare 2000 campaign.

All of the options put forward by the social partners in this regard are being studied by the Government in the run up to the budget.

Michael Ring

Question:

113 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in County Mayo is receiving a disability payment of only £30 per week. [25255/00]

Disability allowance is a weekly allowance paid to people with a specified disability who are aged 16 or over and under age 66. This disability must be expected to last for at least one year and the allowance is subject to both a medical examination and a means test.

The person concerned was awarded disability allowance with effect from 19 March 1997. He was assessed with means of £53 per week derived from farming. On this basis he is entitled to a weekly disability allowance rate of payment of £25.50 per week. He also receives a fuel allowance of £5 per week which brings his total payment to £30.50.

As the last means assessment for the person concerned was over three years ago my Department is arranging for a further review by the local social welfare inspector. The person concerned will be notified directly of the outcome.

Thomas P. Broughan

Question:

114 Mr. Broughan asked the Minister for Social, Community and Family Affairs when the outstanding lone parents benefit will be fully restored to a person (details supplied) in County Cork. [25278/00]

Social welfare legislation provides that the prescribed time for making an application for one-parent family payment is within three months of entitlement arising.

An application for one-parent family payment was received from the person concerned on 1 May 2000, even though her child was born on 29 November 1999. Her claim was awarded with effect from 4 May 2000, i.e. the first date of payment after her application was received by my Department.

The person concerned has appealed this decision to the independent social welfare appeals office. The appeals office will be in contact with her directly in the matter.

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.
Question No. 115 taken with Question No. 25.
Question No. 116 taken with Question No. 51.
Question No. 117 taken with Question No. 16.

Ivor Callely

Question:

118 Mr. Callely asked the Minister for Social, Community and Family Affairs the total number of non-nationals currently in receipt of an unemployment payment; the other payments that non-nationals may claim; and if he will make a statement on the matter. [25344/00]

Irish social welfare legislation does not distinguish between nationals and non-nationals. Essentially any person from abroad who complies with the relevant immigration laws covering entry, living and working here is entitled to seek social welfare payments in compliance with the normal conditions. Depending on their country of origin, non-nationals will face differing immigration regimes and whether any restrictions apply e.g. right to work. Immigration policy is a matter for my colleague, the Minister for Justice, Equality and Law Reform. Claims for social welfare payments are determined in accordance with the same statutory conditions as claims by Irish nationals and, accordingly, the nationality of social welfare claimants is not generally recorded.

EU citizens and other persons who are not Irish nationals but have the right to work here, may become entitled to claim an unemployment payment as entitlement is based on a person's insurance/employment record in the case of unemployment benefit and on means, residency and the right to work in the case of unemployment assistance. Consequently the need to maintain comprehensive statistics in relation to the nationality of persons claiming unemployment payments does not arise.

In addition to national legislation, the entitlement of non-nationals to social welfare payments are governed by EU social security regulations and bilateral agreements.

The EU social security regulations are a complex set of regulations covering migrant workers who are nationals of the member states of the European economic area, stateless persons and refugees and members of their families. The regulations provide for equality of treatment between workers who are nationals and other EEA nationals in relation to Irish social insurance and social assistance payments covered by the regulations. The regulations provide, among other things, for the aggregation, where necessary, of a worker's insurance record in all member states for the purpose of acquiring or retaining the right to benefit. Thus, workers who do not satisfy the contribution conditions in our national legislation can rely on aggregation to qualify for such payments as Irish disability benefit and unemploy ment benefit. If such persons have been insured in Ireland for at least one year, they can qualify for pro-rata pensions – i.e. invalidity pension, widow's and widower's pension, retirement and old age contributory pension.
Ireland has also concluded bilateral social security agreements with a number of countries which are designed to protect social security – pension – rights and prevent the possible double liability for payment of social security contributions. The agreements, cover workers and, in the main, long-term social security payments such as invalidity pension, old age contributory pension, widow's and widower's contributory pension.
The income maintenance needs of non-nationals whose means are insufficient to meet their needs and who do not qualify for any other payment are met for the most part by the supplementary welfare allowance scheme. SWA is administered by health boards on behalf of my Department and provides entitlement to any person in the State whose means are insufficient to meet their needs.
Where a person has access to some resources either in cash or in kind this is taken into account in determining entitlement to SWA. This occurs in the case of asylum seekers who are being provided with full board accommodation under the direct provision system operated by the Department of Justice, Equality and Law Reform.
Where a person in full board accommodation receives all meals and has access to other facilities such as laundry and leisure areas the recommended weekly allowance is £15 per adult and £7.50 per child.
Furthermore, as is the case with all persons who are resident in the State where there are other reasonable expenses, exceptional needs payments will be made by the health board.
Asylum seekers who have not been provided with full board accommodation and who have no other means qualify for the full standard rate of weekly SWA.
SWA payments to asylum seekers and other non-nationals may continue as long as the claimant resides in Ireland and they satisfy the relevant qualification conditions. Payments may include all SWA elements including basic payments, rent supplements, deposits to secure private rented accommodation and other elements such as exceptional need payments and back to school clothing and footwear allowance.
Question No. 119 taken with question No. 16.
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