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Dáil Éireann díospóireacht -
Tuesday, 5 Feb 2002

Vol. 547 No. 3

Written Answers. - Social Welfare Benefits.

Pat Carey

Ceist:

282 Mr. P. Carey asked the Minister for Social, Community and Family Affairs if the levels of diabetic allowance have been increased for 2002; and if he will make a statement on the matter. [3393/02]

Austin Currie

Ceist:

298 Mr. Currie asked the Minister for Social, Community and Family Affairs if his attention has been drawn to the fact that the gluten-free diet required for sufferers from a coeliac condition far exceeds in cost the diet allowance available; his plans to increase the allowance; and if he will make a statement on the matter. [3484/02]

I propose to take Questions Nos. 282 and 298 together.

Recipients of social welfare or health board payments who have been prescribed a special diet as a result of a specified medical condition and whose means are insufficient to meet their needs, may qualify for a diet supplement under the supplementary welfare allowance scheme. Entitlement to a diet supplement is determined by the health boards in accordance with the legislative provisions that specify the medical conditions in respect of which a diet supplement may be paid and the means test which must be applied. The amount of supplement payable depends on which of two categories of diet has been prescribed by the applicant's medical advisor, the age of the person and on the income of the individual and his or her dependents.
The current basis for calculating the amount of diet supplement payable in any individual case was put in place in 1996. The various types of prescribed diets are grouped into two categories, one comprising lower cost diets and the other comprising higher cost diets.
As stated earlier diet supplements are paid subject to a means test and applicants are required to contribute any excess assessable means towards their food costs. For the purposes of calculating the rate of diet supplement payable, the lower cost diets which include diabetic diets, were deemed to cost €34.28 per week and the higher cost diets which include gluten-free diets, were deemed to cost €44.44 per week. In the case of single people, the amount payable was calculated on the basis that one third of their income is spent on food. Where the applicant is one of a couple, the amount payable was calculated on the basis that one sixth of the couple's joint income is spent on the diet supplement applicant's food.
In the case of a lower cost diet, the amount of diet supplement payable is €34.28 less one third of the applicant's income, one sixth in the case of a couple. In the case of a higher cost diet, the amount of diet supplement payable is €44.44 less one third of the applicant's income, one sixth in the case of a couple. Increases in weekly social welfare payment rates since 1996 are disregarded for the purposes of this means test as they would have the effect of reducing the rate of diet supplement payable in all cases and would eliminate entitlement altogether in many cases. In the case of children under the age of 18 there is a standard rate of €10.16 per week for a higher cost diet and €6.35 per week for a lower cost diet. In the case of persons with dependent children the child dependant allowance is not assessed.
The supplementary welfare allowance scheme is currently being reviewed as part of my Department's series of formal programme evaluations. A fundamental examination of how diets are costed and the method of calculating the amount of supplement payable will be undertaken in this context.

Michael D. Higgins

Ceist:

283 Mr. M. Higgins asked the Minister for Social, Community and Family Affairs if a child being educated at home after the age of 16 automatically loses child benefit; his views on the construction of 'not attending school' as being 'in a position to earn income'; and if he will make a statement on the matter. [3162/02]

Child Benefit is a universal payment which is payable in respect of all children up to the age of 16 years and continues to be paid in respect of children up to age 19 who are in full-time education or who have a physical or mental disability. Regulations prescribe the circumstances which determine whether a child aged 16 years or over may be regarded as receiving full-time education for child benefit purposes. These regulations stipulate that a child attending a full-time course of instruction at an institution of education is regarded as receiving full-time education. In the case of children who are being educated at home, the requirement to satisfy the full-time education condition can be fulfilled by the provision of confirmation from the Department of Education and Science that the child has registered and been accepted to sit the junior certificate or leaving certificate examination, as the case may be. This together with a declaration from the parent that their child is receiving full-time education from a suitably qualified person would suffice to allow the payment of child benefit. In reaching a determination on this matter, each case is, of course, decided on its own merits.

I do not accept that one can make any assumptions in regard to whether a child is 'in a position to earn income' from the fact that a child is not attending a school. In any event, the potential of a child to earn income has no bearing on entitlement to child benefit, because the payment is not subject to a means-test. As the Deputy is no doubt aware, many children who attend school on a full-time basis, also work on a part-time basis and are not as a result precluded from receiving child benefit.

As I have already stated, payment of child benefit after the age of 16, is determined by reference to whether or not the child is receiving his or her education on a full-time basis. This requirement applies equally where a child is attending a school or being educated at home.

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