Dáil Éireann Debate, Wednesday - 29 September 2010
1325 Deputy Denis Naughten asked the Minister for Social Protection if a person in respect of whom a qualified adult allowance is awarded must undergo a habitual residence test; if such qualified allowances can be awarded in respect of non-EU citizens; and if he will make a statement on the matter. [33474/10]
Amharc ar fhreagraThe Social Welfare Consolidation Act 2005 provides that an increase for a qualified adult is payable in addition to the personal rate in the case of a wide range of pensions, benefits and assistance claims.
The definition of a qualified adult is contained in Section 2 of that Act, and refers to a spouse who is wholly or mainly maintained by the claimant, excluding persons who are employed or self-employed and earning over a certain limit, and persons who have a personal entitlement to a social welfare payment. Section 3 of the Act extends the definition of spouse to include divorced persons and persons who are cohabiting as husband and wife. An increase for a qualified adult is also payable under certain conditions in respect of a person over the age of 16 who is wholly or mainly maintained by the claimant and has the care of one or more qualified child.
Social welfare legislation does not include any discrimination on the basis of race, nationality or citizenship. The habitual residence condition applies only to specified assistance and child benefit claims and does not extend to the provisions regarding an increase for a qualified adult.
