Dáil Éireann Debate, Thursday - 15 November 2012
138. Deputy Brendan Griffin asked the Minister for Social Protection if couples who share custody can have shared social welfare payments for their children; and if she will make a statement on the matter. [50674/12]
Amharc ar fhreagraThe Department of Social Protection administers a wide range of payments through which it provides supports to families including those with children. The main payments in this regard include child benefit and the family income supplement as well as qualified child increases to primary social welfare payments. Therefore, in responding to the Deputy’s question, I propose to concentrate on these three payments in particular.
Child benefit is a universal payment made in respect of the care of children. The well-being of the children is the priority consideration in the operation of the current child benefit arrangements and this is reflected in the fact that payment is normally given to a person with whom the child is normally resident rather than on the basis of formal custody arrangements. Reflecting changes to the payment and its precursor (the children’s allowance payment) in the 1970s and 1980s, social welfare legislation provides that the payment is normally made to the mother or step-mother of the qualified child payment where the child lives with both parents. Similarly, where the child lives with their father but not their mother, payment may be made to the father. The scheme does not provide for the splitting of the payment between parties in joint custody cases but is based on where the child is normally resident.
The family income supplement scheme (FIS) provides income support for employees on low earnings with families and is designed to preserve the incentive to take up or remain in employment in circumstances where the employee might only be marginally better off than if he or she were claiming other social welfare payments. In the case of parents who are separated, a parent who is wholly or mainly maintaining a former spouse and child(ren) can qualify for FIS. However, only one FIS payment can be made in respect of any family. Furthermore, a person included in one particular family for any period for FIS purposes shall not be regarded as a member of any other family during that period. Current provisions do not therefore allow for FIS payments to be divided between parents. Where a question arises in determining the residence of a child for FIS purposes, an investigation of specific circumstances may be carried out.
Qualified child increases (QCIs) are paid as supplements to weekly social welfare benefit and assistance payments to reflect the need for greater incomes among benefit-dependent households with dependent children. Therefore, QCI payments do not of themselves constitute a specific social welfare scheme and entitlement to the appropriate primary adult payment must be established in the first instance. To qualify for payment of a QCI, the child in respect of whom the increase is claimed must considered to be normally resident with the person who is claiming the primary payment. In cases where the parents of a child are living apart, the child is considered normally resident with whom s/he is living. Where the child is resident part of the time with each parent, the child is considered to be normally resident with the parent with whom the child resides most of the time.
If the Deputy wishes to have a particular payment or case considered in further detail or to query the specific payment arrangements around a particular scheme, he can arrange to have the details brought to the attention of my Department for consideration.
