Growing number of child benefit residency cases

THE Department of Social Protection is facing a growing number of legal challenges from families denied child benefit because of the habitual residence condition.

In its briefing note to the new Minister for Social Protection, Joan Burton, the department states that in addition to two cases already before the courts, another two parties have signalled their intention to legally challenge the current rules governing child benefit.

The briefing note claims that the habitual residence condition (HRC) “is a complex matter and has given rise to issues for child benefit as for other areas. The main problem has been inconsistency of decisions across areas. New guidelines are currently being finalised to address this problem.”

Under the HRC an applicant must show they have been living in the state or the common travel area for at least two years.

According to the briefing document: “Child benefit section has been challenged on a number of occasions in the courts, specifically on this issue. Two cases are currently before the courts and two other customers have notified their intention to serve judicial review proceedings in recent days.”

Regarding child benefit, the document outlines how “it is likely that a ‘mixed’ strategy where the level of support to low-income households is made up of both universal payments and selective payments of roughly the same value will provide for the optimal achievement of objectives (as opposed to ‘mainly selective’ and ‘mainly universal’ approaches in the past).”

Some 19m was paid for 10,000 non-resident children last year, prompting fresh control measures.

The issue is just one of a number that will have to be considered by the minister and her department.

The briefing document also outlines how the department has commenced preliminary work on a feasibility study for an integrated child income support payment.

“A working group is to be established within the department to progress this work and it is anticipated that the feasibility study would be completed by the end of the third quarter of 2011,” it says, adding that the CIS review identified an information and data gap concerning the estimates around the cost of a child, prompting the launch of another study that will be used to inform future decisions on the level of support provided to assist with child-raising.

The briefing note also reveals that a Gender Recognition Advisory Group advising on the legislation required to provide for legal recognition of the acquired gender of transsexuals will present its report to the minister within weeks, and that the department, alongside the Department of Foreign Affairs and the General Register Office are consulting to see how the issue of marriages in embassies might be resolved.