Child benefit would no longer be paid automatically to mothers rather than fathers under changes being considered by Minister for Social Protection Leo Varadkar.
The Minister is looking at how the monthly payment of €140 per child could in some cases be made to fathers or guardians of children, instead of their mothers.
The change would require new legislation.
Child benefit is currently paid to one “qualified person . . . with whom a qualified child normally resides”.
This is assumed in the first instance to be the mother, under the Social Welfare Consolidation Act 2005.
On the birth of a first child, the mother is invited to apply for the payment. Payments in respect of subsequent children are automatically made to her.
This has been the case since 1974, when child benefit, or children’s allowance as it called, was introduced.
This was seen as a progressive step at a time when many mothers did not work outside the home because it gave them income under their own control.
Family structures
It was also seen as the most effective way to ensure the payment would benefit the child for whom it was intended.
However, in light of changes in family structures over the years, the Minister is looking at changing the rules, a spokeswoman said.
“Minister Varadkar is examining an option that would retain child benefit payments to the mother as the default option but would also allow a mother or couple to nominate that the payment be made to a joint account, to the father, or a guardian instead.”
The move also comes as the legislation governing child benefit faces a number of High Court challenges in coming months.
Gender discrimination
The legislation has also been the subject of two cases before the
Equality Tribunal
, on the grounds of gender discrimination, in the last 15 months.
In March last year a complainant, Gesio Da Rocha Campos, submitted he was told his application for child benefit could not be processed because he was a man.
The payment had been refused to his child’s mother as she did not satisfy the habitual residency criteria.
The adjudicating officer, however, ruled he did have jurisdiction to hear the complaint.
In another case, in February this year, the complainant did not appear and the officer had to find against him.
A briefing note, prepared for Mr Varadkar on child benefit, says: “It is likely that the original policy rationale will have to be reviewed and possibly amended in light of the legal challenges and to reflect and take due account of the needs of children in diverse family formations.”
