134 Deputy Brian O’Shea asked the Minister for Social Protection if he will reconsider the decision which came into effect in June 2009 regarding maintenance being assessed as income for family income supplement purposes; and if he will make a statement on the matter. [43380/10]

The legislative provisions for family income supplement (FIS) are contained in the Social Welfare (Consolidation) Act 2005 — Chapter 11 of Part II, Sections 227 to 233 as amended and the Social Welfare (Consolidated Payments Provisions) Regulations, 2007 Sections 172 to 177 as amended. Under these provisions all income is assessable when calculating eligibility for FIS with the exception of income from the following;

Child Benefit

Carer's Allowance

Guardian's payments

Supplementary Welfare Allowance

Rent Allowance for tenants affected by the de-control of rents

Domiciliary Care Allowance

Foster Child Allowance

Income from casual employment by the Health Service Executive (HSE) as a home help

Income from a charitable organisation

Income from providing accommodation to students studying Irish in Gaeltacht areas under a scheme administered by the Minister for Community, Equality and Gaeltacht Affairs.

Income from maintenance payments is not one of the specified exclusions and, so, is assessable in full for the purposes of calculating entitlement to FIS.

There has been no change in the legislation concerning the assessment of maintenance payments for FIS purposes since that scheme was introduced. However, prior to June 2009, the practice for FIS assessments was to disregard any maintenance which was provided specifically for child/ren. Following a review of procedures and as there was no legislative basis for such a disregard, this practice ceased and since June 2009 maintenance has been assessed in full for the purposes of FIS.