The supplementary welfare allowance (SWA) scheme is administered on behalf of the department by the community welfare division of the Health Service Executive (HSE). A person may qualify for basic supplementary welfare allowance if s/he is living in the State, satisfies a means test, has applied for any other benefit or allowances s/he may be entitled to, for example, one-parent family payment, jobseeker's allowance, has registered for work with FÁS if s/he is of working age satisfies the habitual residence condition (HRC).
However, a number of categories are specifically excluded from receiving assistance. These are people in full-time work, people in full-time education and people involved in trade disputes. Additionally SWA cannot at any time be viewed as a temporary or interim means of income support available independently of HRC, while an applicant awaits the outcome of either a decision — or an appeal against a decision — on a claim for a social welfare payment from the Department. The HRC main factors to be considered in determining whether a person is habitually resident are as follows:
Length and continuity of residence in Ireland or in any other particular country;
Length and purpose of any absence from Ireland;
Nature and Pattern of employment;
Applicant's main centre of interest;
Future intentions of applicant as they appear from all the circumstances.
These factors are not exhaustive and no single factor is conclusive.
The person concerned was refused SWA on 23 September 2009 as she was not deemed to be habitually resident in the state on the basis of the examination of her claim taking these factors into account. The HSE has advised that the person concerned appealed against the decision to refuse her SWA to the HSE Appeals Officer. The HSE Appeals Officer upheld the decision in December 2009 to refuse SWA and the person concerned was advised of her right to appeal the decision to the Social Welfare Appeals Office (SWAO). She lodged an appeal with the SWAO in December 2009. The person concerned will be advised of the outcome as soon as a decision has been given in this case. In the meantime, SWA is not payable.
