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Social Welfare Eligibility

Dáil Éireann Debate, Wednesday - 7 December 2022

Wednesday, 7 December 2022

Questions (73)

Jennifer Carroll MacNeill

Question:

73. Deputy Jennifer Carroll MacNeill asked the Minister for Social Protection to provide an update on a representation (details supplied); and if she will make a statement on the matter. [61150/22]

View answer

Written answers

According to the records of my Department, the person concerned was in receipt of Jobseeker’s Allowance (JA) from 24/03/2022 until 26/07/2022.  Following the cancellation of her Temporary Protection Order by the Department of Justice, the person concerned was required to satisfy the Habitual Residence Condition (HRC) for continued eligibility to JA.

JA is subject to the HRC, wherein certain guidelines are followed in order to determine if an individual’s main centre of interest is the Republic of Ireland; the first step of which is determining a right to reside in the State.  It was determined that the person concerned did not meet the HRC eligibility criteria and therefore her application for JA and subsequent application for a basic Supplementary Welfare Allowance (SWA) were disallowed.

The person appealed the decision to disallow JA, which is currently under review by the independent Social Welfare Appeals Office (SWAO). 

There is no record of the person requesting an appeal on the disallowance of her basic SWA application.

A second basic SWA application was registered for the person concerned with effect from 29/11/2022.  The application was assessed and was disallowed in a letter dated 05/12/2022 as the person concerned does not satisfy HRC.  It is open to the person concerned to seek a review and/or appeal the decision to the SWAO within 21 days.

I trust this clarifies the matter.

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