The Habitual Residence Condition is a social welfare condition that a person must satisfy to receive a social assistance payment. A person who is subject to a deportation order is considered not to satisfy the Habitual Residence Condition as they do not have an unqualified legal right of residence in the State. As such they are ineligible for social assistance payments.
My department administers the Daily Expenses Allowance which is paid to international protection applicants who reside in, or are waiting for, accommodation provided by the International Protection Accommodation Services. The current weekly rates of payment are €38.80 per adult and €29.80 per child.
Where a customer has been refused international protection their entitlement to the Daily Expense Allowance is stopped as the customer can no longer be deemed an international protection applicant. However, where customers show that an appeal of the refusal (to grant international protection) is pending before the International Protection Appeals Tribunal, the Daily Expenses Allowance will be reinstated pending outcome of that appeal.
Where a customer has been granted status under the International Protection Act 2015 (Refugee Status or Subsidiary Protection or Permission to Remain) to remain (stamp 4), they are no longer entitled to Daily Expenses Allowance payment and the payment is stopped accordingly.
It is not possible to state how many persons have had the allowance stopped as many customers appeal the decision not to grant international protection and the payment is reinstated pending the appeal outcome.
