Under section 171 of the Social Welfare (Consolidation) Act, 1993 "every person in the State whose means are insufficient to meet his needs and the needs of any adult or child dependant of his shall be entitled to supplementary welfare allowance". Thus, non-nationals, including asylum seekers, may be eligible for assistance under the SWA scheme depending on their circumstances.
Applications for supplementary welfare allowance are determined by the health boards and under Article 10 of the Social Welfare (Supplementary Welfare Allowance), Regulations of 1977, a health board may ask applicants to furnish any documentation that the health board requires in order to determine the claim.
Although it is not necessary for non-nationals to have a work permit in order to claim SWA, such evidence may be sought in order to establish whether the applicant may have an entitlement to unemployment benefit (UB) or unemployment assistance (UA).
Where the right of entry to and residence in the State is based on the non-national being self sufficient, there are arrangements in place whereby the health board may refer the applicant to the Department of Justice if a claim is made for assistance under the SWA scheme, to ensure that that Department is aware that such non-nationals are not satisfying the "self sufficiency" requirement.