The income maintenance needs of asylum seekers are met for the most part by the health boards through the supplementary welfare allowance scheme. The scheme is administered on behalf of my Department by the health boards and neither I nor my Department have any function in deciding entitlement in individual cases. Payment is made in accordance with the relevant social welfare legislation as long as the person is resident in the State. Policy guidelines on the administration of the scheme are issued from time to time as necessary.
The Government decided in principle in September 1998 that asylum seekers were to have their basic needs, including their accommodation needs, met through direct provision. The system of direct provision was introduced by the Department of Justice, Equality and Law Reform with effect from 10 April 2000.
Guidance was issued to the health boards in April 2000 on the implications of the introduction of direct provision for the SWA scheme. That guidance stated that, in general, rent supplements were not payable to asylum seekers who arrived in the State after the introduction of direct provision. This is because it is a long standing statutory requirement for payment of rent supplement that a health board must be "satisfied that the claimant is in need of accommodation". With some exceptions, asylum seekers arriving after 10 April 2000 do not meet that requirement as accommodation is now being provided by the Department of Justice, Equality and Law Reform. In practice, about 12% of asylum seekers are granted rent supplement on medical or social grounds in cases where direct provision is not a suitable option in their circumstances.
The position in relation to former asylum seekers is quite different. If an asylum seeker has been granted refugee status or humanitarian leave to remain in the State, then they are entitled to claim and be paid rent supplement in the normal way, subject to the standard conditions of the SWA scheme.