I propose to take Questions Nos. 83 and 89 together.
Access to social assistance and child benefit payments has been restricted since 1 May 2004 by the introduction of a new eligibility requirement, known as the habitual residence condition.
The new condition is designed to safeguard the social welfare system by restricting access to social assistance and child benefit payments for people from other countries who have little or no connection with Ireland. All persons claiming welfare payments, including nationals of the new EU member states who applied for rent supplement after 1 May, are subject to the habitual residence condition. People who fail to satisfy the habitual residence condition are offered the option of being referred to the Reception and Integration Agency (RIA) of the Department of Justice, Equality and Law Reform who facilitate their departure home and provide full board accommodation pending departure.
The immigration status of asylum seekers from the new EU member states has been underwritten by EU treaty rights from 1 May 2004 and they now have full access to the Irish labour market. In this context, the Department of Justice, Equality and Law Reform requested new EU member state nationals in direct provision centres to seek alternative accommodation.
However, they are being given ample opportunity to secure alternative accommodation before leaving direct provision. The Department of Justice, Equality and Law Reform has assured my Department that nobody from a new EU member state has been compelled to leave direct provision without there being an alternative accommodation option available to that person. Asylum seekers who are accommodated in direct provision centres have all of their basic needs, including the needs of their children, provided for within the direct provision system.
Asylum seekers in direct provision are also paid a weekly allowance of €19.10 per adult and €9.60 in respect of each child dependant. In addition, an asylum seeker can also apply to a health board for a single payment of supplementary welfare allowance to meet an exceptional need. These payments are generally made for the purchase of clothing and are not subject to the habitual residence condition.
My Department asked each health board to furnish data on the number of applications for supplementary welfare allowance, including rent supplement, which have been refused on habitual residence grounds. Six boards have responded so far and they report that some 68 applications were refused on habitual residence grounds during the month of May. This includes nationals of the accession states as well as nationals of other countries. A more detailed breakdown is not available.
I am satisfied that the introduction of the habitual residence condition will not adversely affect asylum seekers in the direct provision system.