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Social Welfare Benefits

Dáil Éireann Debate, Thursday - 7 October 2010

Thursday, 7 October 2010

Ceisteanna (173, 174, 175, 176, 177)

Michael Ring

Ceist:

173 Deputy Michael Ring asked the Minister for Social Protection the number of Irish citizens that have been refused supplementary welfare allowance based on failure to satisfy the habitual residency condition for each of the years 2005, 2006, 2007, 2008 and 2009; and if he will make a statement on the matter. [35535/10]

Amharc ar fhreagra

Michael Ring

Ceist:

174 Deputy Michael Ring asked the Minister for Social Protection the number of Irish citizens refused supplementary welfare allowance based on failure to satisfy the habitual residency condition that have been offered a ticket back to the country they previously resided in during 2008 and 2009; the number of such offers that were taken up; the number that were refused; and if he will make a statement on the matter. [35536/10]

Amharc ar fhreagra

Michael Ring

Ceist:

175 Deputy Michael Ring asked the Minister for Social Protection the way he expects Irish citizens who have failed to satisfy the habitual residency condition and have not been offered a ticket back to the county they previously resided in to avoid destitution and homelessness if they have no income to support themselves; and if he will make a statement on the matter. [35537/10]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 173 to 175, inclusive, together.

The habitual residence condition (HRC) applies to all claimants for certain social welfare payments, including supplementary welfare allowance (SWA), regardless of nationality. The SWA scheme is the "safety net” within the overall social welfare system in that it provides a basic income support payment to eligible people in the State whose means are insufficient to meet their needs and those of their dependants. The main purpose of the SWA scheme is to provide immediate and flexible assistance for those in need who do not qualify for payment under other State schemes. However, SWA cannot at any time be viewed as a temporary or interim means of income support available independently of HRC. Once-off exceptional needs payments under the SWA scheme may be made to eligible applicants without reference to the HRC. These payments, including assistance with travel costs, may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the Health Service Executive based on the particular circumstances of the case. Statistics are not available on the numbers of Irish nationals who received support.

The vast majority of Irish nationals applying for social welfare support satisfy the HRC condition. Between 1 May 2004 and 31 December 2009, of those Irish nationals whose circumstances called for detailed investigation in this respect, 89% were found to satisfy the HRC. Only 11% were refused on HRC grounds. Figures for claimants refused SWA on HRC grounds are not included in these statistics as these statistics are not maintained by the various Health Service Executive areas.

Irish nationals returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the habitual residence condition. However in the case of disallowance, every notice of disallowance sets out the claimant's rights to request a review of the decision or to lodge an appeal to the Social Welfare Appeals Office. These options allow every claimant the opportunity to produce additional evidence in support of their case, and to have any error of judgment addressed appropriately.

Michael Ring

Ceist:

176 Deputy Michael Ring asked the Minister for Social Protection the number of Irish citizens who were refused a social welfare payment based on failure to satisfy the habitual residence condition, a supplementary welfare allowance payment based on failure to satisfy the habitual residence condition, have submitted an appeal to the social welfare appeals office for each of the years 2005, 2006, 2008 and 2009; and if he will make a statement on the matter. [35538/10]

Amharc ar fhreagra

The following table sets out by scheme the number of Irish people who were disallowed a social welfare payment based on the failure to satisfy the habitual residence during the years 2005, 2006, 2008 and 2009. Figures in respect of 2007 are also included for the Deputy's convenience.

Irish

2005

2006

2007

2008

2009

Jobseeker’s Allowance

434

438

351

879*

530*

State Pension (Non-Con)

15

8

3

0

9

Blind Pension

0

0

0

0

0

Widow/er’s & Orphan’s Non-Con Pensions

0

0

0

0

0

One-Parent Family Payment

9

4

16

37

23

Carer’s Allowance

26

24

6

7

33

Disability Allowance

12

17

3

40

98

Child Benefit

11

6

2

22

45

Domiciliary Care Allowance†

n/a

n/a

n/a

n/a

0

Total

507

497

381

985

738

*It should be noted that the Live Register increased by over 70% in 2008 and by a further 46% in 2009.

†The Domiciliary Care Allowance scheme transferred to the Department on 1 April 2009.

It should also be noted that the figures in the above table include a number of people who, although they were not born in this State, are Irish passport holders by virtue of their ancestral ties with Ireland. Some never previously lived or worked here and claimed a social welfare payment almost immediately on entry to this country even though it was not their intention to reside permanently in this State. Accordingly, they do not meet the criteria for the habitual residence condition.

Statistics on the number of Supplementary Welfare Allowance (SWA) claims that do not satisfy the habitual residence condition are not maintained by the various HSE areas. However, it is estimated that approximately 1.5% of all SWA claims are disallowed for HRC reasons.

It is open to any customer who is not satisfied with the decision on their claim to appeal that decision to the Social Welfare Appeals Office. The total number of persons who have appealed habitual residence decisions is set out in the table below:

Year

Number

2005

657

2006

786

2007

858

2008

1,015

2009

1,383

However, figures in relation to the number of Irish people who have appealed habitual residence decisions are not available as the nationalities of appellants are not recorded on the system.

Denis Naughten

Ceist:

177 Deputy Denis Naughten asked the Minister for Social Protection, further to Question No. 1324 of 29 September 2010, if he will provide the figures for that area by local office; and if he will make a statement on the matter. [35557/10]

Amharc ar fhreagra

As stated in my previous reply, processing times recorded by the Department relate to the time elapsed from when a claim is made to the date on which a decision is given. The part a social welfare inspector plays in relation to investigating the circumstances of customers forms just one part of the overall process. Some of the claims where social welfare inspectors have an input are processed in respect of the whole country at Sligo and Longford and thus processing times specific to Roscommon customers are not available. Processing times for the jobseekers allowance and one parent family payments that are processed in the Roscommon branch offices are given in the following tabular statement:

Processing times for Roscommon Social Welfare Branch Offices

September 2010

BOYLE

JA

OFP

Number of Cases

Processing Time (wks)

Number of Cases

Processing Time (wks)

Awards

36

4.83

1

9

Disallowances

3

13.00

0

0

Decisions

39

5.46

1

9

CASTLEREA

JA

OFP

Number of Cases

Processing Time (wks)

Number of Cases

Processing Time (wks)

Awards

60

9.25

4

9.54

Disallowances

9

17.78

0

0.00

Decisions

69

10.36

4

9.54

ROSCOMMON

JA

OFP

Number of Cases

Processing Time (wks)

Number of Cases

Processing Time (wks)

Awards

37

5.91

4

23.18

Disallowances

9

8.44

2

11.79

Decisions

46

6.41

6

19.38

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