Apart from a number of excluded categories, anyone in the State who satisfies a habitual residency condition (HRC) and a means test, has registered for employment, unless they have a physical or mental disability, and can prove unemployment may qualify for a weekly payment of supplementary welfare allowance (SWA),
The determination of a person's habitual residence is made in accordance with Section 246 of the Social Welfare Consolidation Act 2005, as amended. The most recent amendment was introduced by Section 15 of the Social Welfare and Pensions (No. 2) Act 2009 which provided that only persons who have a right to reside in Ireland can be regarded as being habitually resident in the State. Subject to the provisions of European law which apply to EEA workers, SWA cannot at any time be viewed as a temporary or interim means of income support available independently of HRC, while an applicant awaits the outcome of either a decision, or an appeal against a decision, on a claim for a social welfare payment from the Department.
Recourse available to applicants who may not satisfy HRC may be provided for under the exceptional needs payment (ENP) 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 and each application is determined by the Department having regard to the individual circumstances of the case.
