Joan Burton (Dublin West, Labour) | Oireachtas source

The social assistance payments are means-tested and are payable on the basis of income need. In general a person who is detained in prison or legal custody is disqualified for payment throughout the period of detention. Disqualification applies to claimants and recipients as well as to qualified adults of the claimant or recipient. This disqualification is informed by the principle that where a person is in prison or has otherwise been detained, his or her needs are being met by the agency of the State responsible for his or her imprisonment or detention. Deciding officers have the scope to adjudicate on claims for social assistance payments having due regard to the need for adequate scheme controls while at the same time recognising the reality of people’s lives. In this regard, while there is a general disqualification for receipt of social assistance payments where the claimant or recipient is resident outside the State, payment is allowed for short periods while abroad on holidays and for other immediate family emergencies, including attending a funeral or attending to a relative who has fallen ill. These arrangements will also apply following the extension of disqualification to the qualified adult of a claimant or recipient where the qualified adult is resident outside the State for similar reasons.

If, however, a person is abroad for any extended period of time in order to care for a sick or disabled relative that person may qualify for income support from that other State and it would not be appropriate in these circumstances to continue income support under the Irish social welfare system.