Ms Jackie Harrington:

Social welfare legislation provides that to have entitlement to avail of a range of schemes, including child benefit, one must satisfy the habitual residence condition. Asylum seekers and persons seeking protection are excluded in law from satisfying the habitual residence condition until they have actually been given leave to remain and their status of refugee has been determined. Accordingly, a person resident in a direct provision centre who is awaiting a decision on his or her asylum application does not qualify for child benefit. There are 500 people in the direct provision system with status, or approximately 230 family units. These families are in receipt of child benefit because their asylum applications have actually been determined. There are some families who are waiting to move out which are in receipt of child benefit. However, it is not payable to asylum seekers.