Clare Daly (Dublin North, Socialist Party)
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Question 33: To ask the Minister for Social Protection if she will consider re-instating, as a matter of urgency, supplementary welfare allowance payments in respect of persons (details supplied) in County Wexford. [15368/11]

Joan Burton (Dublin West, Labour)
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The supplementary welfare allowance scheme, SWA, which is administered on behalf of the Department by the community welfare division of the Health Service Executive, HSE, is designed to provide immediate and flexible assistance for those in need who do not qualify for payment under other State schemes. Since 1 May 2004, all applicants for SWA regardless of nationality are required to be habitually resident in the State to qualify for a payment. The effect of this condition is that a person whose habitual residence is elsewhere does not qualify for SWA. Once-off exceptional and urgent needs payments are not subject to the habitual residence condition.

SWA cannot be viewed as a temporary or interim means of income support available independently of the habitual residence condition 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. It is understood that the persons concerned moved to Ireland from the UK in April 2010. They had been in receipt of incapacity payments and a carer's allowance in the UK. However, it is understood that these are no longer in payment. It appears they moved to Ireland with no apparent means of supporting themselves except to claim social welfare.

The HSE has advised that it awarded a basic supplementary welfare allowance payment and a rent supplement payment to the persons in question in May 2010. This decision was reviewed in March 2011, and the HSE discovered that the persons in question should never have been considered habitually resident in the State. The HSE has further advised that it then decided to withdraw the payments and advised the person in question of this decision on 15 March 2011; payments ceased from the beginning of April 2011. The decision of the HSE to withdraw payments was appealed to the HSE appeals office and is currently under consideration.

The persons in question also claimed carer's allowance and disability allowance from the Department. Both of these claims were also refused as the medical criteria for the schemes were not satisfied and the deciding officers also considered that the persons in question did not satisfy the habitual residence condition. These decisions have been appealed to the chief appeals office which has advised that it proposes to hold an oral hearing in this case.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The wealthy members of the global diaspora will yet again be feted in this country. We constantly talk about the global diaspora and how important it is, but in the case of these two people this is just contempt through the implementation of the habitual residence condition as it is applied to a less well-off Irish citizen, the male in this case. We are talking about an Irish citizen.

Michael Kitt (Galway East, Fianna Fail)
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Does the Deputy have a question?

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I appeal to the Minister to examine this case. The man concerned is an Irish citizen. His family is from Clonegal and most of his family live there. His mother is returning from England. He happened to be born in England but has severed all ties with Britain, at the request of the social welfare authorities here. He has nothing to return to and all his family are in this country. He and his wife, who has mental health issues, face eviction this Friday; they will be out on the street unless payments are resumed. Their cases are under appeal. It is just incomprehensible that these people have been refused under the habitual residency requirement. I appeal to the Minister to re-examine this case. It is absolutely unfair and contemptible treatment of an Irish citizen.

Joan Burton (Dublin West, Labour)
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The people involved have applied to the Irish social welfare system for a number of different payments. Some of those payments are determined by medical criteria. The view of the medical experts, who make their judgments in a medical context, was that they did not qualify for the payments for which they applied on medical grounds. With regard to the other payments for which they applied, they are currently under appeal and the appeals office will hold an oral hearing.

It is important to bear in mind the circumstances in this case. One of the persons arrived in Ireland in April 2010. Shortly afterwards they wrote to the Department of Social Security in the UK and ceased the incapacity benefit which they had been receiving. That Department wrote to the person and advised that it would cease the payment as the person no longer wished to receive it.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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In England.

Joan Burton (Dublin West, Labour)
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Yes. The Deputy must appreciate that in respect of the habitual residence condition there is a line between people moving to this country and claiming significant benefits from the State, which is currently under pressure, in a situation where they are not habitually resident in this country. They were in receipt of payments for a year, their case was reviewed and it is now subject to an oral hearing. They may have additional information or evidence they wish to submit to the oral hearing. The appeals mechanism is independent of the Minister and is in operation.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I want to ask a supplementary question.

Michael Kitt (Galway East, Fianna Fail)
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Time is up, Deputy. We spend six minutes per question. I said that clearly.