Alan Shatter (Dublin South, Fine Gael)

I apologise for the inability for the Minister for Social Protection to attend the House.

The supplementary welfare allowance scheme which is administered on behalf of the Department of Social Protection by the community division of the Health Service Executive provides for the payment of weekly or monthly supplements to eligible people who are habitually resident in the State and whose means are insufficient to meet their needs. The rules that apply this year are the same that were prescribed and applied when the Senator's party was in government.

The supplementary welfare allowance scheme is the safety net in 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. Its main purpose is to provide immediate and flexible assistance for those in need who do not qualify for payment under other State schemes.

However, supplementary welfare allowance cannot at any time 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.

Since 1 May 2004, all applicants, regardless of nationality, are required to be habitually resident in the State to qualify for jobseeker's allowance, supplementary welfare allowance, one-parent family payment, child benefit, disability allowance, State pension non-contributory, carer's allowance, widow's non-contributory, guardian's non-contributory payment or blind pension. No distinction is drawn in social welfare legislation on grounds of nationality. The determination of a person's habitual residence is made in accordance with section 246 of the Social Welfare Consolidation Act 2005, as amended. Section 246(4) specifically directs the deciding officer to "take into consideration all the circumstances of the cases" including, in particular, the length and continuity of residence in Ireland or in any other particular country, the length and purpose of any absence from Ireland, the nature and pattern of employment, the applicant's main centre of interest and the future intentions of applicant as they appear from all the circumstances.

Habitual residence may be lost where a person spends time away. This may apply in the case of an Irish national who gains stable employment abroad, a non-Irish national who returns to his or her own country or settles in a third country following a period of residence here. In determining the main centre of interest in such cases account will be taken of the purpose of return such as the expiry of foreign residence permit; the record of employment or self-employment in another state; whether the applicant has maintained links with the previous residence and can be regarded as resuming his or her previous residence rather than starting a new period of residence; the applicant's stated intentions; and verified arrangements which have been made in regard to returning on a long-term basis such as transfer of financial accounts and any other assets, termination of residence-based entitlements in the other country, or assistance from Safe Home or a similar programme to enable Irish emigrants to return permanently. The length and continuity of the previous residence in the State is also taken into account.

The HSE has advised that the person concerned was refused a supplementary welfare allowance on the grounds that she did not satisfy the habitual residence condition. Information available to the HSE at the time of her application indicated the person concerned was on an incentivised career-break from her UK employer, she was still in receipt of income from that employment and benefited from UK personal tax and child dependant credits. She was also in receipt of child benefit from the Department of Health and Social Security in the UK and in receipt of rental income from property owned again in the United Kingdom.

In making its decision, the HSE concluded that this person's main centre of interest was in the UK and she was not considered to be habitually resident in the State. The HSE has further advised that it has received no appeal against this decision. I suggest the Senator clarifies this matter with the individual in question. If no appeal has been received, clearly the matter has been concluded. If an appeal has been received, the Minister has not been given the correct information.