Eoin Ryan (Dublin South East, Fianna Fail)
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Question 140: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in Dublin 4 is not allowed to apply for unemployment assistance; and if he will make a statement on the matter. [7429/05]

Séamus Brennan (Dublin South, Fianna Fail)
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Social welfare legislation provides that a person must satisfy the conditions of being available for and genuinely seeking work in order to be entitled to unemployment benefit or unemployment assistance.

The person concerned had made an application for asylum in the State and on 28 January 2005 the Department of Justice, Equality and Law Reform refused this application. He was given leave to reside in Ireland on humanitarian grounds on the basis that he is not free to accept offers of employment.

The person concerned had applied for unemployment benefit on 26 January 2005 and his claim was disallowed by a deciding officer on the grounds that he is not available for work due to his status. He is being informed of this and of his right of appeal.

In the meantime, it is open to him to contact his local community welfare officer with a view to applying for supplementary welfare allowance.