Bernard Durkan (Kildare North, Fine Gael)
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Question 182: To ask the Minister for Social and Family Affairs the reason unemployment assistance supplementary welfare has been terminated in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [27262/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The supplementary welfare allowance scheme is administered on my behalf by the community welfare division of the Health Service Executive, HSE. Neither I nor my Department has any function in relation to decisions on individual claims.

With effect from 1 May 2004, this scheme and other social assistance payments are subject to a statutory habitual residence test. An applicant whose habitual residence or "centre of interest" is deemed to be other than in this State or the common travel area has no entitlement to social assistance.

The Dublin-mid-Leinster area of the Health Service Executive has advised that the person concerned had been in receipt of a reduced rate of supplementary welfare allowance for herself or her child, at a rate equivalent to that payable in the direct provision accommodation in which she had resided previously through the Reception and Integration Agency.

The HSE has further advised that it became aware subsequently that the person concerned had been in the United Kingdom for some time and had returned to this State. Following further review of her entitlements based on this information, the HSE determined that she no longer qualified for supplementary welfare allowance on habitual residence grounds. Her payment was terminated accordingly and she was referred to the Reception and Integration Agency so that her accommodation and other needs could be met.

It is open to the person concerned to appeal this decision to the appeals officer in the relevant Health Service Executive area and, if necessary, then to the social welfare appeals office.