Jerry Cowley (Mayo, Independent)
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Question 23: To ask the Minister for Social and Family Affairs if the parameters of the living alone allowance will be changed to enable people living alone who qualify for the household benefits package to also qualify for LLA and have same age related rather than on a qualifying basis; and if he will make a statement on the matter. [4602/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The living alone allowance is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments and who are living alone. It is also available to people under 66 years of age who are living alone and who receive payments under one of a number of invalidity type schemes. The allowance is intended as a contribution towards the additional costs people face when they live alone.

The allowance is not a payment in its own right but one which is paid as a supplement to a social welfare payment and considered to be part of the overall payment structure. As such, it cannot be paid to people without a social welfare entitlement or to those whose pension payments are made under the social security regimes of other countries.

On the other hand, the household benefits package, which comprises the electricity-gas allowance, telephone allowance and television licence schemes, is generally available to people living permanently in the State, aged 66 years or over, who are in receipt of a social welfare type payment or who satisfy a means test. People aged over 70 years of age can qualify regardless of their income or household composition.

Bernard Durkan (Kildare North, Fine Gael)
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Question 24: To ask the Minister for Social and Family Affairs the number of people who have been refused social welfare entitlements under the habitual residency clause in the past 12 months; and if he will make a statement on the matter. [4726/06]

Simon Coveney (Cork South Central, Fine Gael)
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Question 52: To ask the Minister for Social and Family Affairs if, when and to whom the habitual residence condition applies; the payments that are covered by the condition; and if he will make a statement on the matter. [4648/06]

Joe Costello (Dublin Central, Labour)
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Question 74: To ask the Minister for Social and Family Affairs the number of persons from EU countries who joined the Community in 2004 who have applied for and received unemployment benefit or assistance since May 2004; his views on the fact that these figures show the fears of welfare tourism that were expressed at the time were unfounded; and if he will make a statement on the matter. [4705/06]

Bernard Durkan (Kildare North, Fine Gael)
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Question 134: To ask the Minister for Social and Family Affairs the number of people who have been refused social welfare entitlements on the basis of the habitual residency clause since its introduction; and if he will make a statement on the matter. [4902/06]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 24, 52, 74 and 134 together.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for child benefit and for the following social assistance schemes — with effect from 1 May 2004 — unemployment assistance; old age non-contributory pension; blind pension; widow's-widower's and orphan's non-contributory pensions; one-parent family payment; carer's allowance; disability allowance; and supplementary welfare allowance, other than once-off exceptional and urgent needs payments.

The basis for the restriction contained in the rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor. The effect is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland.

The question of what is a person's "habitual residence" is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims.

Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it. Straightforward cases are dealt with at my Department's local offices and relevant headquarters offices while complex cases and cases where there is a doubt are dealt with in specialised units.

For the period 1 May 2004 to 6 February 2006, the number of habitual residence cases decided in specialist units was 30,314. The total number of cases deemed not habitually resident was 7,123 — 23%.

A total of 2,491 applications for unemployment assistance from nationals of the ten new member states have been submitted to the relevant specialised unit since May 2004. Some 1,635 of those were rejected on habitual residence grounds, 765 were deemed to be habitually resident and 91 cases are currently under consideration.

For the period 1 February 2005 to 31 January 2006, the number of habitual residence cases decided in the central section and the scheme areas referred to above was 20,400. The total number of cases deemed not habitually resident was 4,558 — 22%. As of the end of January 2006, the number of people from the new member states on the live register was 1,715. Of these 858 were claiming unemployment assistance, 786 unemployment benefit and 71 were claiming PRSI credits only. To put the live register figure into perspective 173,000 PPS numbers were issued to citizens of the new member states over the period from May 2004 to week ending 21 January 2006.

These data do not support a view that "welfare tourism" is a problem. However, in introducing a habitual residence condition, the Government wished to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it. I am satisfied that the arrangements introduced were necessary at that time. A review of the condition is ongoing at present within my Department and will be available to me shortly at which stage I will consider what if any changes might be made in the light of experience to date.