John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 469: To ask the Minister for Social and Family Affairs if rent allowance or a deposit will be approved in the case of a person (details supplied) in County Kilkenny who has been sleeping on the streets for over a month; and if some form of financial assistance will be granted in the person's case. [10647/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The supplementary welfare allowance scheme which is administered on my behalf by the community welfare staff of the Health Service Executive is one of a number of social assistance schemes which, with effect from 1 May 2004, is subject to a habitual residence condition. The effect of the condition is that a person 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 certain social welfare payments, including supplementary welfare allowance.

The question of what is a person's habitual residence for social welfare purposes is decided in accordance with European Court of Justice case law. The condition is not determined on the basis of citizenship, nationality, immigration status or any other extraneous factors.

The Health Service Executive was contacted regarding this case and has advised that the person concerned was refused a rent supplement on the grounds that he did not satisfy the habitual residency condition and accordingly payment of a rent deposit was not considered. However, given his particular situation a once-off exceptional needs payment of €256 was paid by the executive to the person concerned to assist with arrears of his hostel payments. If the person in question is not satisfied with the decision to refuse his claim for rent supplement it is open to him to appeal this decision to the designated appeals officer within the Health Service Executive.