Written answers

Tuesday, 28 March 2006

Department of Social and Family Affairs

Social Welfare Benefits

11:00 pm

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 288: To ask the Minister for Social and Family Affairs further to Parliamentary Question No. 39 of 21 March 2006 if rent allowance will be awarded for a short term; if he will expedite a response; and if a short-term solution will be put in place. [11926/06]

Photo of Séamus BrennanSéamus 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 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 factors.

The Health Service Executive was contacted regarding this case and has advised that the person concerned was previously refused a rent supplement on the grounds that he did not satisfy the habitual residency condition. The person concerned contacted the HSE and advised that his wife and children had joined him in the State. The HSE advised the person concerned to make a new application for rent supplement and the person concerned was provided with the appropriate application forms. The HSE has advised that the person concerned has not completed and returned these forms. A determination of possible entitlement to supplementary welfare allowance cannot be made until this is done. The HSE has further advised that the person concerned was awarded an exceptional needs payment of €150 to assist with his immediate accommodation costs.

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