Michael D Higgins (Galway West, Labour)
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Question 740: To ask the Minister for Social and Family Affairs if it is the case that individuals and families who would otherwise qualify for benefit from the State are disqualified automatically if they leave allocated accommodation, such as that allocated to refugees; if such a ruling prevails if it is in accordance with Irish, European, and international law; and if in the case of a person (details supplied) in County Galway his attention has been drawn to the fact that such a ruling has left a family of three people without food or sustenance. [1431/08]

Martin Cullen (Waterford, Fianna Fail)
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Direct Provision and all matters relating to supports for asylum seekers is the responsibility of the Department of Justice, Equality and Law Reform and of the Reception and Integration Agency (RIA) of that Department.

Persons in Direct Provision are not regarded as being habitually resident in the state. A person who leaves Direct Provision while his/her asylum status is undecided is not entitled to claim any social welfare payment that is subject to the habitual residence condition. The habitual residence condition has been in operation since May 2004 and is compliant with EU and international law.

The person concerned had been in Direct Provision up until November 2007 at which stage she left the accommodation and moved to private accommodation and her direct provision payment ceased. The person concerned has appealed the decision to the H.S.E.'s designated Appeals Office who are examining her appeal, and she will be notified of the outcome as soon as possible.