Bernard Durkan (Kildare North, Fine Gael)
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Question 122: To ask the Minister for Social and Family Affairs if entitlements such as supplementary welfare allowance or back to education allowance are not available to non Irish nationals unless they have achieved residency status, can be made available while applications for status are awaiting determination. [13830/08]

Martin Cullen (Waterford, Fianna Fail)
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The habitual residence condition was introduced in order to ensure that a person, who has had no attachment to the work force since arrival in Ireland and whose habitual residence is therefore elsewhere, would not be entitled to payment under certain exchequer-funded schemes on arrival in Ireland.

Applications for supplementary welfare allowance payments (e.g. a basic weekly payment or a rent supplement) are subject to the habitual residence condition. However, an EU migrant worker, who has been employed since arrival in Ireland, has lost that employment and does not qualify for an alternative social welfare payment, may have an entitlement to such a payment subject to the normal scheme conditions. This provision arises from the freedom of movement of workers legislation which applies within the EU but not to persons coming from non-EU countries.

Additionally, once-off payments of supplementary welfare allowance may be made where appropriate under the exceptional or urgent needs provisions which are not subject to the habitual residence condition. Asylum seekers who are awaiting a decision on their application for permission to remain have direct provision available to them. I believe the habitual residence condition is fulfilling its intended purpose and I do not intend amending its application to supplementary welfare allowance.

Back to education allowance is a scheme enabling persons who might otherwise be or become welfare-dependent to progress through education into employment. It is only available to persons who have been in receipt of certain social welfare payments for at least 6 months in the case of the second level education option or 12 months in the case of the third level option. I do not consider it appropriate to remove this condition in the case of non-Irish nationals.