Bernard Durkan (Kildare North, Fine Gael)
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Question 424: To ask the Minister for Social and Family Affairs the way the means were derived in the case of application for social welfare payment in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [35030/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Since April 2000, the needs of asylum seekers are catered for under the direct provision system operated by the Reception and Integration Agency of the Department of Justice Equality and Law Reform. People in direct provision are not regarded as being habitually resident in the state and are not entitled to any social welfare payment which is subject to the habitual residence condition.

Under the direct provision system, asylum seekers are provided with full board, accommodation and other facilities such as laundry services and access to leisure areas. To take account of the services provided in direct provision, a weekly allowance of €19.10 per adult and €9.60 per child is payable in respect of any personal requisites. If a person opts to leave direct provision accommodation, s/he is still only entitled to the direct provision allowance of €19.10 per adult and €9.60 per child.

The Dublin/Mid-Leinster Area of the HSE has advised that the person concerned is an asylum seeker in receipt of a direct provision allowance granted to her and her child dependants. She previously resided at accommodation provided through the Reception and Integration Agency of the Department of Justice Equality and Law Reform but voluntarily left this accommodation in December 2003.

Following an examination of her entitlement, it appears that she has been paid an amount in excess of the direct provision allowance. Her entitlement is currently under review and the Executive will notify the person concerned of the outcome of the review.