Bernard Durkan (Kildare North, Fine Gael)
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Question 481: To ask the Minister for Social and Family Affairs the number of people who have been refused social welfare entitlements on the basis of the habitual residency clause since its introduction, on a yearly basis; and if she will make a statement on the matter. [40010/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland.

Under Social Welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers. Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case. Decisions in relation to Supplementary Welfare Allowance are made by Community Welfare Officers in the Health Service Executive (HSE). Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent Social Welfare Appeals Office.

While decisions to the effect that applicants satisfy the Habitual Residence Condition (HRC) can be made in the vast majority (over 90%) of cases at claim acceptance stage on the basis of answers given on the primary claim forms, complex cases are examined in more detail. Claims involving complex HRC issues are assessed and decided in all scheme areas within the Department by a small number of deciding officers who are experienced and fully familiar with the issues involved for each scheme in regard to HRC. I am satisfied that this arrangement contributes greatly to accuracy and consistency in the decision-making process.

For the period from 1 May 2004 to 31 October 2008, the number of habitual residence complex cases decided was 79,014 . Of these, 58,323 (74%) were found to satisfy the Habitual Residence Condition while 20,691 (26%) were unsuccessful. Details, on an annual basis, of the 20,691 cases which were disallowed since 2004 are as follows:

Nationals of the European Economic Area (EEA) who take up employment in the State are protected under the EU Regulations governing Family Benefits and Supplementary Welfare Allowance. EEA Nationals who are jobseekers with no attachment to the labour force do not enjoy this protection and will not satisfy the HRC for social assistance payments. If such persons are suffering financial hardship they may apply to the Health Service Executive for an Emergency Needs Payment, which is not subject to the HRC.

Persons from the new member states of the EU who do not have any means of support may be assisted to travel back to their home country by the Reception and Integration Agency. Migrant workers from outside the EEA qualify for social insurance benefits in respect of the unexpired part of their work permits if they satisfy the normal qualifying conditions. The HRC does not apply in these cases. Such workers may also satisfy the habitual residence condition for receipt of social assistance payments and child benefit.

The Habitual Residence Condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it. The reason for the introduction of the HRC in May 2004 was to ensure that persons who have not worked in Ireland or who have not established habitual residence in Ireland should not avail of assistance schemes or child benefit.

The operation of the condition was reviewed by the Department in 2006 and it is not proposed to introduce any changes to the current policy in this regard as the original reason for the policy is still valid.

Bernard Durkan (Kildare North, Fine Gael)
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Question 482: To ask the Minister for Social and Family Affairs if she will ease qualification requirements for the fuel allowance having particular regard to the changed economic situation; and if she will make a statement on the matter. [40011/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The national fuel allowance scheme assists householders on long-term social welfare or health service executive (HSE) payments with meeting the cost of their heating needs during the winter season. The allowance represents a contribution towards a person's normal heating expenses. It is not intended to meet those costs in full.

There is no additional means test to qualify for fuel allowance for those already on a long-term means tested payment. In the case of non means tested payments, an applicant and members of his/her household may have a combined assessable income of up to €100.00 a week (or saving/investments of up to €58,000) above the appropriate maximum rate of state contributory pension and still qualify for the allowance. The purpose of the income limit is to ensure that the allowance goes to people with the greatest need.

Despite the difficult economic environment, priority has been given in Budget 2009 to increasing the basic rate of social welfare payments. The value of the fuel allowance is also being increased by €2 to €20 (€23.90 in designated smokeless zones) per week from January 2009, benefiting almost 300,000 households. This is an 11% increase on the current rate of payment. The duration of the fuel season is being increased by 2 weeks from April 2009 bringing the total period for which fuel allowance is paid to 32 weeks.

Electricity and gas allowances under the household benefits package, are payable throughout the year to 358,000 pensioners, people with disabilities, and carer households towards their heating, light and cooking costs. The supplementary welfare allowance scheme assists people in certain circumstances who have specific heating needs due to infirmity or a particular medical condition. Any changes to the rate of payment or qualifying conditions for the fuel allowance would have significant cost implications and would have to be considered in the light of the resources available for improvements in social welfare generally.