Brendan Howlin (Wexford, Labour)
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Question 336: To ask the Minister for Social and Family Affairs if, in context of disability allowance, non-contributory State pension and rent supplement under the supplementary welfare allowance scheme, an elderly Irish citizen with a special needs daughter would be subject to the habitual residence condition on returning to reside near family members here; and if she will make a statement on the matter. [45046/08]

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. All applicants — regardless of nationality — for the following payments are required to be habitually resident in the State:

Jobseeker's Allowance;

State Pension (Non-Contributory for persons aged over 66);

Blind Pension;

Widow's, Widower's and Orphan's Non-Contributory Pensions;

One-parent Family Payment;

Carer's Allowance;

Disability Allowance;

Supplementary Welfare Allowance (including Rent Supplement); and

Child Benefit;

The condition does not apply to:

insurance benefits (which are payable to persons who satisfy the contribution and other conditions) or

once-off exceptional or urgent needs payments payable under the Supplementary Welfare Allowance Scheme.

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 (including Rent Supplement) 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.

The question of what is a person's "habitual residence" has been decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. The restriction is not based on citizenship, nationality, or immigration status. The criteria have been incorporated in social welfare legislation (Section 30 of the Social Welfare and Pensions Act 2007) to guide a deciding officer in determination of the habitual residence condition and include an assessment of the claimant's main centre of interest and future intentions as it appears from all the circumstances. The criteria have been drawn from judgments of the European Court of Justice.

Irish nationals returning to live here on a permanent basis should experience no difficulty in meeting the requirements of the Habitual Residence Condition.

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.

Fergus O'Dowd (Louth, Fine Gael)
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Question 337: To ask the Minister for Social and Family Affairs the professions that are generally covered in the back to work scheme payments; and if she will make a statement on the matter. [45052/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Department provides supports to assist and encourage the long term unemployed, lone parents, people with disabilities and other social welfare recipients to return to the active labour force. The back to work allowance is one of the main supports in this area. It provides a monetary incentive designed to make the return to work for people with long term dependency on social welfare payments financially attractive and viable. It is designed to support people who would not otherwise be able to return to the workforce for financial reasons.

There are two strands to the scheme under which qualified persons can retain their social welfare payments on a sliding scale. The back to work allowance (BTWA) enables people who take up employment to receive a tapered percentage of their social welfare payment over a three year period; 75% in year 1, 50% in year 2, 25% in year 3. Under the back to work enterprise allowance (BTWEA) persons who become self employed receive a tapered payment over a 4 year period; 100% in year 1, 75% in year 2, 50% in year 3, and 25% in year 4.

The nature of the employment or self-employment is not prescribed and, where the other qualifying conditions are met, payment can be made in respect of any occupation.