Bernard Durkan (Kildare North, Fine Gael)
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Question 175: To ask the Minister for Social and Family Affairs the grounds on which the habitual residence clause is used to refuse unemployment allowance or benefit in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5537/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned was refused jobseeker's allowance on 3 February 2009. The deciding officer, having examined all the circumstances, considered that the person concerned did not satisfy the habitual residence condition as her centre of interest within Ireland and future intentions to remain in Ireland have not been clearly established, in view of her employment record here or any alternative means of support while living here.

The person concerned was notified of the decision in writing on 3 February 2009 and informed of the right of appeal against the decision.

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. The habitual residence condition requires the applicant to satisfy the Deciding Officer that they meet certain conditions, including that their centre of interest is in Ireland and that their future intentions, as demonstrated, are to remain in Ireland.

EEA nationals who have been employed since arriving in Ireland may be entitled to Supplementary Welfare Allowance, even if they do not satisfy the HRC condition for Jobseeker's Allowance. Such persons should enquire with their local Community Welfare Officer as to their possible entitlement to Supplementary Welfare Allowance as a migrant EU worker.

Bernard Durkan (Kildare North, Fine Gael)
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Question 176: To ask the Minister for Social and Family Affairs when persons (details supplied) in County Galway will qualify for child benefit; and if she will make a statement on the matter. [5540/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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In order to qualify for a range of Social Welfare payments, including Child Benefit, applicants are required to satisfy the Habitual Residence condition (HRC) which was introduced on 1 May 2004. The HRC requires the applicant to satisfy the deciding officer that they meet certain conditions, including that their centre of interest is in Ireland and that their future intentions, as demonstrated, are to remain in Ireland.

A Child Benefit application was received from the person concerned on 19 September 2008. The Child Benefit section sent a Habitual Residence form (HRC1) to her on 9 February 2009 for completion. A decision on her entitlement to Child Benefit will be made when the completed HRC1 form is returned.

Bernard Durkan (Kildare North, Fine Gael)
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Question 177: To ask the Minister for Social and Family Affairs if widow's pension or disability allowance is more beneficial in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5541/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

The person concerned was awarded Disability Allowance on 2 October 1996 and is currently receiving the weekly basic rate of €204.30 plus €23.90 Free Fuel Allowance. She is also in receipt of a travel pass and Free Schemes i.e. Electricity, Television & Telephone. If the person concerned satisfies the conditions for Widows Contributory Pension, she may be entitled to the basic rate of €209.80 Widows Contributory Pension and Free Fuel Allowance of €23.90. However, she would not qualify for a travel pass or Free Schemes until she is 66 years.

Bernard Durkan (Kildare North, Fine Gael)
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Question 178: To ask the Minister for Social and Family Affairs if a person (details supplied) in County Kildare qualifies for invalidity pension on medical and contribution grounds; and if she will make a statement on the matter. [5542/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Invalidity pension is a payment for people who are permanently incapable of work because of an illness or incapacity and who satisfy certain social insurance (PRSI) contributions. To qualify for an invalidity pension a person must have a total of 260 weeks' PRSI contributions paid and 48 weeks PRSI paid or credited in the last complete tax year prior to application.

The Department records show that the person concerned has only a total of 250 PRSI contributions paid and only 40 credited in 2008. On this basis, the person does not currently qualify for an invalidity pension.

Social insurance paid in a county covered by EU regulations or in a country with which Ireland has a bilateral social security agreement can be used to qualify for an invalidity pension. An invalidity pension application form has been issued to the person in case extra social insurance that would help her to qualify was paid outside Ireland. Medical eligibility is assessed after the PRSI contribution conditions are satisfied.

Bernard Durkan (Kildare North, Fine Gael)
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Question 179: To ask the Minister for Social and Family Affairs when outstanding payments of unemployment allowance or benefit or supplementary welfare will be made in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5548/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned was in receipt of Jobseekers Allowance at the weekly rate of €197.80 up to 19th August, 2008. Payment was suspended on that date on receipt of information that the person was no longer living at his stated address. He failed to make contact with the office and the claim was subsequently closed. The person made a new application for Jobseekers Allowance on 21st October, 2008 and despite a number of calls to his stated address, a social welfare inspector was unable to contact him. Furthermore, the house owner has confirmed to the Department that he is not resident at this address. In the circumstances his application for Jobseekers Allowance was closed on 3rd February, 2009. If the person concerned is still unemployed he should make immediate contact with his nearest local office.