Ruairi Quinn (Dublin South East, Labour)
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Question 309: To ask the Minister for Social and Family Affairs the reason a European citizen with a Greek passport has been asked to complete a habitual residence form in connection with their application for jobseeker's allowance; and if she will make a statement on the matter. [8478/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The habitual residence condition applies to all claimants for jobseeker's allowance, regardless of nationality. A person who is not habitually resident, whether an Irish national, an EU national or a national of another State, is not entitled to receive payment of this allowance. A detailed questionnaire is issued for completion in every case where the initial claim form does not contain sufficient information to make a decision on this condition.

The EU Regulations dealing with freedom of movement and the social protection of migrant workers provide certain exceptions which override national legislation. For instance, family benefits (including child benefit) are payable by the State in which the claimant is employed, or by the State which is paying jobseeker's benefit following a period of employment in that State. Also an EU national who has worked in Ireland may receive supplementary welfare allowance for a period subject to certain conditions.

However, these exceptions do not apply to jobseeker's allowance. The relevant EU Regulations specifically provide for a category of special non-contributory cash benefits which shall be paid only in the State of residence by the institution of the place of residence. In this Regulation "residence" is defined as "habitual residence" and jobseeker's allowance is specified as one of these benefits. The application of this condition to this allowance is therefore in full accord with the EU Regulations.

Catherine Byrne (Dublin South Central, Fine Gael)
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Question 310: To ask the Minister for Social and Family Affairs the entitlements available to a self-employed person who becomes unemployed; the requirements he or she must fulfil to receive financial assistance from her Department; and if she will make a statement on the matter. [8481/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Self-employed persons pay a modified rate of PRSI contribution (Class S). These contributions provide cover for long-term pensions such as state pension and widow's/widower's contributory pension. However they do not provide cover for short-term benefits such as jobseeker's and illness benefits.

In certain cases, a self-employed person who had insurable employment in the relevant year (currently 2007) and has sufficient PRSI contribution paid at the appropriate class s/he may qualify for a jobseeker's benefit payment provided all the conditions of the scheme are satisfied.

A self-employed person who has insufficient PRSI contributions paid may qualify for a jobseeker's allowance which is a means tested payment. Generally, in assessing the means of a self-employed person, a Social Welfare Inspector will take into account the level of earnings in the preceding 12 months to determine their expected income in the following year. However, with the general downturn in the economy at present, it is accepted that earnings in the previous 12 months may not be representative of expected earnings in the coming year. The Social Welfare Inspector will take account of this fact in projecting future earnings.

The means test also involves an assessment of the person's savings and investments, any property they may own, apart from the family home and any other income such as a pension from a former employer or from another country. If the weekly means assessed are less than the appropriate rate for the jobseeker's allowance scheme, the person will qualify for a payment regardless of the number of days worked in any week. If the weekly means exceed the appropriate rate, the person will have no entitlement to a payment.