Bernard Durkan (Kildare North, Fine Gael)
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Question 167: To ask the Minister for Social and Family Affairs if this parliamentary question can be taken by way of appeal regarding the habitual residence clause used to refuse unemployment assistance or unemployment benefit in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [9456/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned was refused jobseeker's allowance on 3rd 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 3rd 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.

This parliamentary question has been accepted by the Office of the Chief Appeals Officer as notification of appeal, and an appeal form SWAO1 has been issued to the person concerned for completion. On receipt of the completed appeal form, the Office of the Chief Appeals Officer will make a determination on the case and the person concerned will be advised of the outcome directly.