Bernard Durkan (Kildare North, Fine Gael)
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Question 118: To ask the Minister for Social and Family Affairs when restoration of mortgage supplement will be reviewed and restored to the previous level in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19535/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The supplementary welfare allowance scheme, which includes mortgage interest supplement, is administered on behalf of the department by the community welfare division of the Health Service Executive. Mortgage interest supplement provides short-term support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only.

Where two people enter into a joint mortgage agreement there is an obligation on both parties to meet repayments, as agreed with the financial institution. Where the person seeking assistance is a joint mortgage holder, a mortgage interest supplement payment is generally considered in respect of half of the interest on the mortgage. The Executive has advised that it awarded a mortgage interest supplement to the person concerned based on the full interest payable on the mortgage from May 2008 to March 2009. Following a review of entitlement, it came to light that the loan in question was a joint mortgage.

Payment to the person concerned was suspended pending clarification on the details of the mortgage. The Executive has advised that it has now re-instated payment of mortgage interest supplement to the person concerned, based on 50% of the interest payable on the loan and taking account of reduced interest rates. It is open to the person concerned to appeal this decision to a designated appeals officer of the Executive.

Bernard Durkan (Kildare North, Fine Gael)
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Question 119: To ask the Minister for Social and Family Affairs when unemployment assistance will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19539/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned claimed jobseeker's benefit on 29 October 2008. A decision on his claim was delayed as he had failed to provide certification of his casual employment. In December 2008 the person concerned advised the local office that he was returning to Lithuania on holidays for 2 weeks. When he failed to contact the office in January 2009 his claim was closed. He made a further claim for jobseeker's benefit on 04 March 2009. He advised that he had been hospitalized in Lithuania up to 28 February 2009. He was asked to submit a doctor's note confirming that he is now fit for work. To date a doctor's note has not been received.

Bernard Durkan (Kildare North, Fine Gael)
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Question 120: To ask the Minister for Social and Family Affairs when supplementary welfare allowance will be awarded in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [19541/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Health Service Executive has advised that the entitlement of one of the persons concerned to supplementary welfare allowance, is as communicated to the Deputy on 31 March 2009, 28 April 2009 and 6 May 2009. Entitlement to payment of this allowance is currently under review by an Appeals Officer of the Executive. The other person concerned has not made a claim to supplementary welfare allowance.

Noel Ahern (Dublin North West, Fianna Fail)
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Question 121: To ask the Minister for Social and Family Affairs if she will clarify the position regarding the entitlement to rent allowance for persons from other EU countries and from Romania and Bulgaria; the reason Romanian nationals are qualifying for rent allowances when they have not worked here, are not habitually resident here, do not qualify for social welfare benefits and so on; if they are applicants for asylum since prior to January 2004; and if she will make a statement on the matter. [19553/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Since 1 May 2004, all applicants regardless of nationality are required to be habitually resident in the State in order to qualify for supplementary welfare allowance, including rent supplement. The effect of this condition is that a person whose habitual residence is elsewhere is not qualified for rent supplement. Once-off exceptional and urgent needs payments may be made to eligible applicants without reference to the habitually resident condition.

EU legislation prohibits discrimination between nationals of EU Member States in the context of freedom of movement of workers and their access to social security or social assistance entitlements. An EEA national who is engaged in genuine and effective employment in Ireland is regarded as a worker under EU law and may be treated as habitually resident for the purpose of any claim to supplementary welfare allowance, including rent supplement.

Special provisions apply to Romanian and Bulgarian nationals who may engage in self-employment but are not permitted to engage in insurable employment within the State from 1st January 2007. However, Romanian and Bulgarian nationals who have an employment permit or are free to work without an employment permit by virtue of having had twelve months continuous employment in the State or who were working in Ireland at the date of accession (1 January 2007) in accordance with Immigration Stamp No. 4 for at least 12 months, may be regarded as a worker under EU law and so may be treated as habitually resident for the purpose of any claim to supplementary welfare allowance, including rent supplement. All other Romanian and Bulgarian nationals are subject to the habitually resident condition.

People who have been given permission to remain in Ireland on the basis of being the parents of Irish born children or for any other reason are entitled to seek employment in the State. In addition any person who has been through the asylum process and has been granted refugee status can also seek employment. In the event of being unable to secure work or having secured work and subsequently become unemployed, these people may qualify for Jobseeker's or other social assistance payments, such as rent allowance, on the same basis as any Irish resident, subject to the normal eligibility conditions.

Asylum seekers who arrived in this country since 10 April 2000 have their accommodation needs and other basic living facilities met through the direct provision services operated by the Department of Justice, Equality and Law Reform. Following changes in social welfare legislation which came into effect on 27 May 2003, rent supplement is not payable where a person is not lawfully in the State, or where a person has made an application for asylum under the Refugee Act, 1996 or an application to remain in the State under the Aliens Act, 1935, and is awaiting a decision by the Minister for Justice, Equality and Law Reform on that application. Asylum seekers choosing not to avail of direct provision facilities are not eligible for rent supplement and must meet their accommodation needs from their own resources.