Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 850: To ask the Minister for Social and Family Affairs the number of Irish citizens refused welfare payments in the first six months of 2009 based on failure to satisfy the habitual residence condition. [32984/09]

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)

Domiciliary Care Allowance

Child Benefit

In the first six months of 2009, the number of Irish citizens disallowed welfare payments, based on failure to satisfy the habitual residence condition was 215.

The following table sets out the breakdown by social assistance scheme.

Statistics on the number of Supplementary Welfare Allowance (SWA) claims that do not satisfy the habitual residence condition are not maintained by the various HSE areas. However, it is estimated that approximately 1.5% of all SWA claims are disallowed for HRC reasons. It is open to any customer who is not satisfied with the decision on their claim to appeal that decision.

Mary Upton (Dublin South Central, Labour)
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Question 851: To ask the Minister for Social and Family Affairs if Irish nationals are entitled to social welfare payments in other EU jurisdictions; the conditions that apply to such payments; the way these payments compare to those of Irish Nationals here; and if she will make a statement on the matter. [33011/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The social security rights of people living and working in the EU are governed by EU Regulations 1408/71 and 574/72. The Regulations co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work.

The Regulations are also intended to guarantee equality of treatment, under various national legislation, to workers living in the Member States and their dependants and survivors. Accordingly, persons residing in a Member State to whom the Regulation applies are subject to the same obligations and enjoy the same benefits as the nationals of that State. Therefore, Irish nationals may indeed be entitled to social welfare payments in other EU jurisdictions, providing they satisfy the qualifying criteria adopted by that Member State, in exactly the same way as nationals of that State are required to do. In meeting these qualifying conditions, under EU Regulations, a person can generally aggregate their Irish contributions with those made in other EEA states.

The basis on which payments are made, the qualifying conditions which must be satisfied and the rates of social welfare payments vary greatly from State to State and reflect the income replacement requirements and the manner in which the different States address social needs in their jurisdiction As you will appreciate, due to the large number of countries affected by these Regulations, i.e. the twenty seven Member States, three EEA countries (Iceland, Liechtenstein, and Norway), and Switzerland, it is not possible to include a comprehensive comparison of the schemes of each State here. However, such a comparative list exists on the MISSOC (Mutual Information System on Social Protection) websitehttp://ec.europa.eu/employment_social/spsi/missoc_tables_en.htm