Written answers

Tuesday, 19 January 2010

Department of Social and Family Affairs

Social Welfare Benefits

9:00 pm

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 744: To ask the Minister for Social and Family Affairs if her attention has been drawn to the fact that many welfare recipients were surprised to find that they were not due their weekly welfare benefit during Christmas week in 2009 in view of the fact that the previous week's double pay could easily have been misconstrued as the Christmas bonus; if her further attention has been drawn to the resulting hardship caused by this misunderstanding; if she will communicate this scenario better in future years; and if she will make a statement on the matter. [1076/10]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 750: To ask the Minister for Social and Family Affairs the reason for the confusion in regard to the payment dates for jobseeker's payments in the period prior to Christmas 2009; the action she has taken to ensure that this does not happen again; and if she will make a statement on the matter. [1176/10]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 744 and 750 together.

The decision was announced in the April 2009 Supplementary Budget to give people advance notice so that they could adjust their finances accordingly. That decision was the subject of considerable debate in the media over the eight months leading into December and the Taoiseach confirmed the position on 11th November 2009.

Traditionally, the Department issued payments for the Christmas period one week in advance to ensure that customers are not left without money over the holiday period. In line with practice in previous years an advance payment issued during the week beginning 14 December, 2009. in respect of payment due the week beginning 21 December, 2009. Details of these payments were advertised on the Departments website, and in all Post Offices.

Payment dates due on Monday 28th and Tuesday 29th December which were brought forward for payment on Tuesday 22nd and Wednesday 23rd December. These payment dates were communicated to An Post and were advertised on the Department's website.

Every effort is made to ensure that people are not left without a payment over the Christmas period and in this context it is necessary to issue an advance payment to ensure that the individual receives it on time.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context

Question 745: To ask the Minister for Social and Family Affairs the length of time a person has to be living here in order to satisfy the habitual residence condition for the purposes of social welfare entitlements. [1082/10]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

The habitual residence condition applies to all claimants for certain social welfare payments, regardless of nationality. Any person who makes a claim for jobseeker's allowance, child benefit, one parent family payment, disability allowance, State pension non-contributory, carer's allowance, widow's non-contributory, guardian's non-contributory payment, blind pension or supplementary welfare allowance must be habitually resident in the State.

Decisions concerning habitual residence are subject to five factors which are set out in social welfare legislation. The five factors are: (a) the length and continuity of residence in the State or in any other particular country; (b) the length and purpose of any absence from the State; (c) the nature and pattern of the person's employment; (d) the person's main centre of interest, and (e) the future intentions of the person concerned as they appear from all the circumstances.

Habitual residence cannot be determined simply by reference to a specific period of residence. The length and continuity of a person's residence must be considered along with the other factors. In determining whether a person is habitually resident in the State, all relevant evidence is taken into account including the period before the person arrived here, the present period and the future intentions of the applicant as evidenced by his/her actions.

There is a provision in social welfare legislation that: " it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date ."

This is a rebuttable presumption and it does not mean that an applicant can be automatically be considered to be "not habitually resident" because he or she has not resided here for 2 years. For instance, a returning Irish emigrant or a person coming to live with a spouse who is permanently resident here could be habitually resident from the date of their arrival.

Equally, it does not mean that an applicant is automatically considered to be habitually resident in the State if he or she has been here for 2 years or more. A person could be working or studying here temporarily for longer than 2 years and continue to retain their habitual residence in another country during that period. In all cases, therefore, habitual residence cannot be determined by reference to a period of time alone and the decision must be based on all the relevant factors.

Comments

No comments

Log in or join to post a public comment.