John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 430: To ask the Minister for Social and Family Affairs if an appeal for supplementary allowance will be expedited and granted in respect of a person (details supplied) in County Kilkenny while they wait for the outcome of their appeal for the outcome of their appeal for jobseeker's allowance; if they will be considered to be habitually resident in the state in view of their ties to family, community and school in Kilkenny and the fact that they are resident here over one year and 16 years in the common travel area; and if she will expedite the matter. [3092/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The supplementary welfare allowance (SWA) scheme is administered on behalf of the department by the community welfare division of the Health Service Executive (HSE).

A person may qualify for basic supplementary welfare allowance

if s/he is living in the State,

satisfies a means test,

has applied for any other benefit or allowances s/he may be entitled to, for example, one-parent family payment, jobseeker's allowance,

has registered for work with FÁS if s/he are of working age

satisfies the habitual residence condition (HRC).

However, a number of categories are specifically excluded from receiving assistance. These are people in full-time work, people in full-time education and people involved in trade disputes. Additionally SWA cannot at any time be viewed as a temporary or interim means of income support available independently of HRC, while an applicant awaits the outcome of either a decision - or an appeal against a decision - on a claim for a social welfare payment from the Department.

The HRC guideline advises that the main factors to be considered in determining whether a person is habitually resident are as follows: - Length and continuity of residence in Ireland or in any other particular country - Length and purpose of any absence from Ireland - Nature and Pattern of employment - Applicant's main centre of interest - Future intentions of applicant as they appear from all the circumstances. These factors are not exhaustive and no single factor is conclusive. (These have been included in section 246 of the Social Welfare (Consolidation) Act 2005 as amended by section 30 of the Social Welfare and Pensions Act 2007). The person concerned was refused SWA on 23 September 2009 as she was not deemed to be habitually resident in the state on the basis of the examination of her claim taking these factors into account. The HSE has advised that the person concerned appealed against the decision to refuse her SWA to the HSE Appeals Officer. The HSE Appeals Officer upheld the decision in December 2009 to refuse SWA and the person concerned was advised of her right to Appeal the decision to the Social Welfare Appeals Office (SWAO). She lodged an appeal with the SWAO in December 2009. The person concerned will be advised of the outcome as soon as a decision has been given in this case. In the meantime, SWA is not payable in this case.