Bernard Durkan (Kildare North, Fine Gael)
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Question 196: To ask the Minister for Social Protection the reason child benefit has been disallowed in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [26142/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned qualified for child benefit on the basis of her employment under EU Regulations 883/04 and 987/09. A review of her child benefit claim revealed that she is no longer in employment and must therefore satisfy the Habitual Residence Condition in order to retain her child benefit payment. Payment was disallowed as she does not satisfy the HRC condition.

Noel Ahern (Dublin North West, Fianna Fail)
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Question 197: To ask the Minister for Social Protection if he will clarify the position regarding the payment of jobseeker's allowance or supplementary benefit to homeless persons; if he will further clarify that homeless persons do qualify for payment; the way in which they get over the problem of not having an abode in view of the fact that they frequently attract sympathy that they do not qualify for State payments; and if he will make a statement on the matter. [26220/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Any person can apply for jobseeker's benefit or allowance but will only receive payment if they satisfy all the conditions of the schemes, including being available for and genuinely seeking work. Homeless persons have the same entitlements under the social welfare system as any other persons and are subject to the same qualifying conditions. If homeless persons are unemployed but capable of and genuinely seeking work, then they can apply for a jobseeker's payment providing they can provide an address, such as a hostel or a temporary place of residence, at which they can be contacted if necessary.

An address is required from the customer to establish, inter alia, the customer's means, availability for employment and to issue payment. The jobseeker's claim is not awarded for payment until the person's address is verified. Where a person presents at a Social Welfare Local Office and states that they are homeless, that is, unable to give an address because they do not know where they are spending the night, the Local Office refers the person to the Community Welfare Officer. If a person does not fulfil the conditions for any of the Department's primary weekly payments, they may be eligible for a basic supplementary welfare allowance (SWA) payment, subject to qualifying conditions, if their means are insufficient to meet their needs and those of their dependants.

The SWA scheme also provides for a weekly supplement to meet specific needs such as rent and/or mortgage interest supplement, diet supplement, heating supplement, or a once-off payment to help with the cost of any exceptional needs a person may have which they could not reasonably be expected to meet from their own resources, such as support to those requiring assistance with a rent deposit. One of the most important supports provided to homeless people through the social welfare system is assistance with rent deposits to enable them to secure private rented accommodation.

Local authorities have responsibility for the provision of accommodation for homeless adults as part of their overall housing responsibility and the Health Service Executive (HSE) is responsible for the health and care needs of homeless adults. The HSE is responsible for meeting the accommodation and other needs of homeless children under the age of 18.

As homeless persons have the same entitlements under the social welfare system as any other persons and are subject to the same qualifying conditions, there is no definition of homeless or homelessness required for social welfare purposes. Neither I nor the Department has any function in relation to determining if a person is regarded as homeless. This is a matter for the housing authorities under Section 2 of the Housing Act, 1988.

Persons regarded by a housing authority as being homeless have access to the rent supplement scheme without the need for a housing needs assessment or without having any previous history of renting. In addition, where a person applies for rent supplement, the amount of supplement payable is subject to a limit which is determined by the type of accommodation required and the location of the accommodation. Where a person is homeless or at risk of homelessness, these limits can be exceeded. These special provisions were introduced specifically to assist homeless persons in accessing the rent supplement scheme.

Noel Ahern (Dublin North West, Fianna Fail)
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Question 198: To ask the Minister for Social Protection if persons (details supplied) who fled their private home due to domestic violence are entitled to rent allowance; if it is correct that they were refused rent allowance because they are not on a local authority housing list and the local authority will not accept them in view of the fact that they are still legally part owner of the original family home; and the assistance that can be given. [26226/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The payment of rent supplement does not require the applicant to be on a local authority housing list. Where a claimant's safety and well-being are at risk Community Welfare Staff have been provided with special discretionary powers in such cases to expedite the award of rent supplement. In these cases the normal qualifying criteria are waived to ensure the provision of suitable and secure accommodation for the person concerned.