Michael McGrath (Cork South Central, Fianna Fail)
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Question 342: To ask the Minister for Social Protection if he will provide details of the planned new work and welfare scheme; and if he will make a statement on the matter. [35003/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Activation and support for those who are unemployed is a key priority for Government. Earlier this year, the Taoiseach announced a number of changes to improve the delivery of employment, training and community services to the public by bringing together related responsibilities in these areas. These changes included the restructuring of Departmental responsibilities with the objective of providing a stream-lined response to the income support and job search needs of people who are unemployed.

In this context, my Department is devising proposals for the development of new initiatives based on the Rural Social Scheme and the Community Services Programme which will offer social employment opportunities. Considerable work is required on these proposals before they come on stream and take their place within the suite of activation measures aimed at supporting unemployed people. I have not set targets as to how many employment opportunities might be created as much depends on the level of resources that will be available to the Department and the capacity of not-for-profit community based organisations to avail of these emerging opportunities. Details of the roll-out of this initiative will be made available as soon as possible.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 343: To ask the Minister for Social Protection in a situation where a person makes an application under several social welfare schemes the different schemes may use different deciding officers to determine if the one application satisfies the habitual residence condition. [35035/10]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 344: To ask the Minister for Social Protection if, in deciding if someone is habitually resident in the State, different matters are considered depending on the scheme in respect of which an applicant is applying. [35036/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I propose to take Questions Nos 343 and 344 together.

Since May 2004, all applicants regardless of nationality are required to be habitually resident in the State in order to qualify for the following payments:

· Jobseeker's Allowance

· State Pension (Non contributory)

· Blind Pension

· Widow(er)'s Non Contributory Pension

· One Parent Family Payment

· Guardian's Payment

· Carer's Allowance

· Disability Allowance

· Supplementary Welfare Allowance (other than once off exceptional and urgent needs payments)

· Child Benefit and

· Domiciliary Care Allowance

The Habitual Residence Condition is an additional condition to be satisfied along with the other conditions of entitlement in all applications for the payments concerned.

To ensure consistency of decision making, deciding officers take regard of any previous habitual residence decision that has been given on a different scheme, for the same applicant. In these instances, where it is established that the circumstances are unchanged, the original habitual residence decision holds good in order to expedite the decision making process of the claim in its entirety. Where it is proposed to make a decision on habitual residence that is different to a previous one in respect of the same person, both deciding officers consult so as to ensure a consistent interpretation of the applicant's habitual residency status.

If a customer applies for a number of schemes simultaneously and the registration details of any new claims are available on the Department's systems, normal consultations take place between the relevant scheme areas before a habitual residence decision is made in order to eliminate a duplication of effort.

The European Court of Justice (ECJ) has set down a number of factors to be considered when deciding whether someone is "habitually resident". The Court has determined that five factors are relevant in determining whether a person is habitually resident, and these grounds are specified in Section 30 of the Social Welfare and Pensions Act 2007 as follows:

(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.

The five factors are applicable in every case requiring a decision on habitual residence irrespective of the payment scheme concerned.