Éamon Ó Cuív (Galway West, Fianna Fail)
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The supplementary welfare allowance scheme (SWA) is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE). Apart from a number of excluded categories, anyone in the State who satisfies a habitual residency condition (HRC) and a means test, has registered for employment, unless they have a physical or mental disability, and can prove unemployment may qualify for a weekly payment of SWA.

However, subject to the provisions of EU law which apply to EEA workers, 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 HSE have advised that the person concerned applied for SWA in September 2010 but his application was refused as in the opinion of the HSE, the person concerned was deemed not to be habitually resident based on an assessment of his particular circumstances.

An appeal by the person concerned, against the decision to refuse his claim for SWA has been forwarded to the Appeals Office in the HSE. Every effort is being made to have this appeal determined as quickly as possible.