Bernard Durkan (Kildare North, Fine Gael)
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Question 243: To ask the Minister for Social Protection the number of persons refused social welfare payments on the basis of failure to qualify under habitual residence condition rules in each of the past four years and to date in 2010; the number of Irish nationals, EU nationals and non-EU nationals; the number of such cases decided at local office level, at senior deciding officer level, the number of original decisions upheld on appeal in respect of each category of payment in tabular form; and if he will make a statement on the matter. [46156/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004.

All applicants - regardless of nationality - for the following payments are required to be habitually resident in the State: · Jobseeker's Allowance · State Pension (Non-Contributory for persons aged over 66) · Blind Pension · Widow's, Widower's and Orphan's Non-Contributory Pensions · One-parent Family Payment · Carer's Allowance · Disability Allowance · Supplementary Welfare Allowance (including Rent Supplement) · Domiciliary Care Allowance · Child Benefit

The number of applications that have been disallowed welfare payments, based on the failure to satisfy the habitual residence condition (HRC), from 1 January 2005 to 31 December 2009 is 30,962. An annual breakdown of the figures is set out in the tabular statement (table A). Due to industrial action within my Department earlier this year figures for 2010 are unavailable.

Information in relation to Nationality is not maintained on an ongoing basis. The latest information available within my Department relates to 2009 and only identified Irish nationals. The total number of Irish citizens disallowed social welfare payments in 2009, based on the failure to satisfy the habitual residence condition was 738 or approximately 7% of all HRC disallowances. The tabular statement (table B) sets out the breakdown by social assistance scheme.

Information in relation to the number of cases that were overturned on appeal is not readily available.

All Habitual Residency disallowances which relate to Social Welfare Local and Branch Offices were made centrally up until May 2009. From that date onwards the decision making process was devolved on a phased basis. As the roll-out of this process was only completed recently and due to the industrial action earlier this year, statistics in respect of disallowances on an office by office basis is not available. Similarly information pertaining to individual decision makers is not recorded.

Table A – Habitual Residency Disallowances 2005-2009

Table B – HRC Disallowances in respect of Irish Nationals