Finian McGrath (Dublin North Central, Independent)
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39. To ask the Tánaiste and Minister for Social Protection to support a matter (details supplied) regarding social protection payments; and if she will make a statement on the matter. [3375/16]

Joan Burton (Dublin West, Labour)
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Any application for any social welfare payment is considered on its own merits taking the full circumstances of the case into account.

There are different qualifying conditions for each social welfare scheme. These may include a means test, payment of a certain number of PRSI contributions, and/ or satisfying the Habitual Residence Test. In all cases, decisions on individual cases are taken strictly on the basis of the evidence that the person does, or does not, satisfy the qualifying conditions.

In view of this it is not possible to make general statements regarding any particular nationality. In some cases, EU citizens will qualify for payment and in some cases they will not, depending on whether or not they satisfy the qualifying conditions of the particular scheme.

One of the qualifying conditions for child benefit and most social assistance payments is the habitual residence condition (HRC). Whether or not a person satisfies the HRC is assessed on the on the basis of objective considerations independent of nationality. However, under EU law there are some exemptions for EU workers, for example, in relation to family benefits such as child benefit and family income supplement. So workers from other EU countries (including Romania) would have more favourable treatment for these two payments than would people from outside the EEA. To qualify for this, the person would have to have achieved the status of “worker”. EU nationals who have never worked in Ireland do not have an automatic entitlement to any payment, but would have to satisfy the HRC and other conditions that apply to the relevant payment.

There are some situations where a non-EU worker could qualify for a payment where an EU citizen would not. These related mainly to contributory payments. For example, if a person from outside the EU is living legally in Ireland and has worked and paid sufficient contributions here, he or she may qualify for illness benefit in the event of being off work due to illness (subject to also meeting all of the other qualifying conditions). This would be regardless of nationality. On the other hand, an EEA citizen (even an Irish citizen) who has not worked and therefore has not paid sufficient contributions cannot qualify for illness benefit if they are ill.

In addition, the Department provides immediate and flexible assistance to people with insufficient means to meet their needs and those of their dependents through the Supplementary Welfare Allowance (SWA) scheme. The HRC does not apply to exceptional needs payments (ENP) or urgent needs payments (UNP) administered under SWA as by their nature these payments may be required to meet an immediate, unforeseen and once-off need.