Bernard Durkan (Kildare North, Fine Gael)
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1778. To ask the Minister for Employment Affairs and Social Protection the grounds upon which an appeal for jobseeker's allowance was refused following oral hearing in the case of a person (details supplied); and if she will make a statement on the matter. [36934/17]

Bernard Durkan (Kildare North, Fine Gael)
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1779. To ask the Minister for Employment Affairs and Social Protection the grounds upon which an appeal for jobseeker's allowance was refused following an oral hearing in the case of a person (details supplied) who submitted extra documentation as required; and if she will make a statement on the matter. [36943/17]

Regina Doherty (Meath East, Fine Gael)
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I propose to take Questions Nos. 1778 and 1779 together.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, including extra documentation as required and the evidence adduced at oral hearing, decided to disallow the appeal of the person concerned as he does not fulfil the statutory requirement of the habitual residence condition for receipt of a social assistance payment.

The person concerned was advised of the Appeals Officer’s decision by notification dated 9 May 2017 which outlined in detail the reasons for his decision. The basis and reasons for the Appeals Officer’s decision was also notified to the Deputy on 28 July 2017.

In summary, the Appeals Officer noted that the person concerned satisfied a means test and as an EU citizen has a right to reside in Ireland as a jobseeker in accordance with Article 6(2) of the European Communities (Free Movement of Persons) Regulations 2015 (S.I. 548 of 2015). However, Article 17(2) (a) of S.I. 548 of 2015 also prescribes that a person whose right to reside derives solely from Article 6(2) shall not be entitled to receive assistance under the Social Welfare Acts.

The Appeals Officer also concluded that the person concerned has not established a centre of interest in Ireland which presents a realistic prospect of supporting an intention of ongoing residence here without reliance on social welfare payments and therefore the person concerned does not satisfy the statutory habitual residence condition.

I trust this clarifies the matter for the Deputy.