Bernard Durkan (Kildare North, Fine Gael)
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244. To ask the Minister for Employment Affairs and Social Protection if the normal five-year requirement can be waived in the case of a person (details supplied) given their disabilities; and if she will make a statement on the matter. [46026/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. In order to satisfy the habitual residence condition, as a first step, it must be established that the person has an unconditional right of residence in the State, that does not preclude them from receipt of relevant social assistance payments, for example, state pension non-contributory.

It is not possible to apply discretion in relation to the application of the Habitual Residence Condition. Should the person be in a position to provide a verified record of at least five years continuous residency in the State, it is open to them to submit this evidence to the Department in order for their eligibility for state pension non-contributory to be considered.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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245. To ask the Minister for Employment Affairs and Social Protection when disability allowance or equivalent illness payment, including supplementary welfare, will issue in the case of a person (details supplied); and if she will make a statement on the matter. [46027/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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In order to qualify for Illness Benefit, a person must have a total of 104 PRSI contributions paid since they first entered employment. They also must have 39 contributions paid or credited in the relevant tax year, currently 2021, or 26 paid contributions in the relevant tax year and the previous tax year.

The person concerned made an application for Illness Benefit from 23rd September 2023. They only have 87 contributions paid and therefore do not satisfy the conditions for receipt of Illness Benefit.

The basic Supplementary Welfare Allowance (SWA) provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other schemes. Payments are means-tested and made at the discretion of the Designated Persons (DP) administering the scheme, taking into account the requirements of the legislation and all the relevant circumstances of the case.

According to Departmental records, the person concerned applied for a basic SWA on 4th October 2023. In assessing the claim, the DP sought the following information:

• Verification of address (photocopy of lease/rent book or utility bill)
• Up to date medical certificate
• Verification from course provider stating date last paid and if still registered for the course

I trust this clarifies the position for the Deputy.