Written answers

Thursday, 15 February 2024

Department of Employment Affairs and Social Protection

Social Welfare Payments

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick County, Fine Gael)
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266. To ask the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 300 of 1 February 2024, if she can provide the number of persons who have been notified to the Department of Social Protection by the Department of Justice who do not fulfil the habitual residence condition, and the numbers of persons who, in the same period, have had their social protection benefits discontinued by the Minister's Department, in tabular form, by county and by year, since 2016. [7174/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Habitual Residence Condition is a social welfare condition that a person must satisfy to receive a social assistance payment. A person who is subject to a deportation order is considered not to satisfy the Habitual Residence Condition as they do not have an unqualified legal right of residence in the State. As such they are ineligible for social assistance payments.

My department administers the Daily Expenses Allowance which is paid to international protection applicants who reside in, or are waiting for, accommodation provided by the International Protection Accommodation Services. The current weekly rates of payment are €38.80 per adult and €29.80 per child.

Where a customer has been refused international protection their entitlement to the Daily Expense Allowance is stopped as the customer can no longer be deemed an international protection applicant. However, where customers show that an appeal of the refusal (to grant international protection) is pending before the International Protection Appeals Tribunal, the Daily Expenses Allowance will be reinstated pending outcome of that appeal.

Where a customer has been granted status under the International Protection Act 2015 (Refugee Status or Subsidiary Protection or Permission to Remain) to remain (stamp 4), they are no longer entitled to Daily Expenses Allowance payment and the payment is stopped accordingly.

It is not possible to state how many persons have had the allowance stopped as many customers appeal the decision not to grant international protection and the payment is reinstated pending the appeal outcome.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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267. To ask the Minister for Employment Affairs and Social Protection when a social welfare payment will be made in the case of a person (details supplied); and if she will make a statement on the matter. [7316/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66.? This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

My Department received an application for DA from the person concerned on 30 November 2023. The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.

As their initial application did not contain all the information required to make a decision on entitlement, an information request letter was sent to the person concerned on 11 December 2023 to supply this supporting documentation.

I confirm that the Deputy sent in documentation on behalf of the person concerned on 20 December 2023. As the person concerned did not supply all the required information that was requested on 11 December 2023, it was necessary for the Deciding Officer to send a further information request on 20 December 2023, requesting the outstanding information.

I can confirm some documentation was received from the person concerned on 29 December 2023. However, a further request for information was sent to the person concerned on 10 January 2024 to provide all the information requested in correspondence issued on 20 December 2023, in order to determine their eligibility for DA.

The requested information of 20 December 2023 is in relation to bank accounts held by the person. I can confirm that documentation was received from the person concerned on 31 January 2024.

A further request for information was sent to the person concerned on 12 February 2024 to provide all the information requested in correspondence issued on 20 December 2023, in order to determine their eligibility for DA.

The information request letter allows the person concerned 21 days to provide the required information. On receipt of all requested information, a decision can be made, and they will be notified directly of the outcome.

I trust this clarifies the matter for the Deputy.

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