Robert Troy (Longford-Westmeath, Fianna Fail)
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1223.To ask the Minister for Employment Affairs and Social Protection if he has any plans to align people seeking international protection, and people with permission to remain, with relevant training in areas where there is a shortage of employees. [32929/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Community Employment (CE) is a labour market activation programme designed to provide eligible long-term unemployed people and others with an opportunity to engage in useful work experience and training opportunities within their communities on a temporary, fixed term basis. It helps to break the cycle of unemployment and improve a person’s chances of returning to the active labour market.

In compliance with the EU Reception Conditions Directive (2013/33/EU), international protection applicants who are awaiting a first instance decision on their status for six months or longer can apply for access to the labour market and can avail of the Department’s Public Employment Services on a voluntary basis. This access is granted to eligible applicants by way of a renewable labour market permission administered by the Irish Naturalisation and Immigration Service. An international protection applicant with labour market permission wishing to avail of assistance about seeking employment may contact an employment personal advisor at their local Intreo Centre.

International protection applicants who live in accommodation provided by the International Protection Accommodation Services of the Department of Children, Equality, Disability, Integration and Youth while awaiting the decision on their application are entitled to receive a Daily Expenses Allowance. To qualify for CE a number of conditions including age and being in receipt of a qualifying social welfare payment for a specific period must be satisfied. The Daily Expenses Allowance is not a qualifying social welfare payment for CE.

Whilst recognising the challenges facing those awaiting a decision on protection applications, a Habitual Residency Condition (HRC) applies to all non-contributory social welfare schemes and a person who does not satisfy HRC cannot qualify for a non-contributory social welfare payment. The legislation regarding HRC makes a clear distinction between people who have been granted protection and those whose applications for protection have been refused or have not yet been determined. Section 246 (7) of the Social Welfare Consolidation Act 2005 (as amended) makes it clear that a person who is seeking protection, and whose claim has not yet been decided or whose claim has been refused, cannot be regarded as habitually resident for the purpose of the Act.

Once protection is granted, the person has a right to live and work in Ireland on the same basis as an Irish citizen. They are entitled to apply for any social welfare payment appropriate to their circumstances, subject to the rules of the particular scheme. Those with refugee status aged 18 years or over, as authenticated by the Department of Justice and with a valid Irish Residence Permit (IRP), can qualify for CE if they are in receipt of any qualifying social welfare payment for any length of time. The general rule of being in receipt of a qualifying payment for 12 months is waived for this cohort. Whilst those with Refugee status are eligible to apply for CE, International Protection Applicants are not eligible for CE.

The Department keeps all aspects of its employment and activation programmes under review to ensure that they have the best outcomes for participants. Places on these employment support programmes will continue to be made available to support those who are long term unemployed and furthest removed from the labour market, while maintaining the role of CE as an active labour market programme.

I trust this clarifies matters for the Deputy.