30. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if failure to sign a personal progression plan with Seetec is used by deciding officers as a sole reason to penalise a participant’s social protection payment. (Question 19301/18 asked on 03 May 2018 - Social Welfare Benefits Eligibility)

Minister for Employment Affairs and Social Protection (Deputy Regina Doherty): Penalty rates are a legal provision within the Jobseeker schemes to ensure that the Department can achieve compliance with Government Activation Policy as stated in Pathways to Work. Legislation provides that sanctions / penalties in the form of reduced payments may be imposed by the Department’s Deciding Officers where recipients of jobseeker payments fail, without good cause, to comply with activation measures. Act...

88. Deputy Clare Daly asked the Minister for Social Protection if he will review the case of a person (details supplied); if he will resolve this case where an Irish citizen, who is now living abroad, cannot access social welfare; and if he will make a statement on the matter. (Question 31055/16 asked on 19 Oct 2016 - Social Welfare Benefits Eligibility)

Minister for Social Protection (Deputy Leo Varadkar): In order to qualify for disability allowance (DA), a person must be aged between 16 and 66, satisfy a medical and means test and be habitually resident in the state. I confirm that this lady was in receipt of DA from 2 November 2005. Payment ceased with effect from 13 April 2015 when she notified the Department of her intention to live abroad.
Her entitlement to social protection while resident in another EU State is a matter for the autho...

77. Deputy Clare Daly asked the Tánaiste and Minister for Social Protection what steps she will take to instigate a review of the habitual residence condition to ensure that it is not discriminatory, particularly in relation to children from migrant and Traveller backgrounds, and asylum-seeking children, as recommended by the report of the Irish Human Rights Equality Commission submitted to the United Nations Committee on the Rights of the Child. (Question 2840/16 asked on 26 Jan 2016 - Social Welfare Benefits Eligibility)

Tánaiste and Minister for Social Protection (Deputy Joan Burton): The habitual residence condition is provided for in Irish social welfare legislation and is in accordance with EU legislation and with European Court of Justice jurisprudence. Being habitually resident in the State is a requirement, amongst others, for receipt of certain social protection payments and applies to applicants for and recipients of such payments regardless of their nationality or ethnicity.
As required by the legisla...

456. Deputy Clare Daly asked the Minister for Social Protection her plans to implement a system whereby maintenance orders which are awarded to social welfare recipients would be deducted from their social welfare payments. (Question 31791/13 asked on 02 Jul 2013 - Social Welfare Benefits Eligibility)

Minister for Social Protection (Deputy Joan Burton): Men and women are required by law to maintain their dependants. Maintenance can be paid voluntarily or as a result of a maintenance order granted by the courts. If someone is in receipt of a social assistance payment they must satisfy a means test. All sources of income, including maintenance, are assessed as part of the means test.
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