Madam, – Jamie Smyth draws attention to the hardship caused to Irish citizens returning from abroad by the rigid application of the habitual residence condition for qualifying for social welfare benefits (“Irish refused welfare over residency up 75%”, January 20th).
I would also like to draw attention to an amendment to the rules governing this condition that now excludes everyone in the asylum process from qualifying for social welfare payments, other than direct provision, regardless of their personal circumstances. This particularly affects families with children who cannot receive child benefit.
The amendment was rushed through the Oireachtas before Christmas 2009, a week after the social welfare appeals office had ruled that asylum seekers who had been here for some time and who had begun to set down roots in the community could qualify for benefits.
Asylum seekers’ children need clothes, toys and money for treats and school excursions just like other children.
The habitual residence condition should be applied on a case-by-case basis and with some flexibility and humanity for both returning Irish citizens and children of asylum seekers who can be stuck for years waiting for decisions in their cases. – Yours, etc,