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Know Your Rights > Irish Social Welfare System

Irish Social Welfare System


The Department of Social and Family Affairs (DSFA) is responsible for the Social Welfare system. Details of different services & contact details for local offices can be found on www.welfare.ie

Habitual Residence Condition and Access to Social Protection
On 1st May 2004 the Irish government introduced the Habitual Residence Condition (HRC) as an additional test for qualifying for Social Assistance payments, Child Benefit and Supplementary Welfare Allowance. The HRC is concerned with determining a person’s degree of permanence in Ireland and whether Ireland is their centre of interest. Deciding officers will assess a person’s habitual residency by reference to the following factors:

  • Length and continuity of residence in Ireland
  • Length and purpose of absence from Ireland
  • Nature and pattern of employment
  • Applicant’s main centre of interest
  • Future intention of applicant as it appears from all the circumstances of their case

People from EU/EEA countries who are in genuine and effective employment or have a work history in the State will be considered to satisfy the HRC. The following factors are used to determine whether an applicant’s work was genuine and effective: its duration, the number of hours worked per week, the earnings, whether the work was regular or not and whether the person became voluntarily unemployed.

Information about the Habitual Residence Condition can be found at www.welfare.ie – click here
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Social Insurance (Contributory) and Social Assistance (Non-Contributory)
The Irish Social Welfare system is based on two pillars; social insurance and social assistance. Social insurance is on the basis of PRSI contributions while social assistance is determined by means assessment. The Social Welfare system in Ireland has two schemes:

1) Social Insurance (Contributory)
This is available to those who have paid a specific number of social insurance contributions as part of their salary, i.e. PRSI ("Pay Related Social Insurance"). The different payments usually have the term 'contributory' or 'benefit' in the title. Examples of these payments include:
- Job Seeker Benefit
- Maternity Benefit
- Carers Benefit
- Disability Benefit
- Contributory old age pension

To qualify for a payment under the social insurance schemes, you must have made the required number of PRSI contributions for the particular scheme. You do not need to satisfy the Habitual Residence Condition (see above) to avail of these payments. For non-EU/EEA workers, please note that to qualify for these payments, your residency stamp (GNIB registration certificate) must still be in date as the payment will stop on the expiration of your stamp.

Combining EEA and Irish Social Insurance Contributions
An EEA national who does not have enough contributions to qualify for Job Seeker Benefit, Disability Benefit, Maternity Benefit or Treatment Benefit may combine the social insurance contributions from their home country to qualify for a payment. To do so the individual will make a claim in the usual way but will provide additional information such as home country social insurance number and employment details. The International Records Section of the Department of Social and Family Affairs will contact the relevant authority in the applicant’s home country and request form E103 – sickness benefit, or E104 – unemployment benefit as appropriate.

2) Social Assistance (Non-Contributory)
This is paid on the basis of having a low income and is means tested (i.e. your income must be below a certain level). These payments do not depend on contributions made through PRSI. The Habitual Residence Condition (see above) applies to these payments. Examples of these payments include:
Job Seeker Allowance
One Parent Family Payment
Pre-retirement allowance
Non-contributory old age pension
Carers Allowance Supplementary Welfare Allowance

Please note that for a family-related payment such as One Parent Family Payment, EU citizens who are either in employment or in receipt of unemployment benefit do not need to satisfy the Habitual Residence Condition (see above).

For detailed information on both contributory and non-contributory payments, see www.welfare.ie or www.citizeninformation.ie
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Child Benefit:
Child Benefit is not based on PRSI contributions. It is a non-means tested payment made in respect of each child who is under 18 years. Budget 2009 made changes to the age criteria for Child Benefit. From January 2009 until the end of December 2009, children aged 18 will get half-rate Child Benefit. From January 2010, children aged 18 will not get Child Benefit.

Non-EU/EEA citizens must be "habitually resident" in Ireland to quality for Child Benefit (see HRC above). If you are a non-EU/EEA citizen and legally working in this State, you may qualify for Child Benefit if your child is also resident here. Under European Union law Child Benefit is considered a family related payment. Therefore an EEA national who is employed / self-employed in Ireland is entitled to Child Benefit in respect of children who reside in another EEA country. This payment continues in the event of the claimant becoming unemployed and be awarded Job Seeker Benefit. See www.citizensinformation.ie for more information or your Local Citizens Information Centre.
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Supplementary Welfare Allowance:
Supplementary Welfare Allowance (SWA) is administered by the Health Services Executive (HSE), through a network of Local Health Offices, health centres and clinics. It has been described as a scheme of last resort and its function is to provide basic financial support to people who do not have the means to sustain themselves, do not have an income and do not qualify for an allowance from the Department of Social and Family Affairs. It also provides supplementary financial support when an individual’s means are insufficient to provide for his/her needs and to provide for financial support in cases of exceptional and urgent need.

People with low incomes may also qualify for a weekly supplement payment under the scheme to meet certain special needs, for example, help with rent/mortgage interest payments. Three types of payments are available under the SWA Scheme:

Basic SWA
This payment is only made when a person does not have the means to provide for him/herself, is without an income, does not have an entitlement to a payment from the Department of Social and Family Affairs (DSFA) or is awaiting the outcome of a decision on an application to DSFA.

To qualify, a person must satisfy the HRC (see above), satisfy a means test and be genuinely seeking work. If capable of working, he or she must have made an application to DSFA for a payment to which he or she may be entitled.

Supplements
Supplements are paid when a person’s basic DSFA income is not sufficient to provide for his/her needs. Types of supplements paid include:
Rent / mortgage supplement
Diet supplement
Heating Supplement
Creche Supplement

Exceptional / Urgent Needs Payment
These are discretionary, once-off payments so the HRC does not apply, the sole determining factor is the identification of need so no person is automatically excluded.

All SWA applicants are subject to a means test. You should apply for Supplementary Welfare Allowance to the Community Welfare Officer at your local health centre. For more information click here. For Local Health Centres: click here

Family Income Supplement
FIS is a weekly payment for families including one-parent families at work on low pay. It is not subject to income tax and does not affect any medical card entitlement. See www.citizensinformation.ie for more information or your Local Citizens Information Centre.

Examples of Documentation Required to make a DSFA or SWA Application
Personal Public Service (PPS) Number
Proof of identity, e.g. passport
Proof of employment
Evidence of length of time in the country (e.g. lease, utility bills)
Bank account details
Garda National Immigration Bureau (GNIB) residence card, if applicable
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Appeals
If you receive a negative decision on an application from either a Social Welfare Officer or Community Welfare Officer you are entitled to receive reasons for the refusal of your application, and an opportunity to appeal this decision.

If you receive a negative decision from a Community Welfare Officer, you can ask for this decision in writing, and appeal this decision internally to the supervisor of the section, the Superintendent Community Welfare Officer. If you disagree with the decision, you can appeal it further to the Social Welfare Appeals Office (see below).

If you disagree with the decision of the Deciding Officer of the Social Welfare Services concerning your entitlements, you have the right to appeal to the Social Welfare Appeals Office. The Appeals Office operates independently to the Department, and is responsible for determining appeals against decisions on Social Welfare statutory entitlements. It also deals with appeals by persons dissatisfied with certain decisions made by Health Boards in relation to Supplementary Welfare Allowance. If you are unhappy with a decision you can contact the Appeals Office on:
LoCall: 1890 74 74 34
Email: swappeals@welfare.ie
For more information click here

You may be able to seek assistance in relation to lodging a Social Welfare Appeal by contacting your local Citizens Information Centre, the Free Legal Advice Centre (FLAC) or the Irish National Organisation for the Unemployed (INOU).
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If you are not entitled to any benefits/assistance/allowance
There are a number of organisations you can contact for assistance, including the Society of Saint Vincent de Paul and Focus Ireland (contact details below). You can contact your local Citizens Information Centre for more information.

Homelessness
The Asylum Seeker and New Communities Unit is located at 77 Upper Gardiner Street, Dublin 1 and it provides Community Welfare Services to homeless non-Irish people from outside the Common Travel Area (UK & Ireland). In general, whether a person can access the service is dependent on the person’s residency status and whether s/he satisfies the HRC.

People who satisfy the HRC requirement, do not have a history of anti-social behaviour and whose homelessness is not caused by their own actions will generally be accommodated in emergency hostel accommodation or assisted with the sourcing of hostel accommodation. Placement in emergency accommodation is on a short-term basis only, +so people are expected to source their own accommodation as soon as possible. Failure to do so without good cause will result in the emergency accommodation placement being ended.

Homeless persons from the EEA who are not HRC-compliant or do not have a work history in the State will be referred to the Reception and Integration Agency of the Department of Justice, Equality and Law Reform for emergency accommodation pending their repatriation to their country of origin. In general, any person who declines this offer of voluntary repatriation will be refused further assistance.

Homeless non-EEA nationals will be referred to the International Organisation for Migration (IOM) to apply for repatriation to their country of origin. Accommodation assistance will be provided to such people until they travel home.
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Workplace Exploitation and Access to Social Protection
If you are an EEA or non-EEA national who has been exploited in the workplace, and do not satisfy the Habitual Residence Condition when making an application for social assistance, you can contact your local Community Welfare Officer and make a claim for an Exceptional Needs Payment, outlining the circumstances of your case, emphasising that you are seeking alternative employment and intend to lodge a complaint against your employer (either to the employment complaint bodies or to the Labour Inspectorate). However, please note that there is no automatic entitlement to assistance in these cases, but a Community Welfare Officer may use his or her discretion to offer you some form of financial help in supporting you to secure alternative employment.

MRCI believes that access to financial and other forms of social protection are central to a person’s ability to seek redress. In situations where a person has made a formal complaint, automatic qualification for social protection should be granted, irrespective of that person’s legal status or whether they qualify for the HRC or not.
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Undocumented Status and Access to Social Protection
People who are undocumented in the State (i.e. who do not have a valid immigration registration certificate/stamp) do not have access to the Social Welfare system even if they have paid sufficient Social Welfare contributions as part of their employment. Free Legal Advice Centres (FLAC), in collaboration with the MRCI, is taking a case to the High Court challenging a rule that migrant workers who have paid PRSI contributions cannot get contributory benefits if they are undocumented. The case concerns a non-EU national who came to Ireland on a work permit but whose employers failed to renew her permit despite her repeated requests. Only employers could apply for Work Permits at that time. In 2006 she was dismissed without notice following an accident at work and with the assistance of the MRCI she applied for Illness Benefit. She was told her contributions were not valid as she had been undocumented when she made them, and her application was refused. The Social Welfare Appeals Office upheld the refusal and FLAC has now appealed that decision to the High Court on behalf of the worker.

If an undocumented person makes an application for Social Assistance, the CWO will refer them to the Garda National Immigration Bureau (GNIB) to regularise their status in the State, and depending on the circumstances of their case, each Social Assistance application will be assessed on a case-by-case basis by a Community Welfare Officer. Please note that if you have experienced workplace exploitation or have been in a forced labour situation, you can get support from the Migrant Rights Centre Ireland in making an application for Social Assistance. However, please note that there is no entitlement to assistance in these cases but a Community Welfare Officer may use his or her discretion to offer you some form of financial help in supporting you to secure alternative employment.
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For Further Information
Please contact Department of Social and Family Affairs for a full list of Social Welfare payments: Addresses of relevant Head offices and Local Offices are available on www.welfare.ie – click here for relevant section.
Tel: 7043000
Email: info@welfare.ie
www.welfare.ie

There is also information on Social Welfare Payments on the Citizens Information Board website www.citizensinformation.ie – click here for relevant section, or from your local Citizens Information Centre

You can also contact Crosscare Migrant Project on www.migrantproject.ie

Other Useful Contacts:

Child Benefit Section
Social Welfare Services Office
St. Oliver Plunkett Street
Letterkenny Co. Donegal
Tel. 1890 400 400

Treatment Benefit Section
Social Welfare Services Office
St. Oliver Plunkett Street
Letterkenny Co. Donegal
Tel. 1890 400 400 ext 4480

Maternity Benefit Section
Social Welfare Services Office
St. Oliver Plunkett Street
Letterkenny Co. Donegal
Tel. 1890 690 690

Disability Allowance Section
Social Welfare Services Office
Government Buildings
Ballinalee Road Longford
Tel. 01-704 3948

Disability Benefit Section
Department of Social and Family Affairs
Aras Mhic Dhiarmada
Store Street Dublin 1.
Tel. 01-679 7777

International Records Section
Social Welfare Services Office
Floor 2 Oisin House
Pearse Street Dublin 2
Tel. 01-704 3000

Family Income Supplement Section
Social Welfare Service Office
Government Buildings
Ballinalee Road Longford
Tel. 01-70445211 / 043-704 3000

Injury Benefit Section
Social Welfare Services Office
157-164 Townsend Street Dublin 2
Tel. 01-874 8444

Social Welfare Appeals Office
D’olier House
D’olier Street Dublin 2
Tel. 1890 747 434
Website: www.socialwelfareappeals.ie

Health Service Executive Appeals Office
Unit 1 Bridgecourt Office Park
Walkinstown Avenue Dublin 12
Tel. 01-460 9300

Free Legal Advice Centres
13 Lower Dorset Street Dublin 1 Ireland
Information & Referral Line: 1890 350 250
Tel: +353 1 8745690
www.flac.ie

Focus Ireland:
Focus Ireland Dublin 9 -
12 High Street
Christchurch Dublin 8
Tel. 01 881 5900
Fax. 01 8815 950

Focus Ireland Waterford
St John's Park
Grange Cohan Waterford
Tel. 051 879 807
Fax. 051 879 811

Focus Ireland Limerick
Parnell Place
Parnell Street Limerick
Tel/Fax. 061 317 199
www.focusireland.ie

Irish National Organisation for the Unemployed (INOU)
Araby House
8 North Richmond Street Dublin 1
Tel: (01) 856 0088
Email: info@inou.ie
www.inou.ie

International Organisation for Migration (IOM)
7 Hill Street Dublin 1
Tel : 01 87 87 900
E-mail : iomdublin@iom.int
www.iomdublin.org

Society of St Vincent De Paul
SVP House
91/92 Sean McDermott Street Dublin 1
Tel. 01-855 0022
Email: info@svpdublin.ie
www.svp.ie
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