Social welfare appeals officers have expressed concern about the number of migrant workers from EU member states being denied welfare benefits on the grounds that they are not habitually resident here.
In its annual report published yesterday, the Social Welfare Appeals Office highlighted inconsistencies in the decision-making process over whether to grant or deny welfare benefits to migrant workers.
Brian Flynn, director and chief appeals officer, said: "Cases have come to my office on appeal where the grounds for disallowance were weak and unsupported or where the condition was satisfied for supplementary welfare allowance purposes, but not for unemployment assistance."
The habitual residency condition was introduced by the Government in May 2004 as a qualifying requirement for all social assistance payments and child benefit.
The restriction assumes a person is not habitually resident in the State if they have been living here for less than two years. It was introduced due mainly to fears of "welfare tourism" among members of new EU states.
However, many immigrant support groups say welfare restrictions are leading to hardship and, in some cases, homelessness among newly arrived migrant workers.
Mr Flynn said he welcomed EU legislation last year which provided migrant workers with unrestricted access to "family benefits", such as child benefit and the one-parent family payment. These changes had resulted in a reduction in the number of cases coming to his office on appeal.
However, he expressed concern about the "adequacy of safeguards" adopted by the Department of Social and Family Affairs to ensure consistency in the decision-making process.
The department has initiated a review of the administration of the condition, which is due to be completed later this year.
Mr Flynn said he hoped this would lead to improvements in the administration of the condition.
Other figures released yesterday show that 47 per cent of all 13,800 appeals to the office received a favourable outcome.
Among the appeals most likely to be successful were the invalidity pension (56 per cent), family income supplement (35 per cent), widows', widowers' and orphans' benefits (34 per cent) and occupational injuries benefits (33 per cent).
Minister for Social Affairs Séamus Brennan welcomed the publication of the report.
"The appeals office has a pivotal role to play in ensuring welfare customers have access to an independent review mechanism when they feel aggrieved by a decision made by the department and wish to appeal the outcome," he said.
The Minister said it was understandable that some people will not agree with decisions made on their entitlements given that his department issued almost one million payments a week which benefited 1.5 million people.
"That is why there is recourse to a full, fair and independent hearing through the appeals office is so important," Mr Brennan said.
For further information, contact: www.socialwelfareappeals.ie
