Financial Supports by the Department of Social Protection to Persons in Direct Provision Direct Provision Allowance Protection Seekers are offered accommodation under the system of Direct Provision operated by the Reception & Integration Agency of the Department of Justice and Equality. Protection Seekers are not obliged to accept Direct Provision and may provide for themselves during their time in the State. However, those who accept direct provision are provided with accommodation, all food and health services together with other facilities and services designed to ensure their needs are met while seeking the protection of the State. In addition to the Protection Seeker being provided with all basic necessities and food and accommodation, a weekly allowance for incidental personal expenditure, known as Direct Provision Allowance (DPA), is paid to Protection Seekers who reside within the system of direct provision. DPA is administered by Designated Persons in the Department of Social Protection, formerly known as Community Welfare Officers in the Health Service Exective, entirely on an administrative basis on behalf of the Department of Justice and Equality using the Supplementary Welfare Allowance1 (SWA) system as the payment vehicle. This arrangement was originally put in place as an interim measure pending the implementation of the necessary payment infrastructure by the Department of Justice. In 2006, the Department of Justice and Equality advised that to take over the administration of these payments would require the establishment of a system similar to that in the Department of Social Protection and that it would be difficult to justify the costs involved in doing this. The Department of Social Protection SWA system has continued to be used as the vehicle for administering DPA payments. Payment of the Direct Provision Allowance is not provided for within social welfare legislation and is therefore not paid in accordance with the provisions of the Social Welfare Consolidation Act 2005. Rate of Payment Policy regarding the rate of DPA is a matter for the Department of Justice and Equality. DPA is payable at the weekly rate of €19.10 per adult and €9.60 per child, having been introduced in 2000 at the rate of £15 per adult and £7.50 per child. These rates were equivalent to ‘comfort’ payments paid to people in long term institutional care at that time. Once-off payments could be made for clothing and other exceptional needs. Within the Direction Provision accommodation system there are two centres providing self-catering accommodation to a small number of Protection Seekers (83 residents at end September 2014 according to RIA Statistics2). In these cases the rate 1 The Supplementary Welfare Allowance scheme is the State's minimum income scheme within the overall social welfare system 2 Source Reception & Integration Agency, Monthly Statistics Report, September 2014 http://www.ria.gov.ie/en/RIA/Pages/Monthly_Reports 1 of DPA is increased to reflect that the residents must meet their basic needs other than the provision of accommodation. The Direct Provision Allowance rate is increased in line with that of the appropriate personal/family rate of Supplementary Welfare Allowance, less a standard deduction of €30/€403 per week in respect of the person’s contribution towards accommodation costs. The criteria for assessment of such cases are the same as those applying to any other recipients in the State who have been supplied with private rental accommodation. The amounts of DPA paid by the Department of Social Protection in the period 2008 to date are set out in Appendix 1. Social Welfare Payments Habitual residence in Ireland is a condition that must be satisfied for certain social welfare payments, including Child Benefit. This condition took effect from 1 May 2004 and affects all applicants regardless of nationality. The relevant legislation sets out the conditions that must be satisfied in determining whether the habitual residence condition is satisfied. Section 246(7) of the Social Welfare Consolidation Act 2005 expressly excludes asylum and protection applicants awaiting decisions on their applications; persons who have received negative asylum and protection decisions; persons awaiting decisions under Section 3 of the Immigration Act 1999; and persons in respect of whom deportation orders have been made, from being regarded as being habitually resident in the State for the purposes of the Act. The habitual residence condition does not apply to Exceptional Needs Payments (ENPs) administered under the SWA scheme as by their nature these payments may be required to meet an immediate, unforeseen and once-off need. Similarly, the habitual residence condition does not apply to the Back to School Clothing and Footwear Allowance scheme which is payable to eligible persons including those seeking protection. Details of these supports are set out in the following sections. Exceptional Needs Payments Under the SWA scheme4, the Department may make a single Exceptional Needs Payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet themselves out of their income. There is no automatic entitlement to an ENP. An ENP is payable at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance. Examples of the main types of needs that are met under this provision are: assistance towards the purchase of household appliances, bedding, clothing & child related items such as cots and prams, etc. clothing (includes adult and child clothing) funeral & burial expenses 3 The amounts reflect the single person and couples minimum contribution payable by persons in receipt of Rent Supplement. 4 Section 201 of the Social Welfare Consolidation Act 2005 refers. 2 illness – includes confinement costs & hospital requirements travel costs financial hardship – includes household, insufficient means, lost/stolen money, household budget and heating household repair and maintenance, rent deposits and rent/mortgage interest arrears. The Department expends a considerable amount in providing ENPs each year as set in Appendix 2. Detail of payments made under this scheme to persons in Direct Provision is also provided, including a detailed breakdown of payments for 2014. In 2013, over 14,300 payments were made under the ENP scheme at a cost in excess of €1.1 million to asylum seekers in direct provision under the ENP scheme to cover costs such as those associated with adult and child clothing, travel and child related items such as prams and buggies. In 2014 to end October, over 11,800 payments have been made at a cost of over €866,000. In 2012, a Departmental working group made up of staff from the Community Welfare Services undertook a review of the existing ENP scheme. One of the recommendations emanating from this review was to address the different approaches taken, in different areas, in relation to the payment of exceptional needs payments. Following this review, National guidelines have been issued addressing particular situations, as set out in Appendix 3. Back to School Clothing and Footwear Scheme The Back to School Clothing and Footwear Allowance (BSCFA) is a non-statutory administrative scheme which provides a once-off payment to eligible families to assist with the extra cost of school clothing and footwear when children start school each autumn. In 2014, the allowance was paid in respect of eligible children between the ages of 4 and 18 years or over in respect of children attending Secondary School. The rate of BSCFA for 2014 was €100 in respect of children aged 4-11 years and €200 in respect of children aged 12 years and over. A person may qualify for payment of an allowance if they are in receipt of a specified payment; are participating in an approved employment scheme or attending a recognised education and training course; and have household income at or below certain set levels. The purpose of the household income limit is to ensure that the allowance is directed at those with the greatest need. Protection Seekers with qualifying children who are receiving a weekly DPA child allowance may qualify for the BSCFA subject to the other qualifying conditions of the scheme being met. The Department expends a considerable amount in BSCFA payments each year as set out in Appendix 4. Details of payments made under this scheme to persons in Direct Provision in 2013 and 2014 is also provided. Department of Social Protection, 26 November 2014 3 Appendix 1 – Amounts paid by the Department of Social Protection on Direct Provision Allowance DPA Number of Persons Year Expenditure (provided by RIA) 2008 €4.96m 4,019 2009 €7.34m 6,400 2010 €6.62m 6,308 2011 €5.54m 5,169 2012 €4.50m 5,073 2013 €3.78m 4,482 2014 (end Oct) €2.98m 4,310 4 Appendix 2 – Amounts paid by the Department of Social Protection on Exceptional Needs Payments ENP Number of Year Expenditure Payments 2008 €82.3 million 259,870 2009 €75.2 million 236,687 2010 €70.6 million 218,000 2011 €62.9 million 226,200 2012 €53 million 196,837 2013 €35.6 million 132,630 2014 (end Oct) €24.3 million 87,952 ENP payments to families in Direct provision for 2013 and 2014 ENP Number of Year Expenditure Payments 2013 2014 (end Oct) €1,125,275 14,338 €866,311 11,839 5 Exceptional Needs Payments to persons in Direct Provision January – October 2014 ENP Category Travel Costs Adult Clothing Child Clothing Other Exceptional Needs Insufficient Means Pram/Buggy Confinement Costs Rent Deposit Hospital Requirements Lost/Stolen Money Funeral Expenses Bed & Breakfast Bedding Total Number of payments 6,323 3,607 802 703 206 105 54 24 4 4 3 2 2 11,839 Total Paid €260,712 €437,552 €66,473 €54,746 €10,200 €11,520 €4,960 €13,221 €311 €345 €5,950 €115 €206 €866,311 6 Appendix 3 – National recommended guidelines under the Exceptional Needs Payment Item Adult Clothing Child Clothing Buggy Double Buggy Cot Cooker Fridge Fridge/Freezer Washing machine Kitchen table Kitchen chairs (each) Single bed complete Double bed complete Wardrobe Chest of drawers (3 Drawer) Chest of drawers (6 Drawer) Floor covering (per sq. meter) Cost €100 € 50 €100 €150 €100 €310 €140 €250 €250 €120 € 40 €120 €180 €150 € 90 €100 € 10 7 Appendix 4 – Back to School Clothing and Footwear Allowance (BSCFA) Year BSCFA Expenditure Number of Families 2008 €50million 102,065 2009 €67million 139,000 2010 €77million 162,000 2011 €91million 191,500 2012 €66million 187,000 2013 2014 (end Oct) €48million 180,779 €42.5million 166,115 BSCFA payments to families in Direct provision for 2013 and 2014 Year 2013 2014 (end Oct) BSCFA Expenditure €136,300 Number of families 682 €138,900 615 8
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