Payments to Direct Provision (27 Nov 2014)

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