Written Answers to Questions - Northern Ireland Assembly

Friday 20 July 2012 Written Answers
(iii) Additional staff may be required by the Department for Employment and Learning to deliver a
service to Universal Credit claimants, however staffing requirements for the new service are
unclear at this stage.
Former Dunluce Family Centre Site in Ballymagroarty, Derry
Mr Durkan asked the Minister for Social Development to detail the outcome of the Northern Ireland
Housing Executive’s pre-planning consultation on the future of the former Dunluce Family Centre site in
Ballymagroarty, Derry.
(AQW 13358/11-15)
Mr McCausland: As the Dunluce Family Centre site is in an area of housing need, a detailed feasibility
study was completed in order to determine the potential for social housing on the site. NIHE held pre
application discussions (PAD) with the Planning Service on 1 December 2011.
Planning Service has subsequently confirmed that they would have no objection in principle to housing
on this site subject to a number of issues around access, car parking, layout etc being satisfactorily
addressed as part of any planning application.
Parents of Foreign Nationals Receiving State Benefits
Mr Clarke asked the Minister for Social Development whether the parents of foreign nationals, who
have come to live in Northern Ireland with their adult children, are entitled to receive social benefits if
they are of pensionable age and have never contributed to the pension system.
(AQW 13370/11-15)
Mr McCausland: The availability of social security benefits for people coming to the United Kingdom
depends initially on their immigration status. Immigration, asylum and relations with the European
Union are excepted matters under Schedule 2 to the Northern Ireland Act 1998 and fall outside the
legislative competence of the Assembly.
The presence of non-EU nationals in the United Kingdom is strictly regulated by the Home Office
and immigration rules impact directly on entitlement to social security benefits. Persons subject
to immigration control are not normally entitled to income-related and non-contributory benefits.
People who have not lived and worked in the United Kingdom will not have paid National Insurance
contributions and will not normally have entitlement to contribution-based benefits.
Northern Ireland, as part of the United Kingdom, has legal obligations to meet in respect of citizens of
the European Union. Family members of EU nationals who are workers or self-employed have a right
to reside in the United Kingdom and may be entitled to income-related benefits. This can apply to the
parents of a person exercising rights under EU law, provided they are dependent on that person.
Entitlement to income-related benefits such as State Pension Credit also requires satisfaction of the
habitual residence test. The test has two elements: a legal right to reside and an objective assessment
of factual evidence of habitual residence.
The United Kingdom also has reciprocal agreements with a number of countries which may assist an
individual to satisfy contribution or residence/presence conditions for entitlement to certain benefits.
Blind or Visually Impaired Benefit Claimants
Mr Durkan asked the Minister for Social Development whether his Department has considered
excluding claimants who are blind or visually impaired from having to undergo assessment for benefits,
under the current proposals for personal independence payments.
(AQW 13379/11-15)
Mr McCausland: It is intended that the assessment for Personal Independence Payment will look at
people as individuals rather than label them according to a particular impairment or disability. It has
been designed to consider an individual’s personal circumstances, enabling them to explain, in their
WA 624