Officials at the Department of Social Affairs have expressed concern that Government restrictions on welfare benefits for non-Irish citizens are violating the rights of migrant workers.
The measures, known as "the habitual residence condition", were introduced last year in response to Government fears that the accession of 10 new members to the EU could lead to a significant number of citizens coming here to draw welfare payments.
However, appeals officers at the department say the condition means children of such migrant workers are denied child benefit. Appeals officers say children of migrant workers are entitled to "family benefits", such as child benefit, under EU legislation.
There is also concern the provision may be in breach of the United Nations Convention on the Rights of the Child, to which Ireland is a signatory.
In the annual report of the Social Welfare Appeals Office, appeals officers say their concerns have been passed on to the Department of Social Affairs and are being considered as part of an ongoing review of the provision.
Under the welfare restrictions, applicants must be able to satisfy a habitual residence condition. They must have lived in the State for at least two years, have worked here and must intend to remain in the country to satisfy the habitual residence condition.
The restrictions apply to a range of entitlements such as unemployment assistance, old age (non-contributory) pension, blind pension, one-parent family payments, carer's allowance, disability allowance, supplementary welfare allowance and child benefit.
The Social Welfare Appeals Office is an independent office operating under the auspices of the Minister for Social Affairs. The office deals with appeals on decisions made about entitlement to benefits under the Social Welfare Acts and questions regarding the insurability of employment.
The annual report says almost half of the people who appealed decisions relating to their social welfare entitlement were successful last year.
Appeals fell across most areas, while only appeals against decision of child benefit recorded a significant rise. The number of appeals overall fell last year. In 2004, 14,083 people made appeals compared with 15,224 in 2003.
Thirteen per cent of appeals were subsequently withdrawn, the remaining 46 per cent were decided in favour of the appellant, while 40 per cent were "disallowed".
