Los límites a los derechos de autor no deben interpretarse como excepciones, sino como otros derechos.

Similarly to Irish citizens under the aged of 18, unaccompanied minors are not entitled to social welfare/assistance prior to the age of 18, regardless of their legal status (Quinn et al., 2014). However, Tusla provides a weekly Foster Care Allowance to foster carers of children in care, including unaccompanied minors. Foster carers may also receive various additional financial supports provided by the State to families with children.

Under section 53(b) of the 2015 Act, beneficiaries of international protection, including unaccompanied minors, are entitled to receive social benefits on the same basis as Irish citizens. Unaccompanied minors who are granted Stamp 4 permission are also entitled to access social welfare on reaching the age of 18. See Box 4 for information on unaccompanied minors who do not have an immigration status by 18 years of age.

Unaccompanied young people over the age of 18 who have a legal status are entitled to receive Jobseeker’s Allowance if no longer in education and unemployed after reaching the age of 18. Similarly to Irish citizens over the age of 18, if unaccompanied minors with a legal status are aged over 18 and in full-time education, they may not receive social welfare (Quinn et al., 2014). However, like Irish citizens, unaccompanied minors who receive a status decision before they reach the age of 18, have a Stamp 4 permission to remain and are in receipt of social welfare may be able to access Back to Education Allowance (BTEA) if commencing second- or third-level courses. In order to qualify for BTEA, the unaccompanied minor must be aged 18, out of formal education for at least two years and in receipt of social welfare payments such as Jobseeker’s Allowance for at least three months if pursuing a second-level course or nine months if pursuing a third-level course.214

In addition, unaccompanied young people over the age of 18 who have been granted a status and are in education/training are entitled to the Standardised

214 _{Department of Employment Affairs and Social Protection, ‘Back to Education Allowance’,} https://www.welfare.ie/en/Pages/353_Back-to-Education-Allowance.aspx.

National Aftercare Allowance on reaching the age of 18. The allowance consists of an amount of up to €300 per week, which is determined taking into consideration any other social welfare payments or education grants being received. The allowance, which was introduced in 2015 by Tusla as part of its aftercare policy for all eligible children leaving care, is provided up to the age of 21 and can be extended to the age of 23 if education or training continues. For those still in a care arrangement after the age of 18, the allowance is paid to the foster carer or provider of supported accommodation, while those who reside in private accommodation receive the allowance directly. On leaving care, the aged-out minor is required to submit progress updates at the end of each academic term to the aftercare worker in order to continue receiving the weekly allowance. An aftercare grant is also provided as a once-off payment to children turning 18 and leaving care in order to assist with expenses in securing and moving to private accommodation. This consists of one month’s rent and deposit as well as a setting up home allowance of €300 (Tusla, 2017c).

Box 4 Access to social welfare for aged-out minors without status

In order to access social welfare, all applicants must satisfy the Habitual Residence Condition which requires individuals to have a legal right to reside in the State. Non-EEA nationals, including unaccompanied minors, who do not have a residence permission in Ireland are not considered to have a right to reside and are therefore not entitled to access social welfare.

ICI highlights that delays in addressing a child’s immigration status can preclude access to social welfare supports. Children who spent time in the care of the State before turning 18 have reported being unable to access social welfare because their immigration status had not been secured during their time in care (Mannion, 2016).

As a result, ICI observed that aged-out minors have encountered difficulties in integrating into Irish society (Mannion, 2016). The lack of legal status precludes individuals from receiving the Housing Assistance Payment for social housing and rent allowance, with the result that some aged-out minors may face significant difficulties in accessing affordable housing (Mannion, 2016).

In particular, aged-out minors who are transferred to Direct Provision on turning 18 are not eligible for the Standardised National Aftercare Allowance (Tusla, 2017b), which forms part of national aftercare policy for eligible children leaving care and in full-time education, or for other social welfare supports.215 _{Persons seeking international protection in Direct Provision are currently} eligible for a weekly allowance of €21.60 from the Department of Employment Affairs and Social Protection (Tusla, 2017b). The government announced in October 2018 that the weekly allowance will increase to €38.80 in 2019.216 _{Research indicates that financial barriers arising from the weekly} allowance provided to persons seeking international protection and lack of access to transportation

215 _{With the exception of the Exceptional Needs Payment for once-off, immediate needs and the Back to School Clothing} and Footwear Allowance.

216 _{Government of Ireland, Budget 2019: Expenditure Report, available at} https://www.gov.ie/en/campaigns/0941370210-budget-2019/.

pose a challenge to aged-out minors pursuing further education and a barrier to integration (Arnold and Sarsfield Collins, 2011; Foreman and Ní Raghallaigh, 2015; Working Group on the Protection Process, 2015; Ní Raghallaigh and Thornton, 2017).

ICI highlights the need for policy-makers to consider the ways in which immigration permission is granted to children and the impact this has on children’s access to services. In particular, it is recommended that children in care be assisted in applying for permission to reside to ensure they can access social welfare, housing and financial support on the same basis as Irish citizens (Mannion, 2016). The Irish Human Rights and Equality Commission (IHREC) has also recommended the revision of the Habitual Residency Condition to ensure it is not discriminatory towards children seeking international protection and children of a migrant background (IHREC, 2015b).