Bernard Durkan (Kildare North, Fine Gael)
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Question 141: To ask the Minister for Social and Family Affairs the number of Irish citizens refused social welfare payments, including rent support, on foot of the habitual residency clause criteria; and if she will make a statement on the matter. [3232/09]

Bernard Durkan (Kildare North, Fine Gael)
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Question 331: To ask the Minister for Social and Family Affairs the number of Irish-born citizens who have been deprived of social welfare payments in the past two years under the habitual residency clause; and if she will make a statement on the matter. [3525/09]

Bernard Durkan (Kildare North, Fine Gael)
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Question 332: To ask the Minister for Social and Family Affairs the number of non-Irish born Irish citizens who have been deemed ineligible for a social welfare payment on foot of the habitual residency clause since its inception; and if she will make a statement on the matter. [3526/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 141, 331 and 332 together.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004.

It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States.

The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland.

Under Social Welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers. Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case. Decisions in relation to Supplementary Welfare Allowance, including Rent Supplement, are made by Community Welfare Officers in the Health Service Executive (HSE).

Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent Social Welfare Appeals Office.

While decisions to the effect that applicants satisfy the Habitual Residence Condition (HRC) can be made in the vast majority (over 90%) of cases at claim acceptance stage on the basis of answers given on the primary claim forms, complex cases are examined in more detail.

Claims involving complex HRC issues are assessed and decided in all scheme areas within the Department by deciding officers who are experienced and fully familiar with the issues involved for each scheme in regard to HRC. I am satisfied that this arrangement contributes greatly to accuracy and consistency in the decision-making process.

The Supplementary Welfare Allowance scheme, including Rent Supplement, is administered by the Community Welfare Service of the HSE. Statistics are not recorded which would enable detailed information to be provided on the numbers refused Supplementary Welfare Allowance, including Rent Supplement, by reason of not satisfying the Habitual Residence Condition. (HRC).

However on the basis of local experience the Community Welfare Service estimates that less than 1% of all claims refused each year come within this category. During the period from May 2004 to December 2008 82,757 cases involving complex HRC issues were decided for all social welfare schemes. 19,504 or 24% of these were in respect of Irish citizens — of which 89% (17,414) were allowed and 11% ( 2,090) were disallowed . Statistical information is not maintained in regard to whether an Irish citizen's place of birth was in Ireland or not.

An analysis by geographical sector of the decisions made in all 82,757 complex cases is set out as follows.

EU legislation prohibits discrimination between nationals of EU Member States in the context of freedom of movement of workers and their access to social security or social assistance entitlements. Therefore national legislation cannot provide advantages to non-resident Irish nationals on short visits here without extending the provisions to all EU nationals under the same conditions. It must be emphasised that Irish nationals returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the Habitual Residence Condition.

The criteria that have been incorporated in the social welfare legislation in relation to the HRC have been drawn from judgments of the European Court of Justice and are therefore soundly grounded in case-law.

The Habitual Residence Condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it. The operation of the condition was reviewed by the Department in 2006 and it is not proposed to introduce any changes to the current policy in this regard as the original reason for the policy is still valid.