Finian McGrath (Dublin North Central, Independent)
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Question 348: To ask the Minister for Social Protection if she will support a proposal (details supplied) on the habitual residence condition in the Social Welfare Bill. [9353/12]

Dan Neville (Limerick, Fine Gael)
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Question 353: To ask the Minister for Social Protection in relation to carer's allowance applications for family carers returning to Ireland for caring duties, if she is in favour of removing the habitual residence condition for such applications. [9397/12]

Joan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 348 and 353 together.

Carers allowance is a means tested social assistance payment made to persons who are unable to work because they are providing full time care and attention to older people or people with disabilities. The provisional outturn for carers in 2011, including carer's allowance, carer's benefit and respite care grant was approximately €658 million. This does not include the cost of the household benefits package or free travel which carers also receive. In 2011, there were almost 52,000 people in receipt of carers allowance from my Department; 22,000 of whom were getting half-rate carers allowance in addition to another social welfare payment, an increase of almost 40% since 2008.

The habitual residence condition, as provided for in section 246 of the Social Welfare (Consolidation) Act, 2005 (as amended), applies to claims for jobseeker's allowance, non-contributory State pension, blind pension, non-contributory widow's and widower's pensions, guardian's payment, one-parent family payment, carer's allowance, disability allowance, supplementary welfare allowance including rent supplement, and child benefit. The effect of the condition is that a person whose habitual residence is elsewhere is not qualified for these payments in Ireland. The purpose of this condition is to safeguard the social welfare system from abuse by restricting access for people who are not economically active and who have little or no established connection with Ireland.

The legislation directs the deciding officer to take into consideration all the circumstances of the case, including, in particular, the following factors specified by the European Court of Justice:

1. The length and continuity of residence in the State or in any other particular country;

2. The length and purpose of any absence from the State;

3. The nature and pattern of the person's employment;

4. The person's main centre of interest; and

5. The future intentions of the person concerned as they appear from all the circumstances.

I have no plans to change this requirement for carer's allowance. The operation of the scheme is kept under review to ensure it operates fairly and that applicants are not being refused without full and appropriate consideration. There are a number of issues which contribute to rejection on HRC grounds. These include:

· The applicant's main centre of interest clearly being outside Ireland, including Irish nationals returning home who clearly indicate that their homes, lives and future intentions are out of this State and that their stay in Ireland is of a short duration;

· Failure to provide relevant documentation (such as proof that they have terminated their employment, residency, closed bank accounts abroad etc.) or no documentation at all;

· Clear evidence that an applicant is continuing to receive welfare from another jurisdiction based on their residency there, for example a person receiving disability living allowance based on their residency in Northern Ireland;

· Persons who make multiple applications in a very short time for different allowances such as jobseekers, disability and carers.

The Deputies should be aware that the number of applications for carer's allowance refused on grounds of habitual residency is small. In 2011, 13,888 applications for carer's allowance were processed. Of these, 223 were refused on the basis of habitual residency, of which 42 were Irish nationals. This means that, in 2011, approximately 1.6% of all applications were refused on habitual residency grounds.