Oireachtas Joint and Select Committees

Wednesday, 7 October 2020

Joint Oireachtas Committee on Social Protection

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail) | Oireachtas source

My understanding was that they did not have the same habitual residence test in England as they have here. Our habitual residence test applies to anybody coming here from anywhere and asks people to prove their centre of interest is this State. I have discussed this with people in Britain who are familiar with welfare and my understanding is that they do not have the equivalent. When a person goes to England and claims welfare, they do not have our habitual residence test, which we introduced to stop welfare shopping or people coming here for the purpose of welfare. As the Department can confirm no doubt, back in the day there was an arrangement made with St. Brendan's Safe Home Ireland. If it vouched for a person then it had to produce as much evidence as it could but if somebody was picked up off the streets then it was presumed that St. Brendan's was fixing him or her up and that a person's main centre of interest was going to be here. I understand the arrangement worked quite well. We all are aware of problems with people coming from America, England or wherever proving habitual residence. It is the only case, to my knowledge, where one does not get anything not even supplementary welfare. One cannot apply for housing, a medical card or anything else until one proves habitual residence. My understanding is that was an Irish arrangement to deal with an Irish problem.

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