Ms Mary Heavey:

The general scheme as currently drafted effectively provides that EU citizens who are lawfully and habitually resident in the state are not eligible to be assessed for social housing support in the first three months of their residence here in the state regardless of the basis of their residence there. The EU citizenship directive effectively allows a host member state to not provide social housing assistance to any individuals exercising their free movement rights in the host member state during the first three months of their residence, aside from workers. Workers have a special category and that has been determined in a case called García by the Court of Justice of the European Union, CJEU. Effectively, it found that host member states can refuse to provide social assistance aside from individuals who are exercising their rights as workers within the first three months.

We believe that blanket restriction is not compatible with EU law. There are also a couple of points my colleague Ms Wall mentioned. We have concerns that the habitual residence condition as reflected in the general scheme does not actually reflect EU law. It is not an identical replica of the HRC as set out in the Social Welfare Consolidation Act. We believe that distinction may not also reflect EU law. That is a case called Swaddling. Again, as Ms Wall said, we also have concerns around the proportionality impact.