Oireachtas Joint and Select Committees
Tuesday, 23 April 2024
Joint Oireachtas Committee on Housing, Planning and Local Government
General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion
11:00 am
Ms Mary Heavey:
No, there is not and the way in which the general scheme defines the HRC is different from the Social Welfare Consolidation Act and is narrower. The habitual residence condition in the social welfare Act looks at the overall circumstances of the individual whereas the manner in which the general scheme defines it just looks at the overall circumstances relating to the future intentions. It might seem like a purely semantic distinction but on the ground and from an EU law perspective, it is potentially quite important.
Reckonable residence is not defined in the general scheme but that speaks to looking at the residence of a person in the State and whether it builds up to entitlements to certain social assistance, for example. Again, as noted by Threshold, that is not actually defined in the general scheme as it currently stands. The Deputy is absolutely right that it is the interplay between all of them that is of concern and merits further consideration to ensure there are not unduly harsh or unintended consequences due to how they interact with each other.