Séamus Brennan (Dublin South, Fianna Fail)

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. A central unit was established to monitor policy in terms of the implementation of the habitual residence condition and to provide advice and support to scheme areas and social welfare local offices. Decisions to the effect that applicants satisfy the habitual residence condition are made in the majority of cases at claim acceptance stage by deciding officers. At present, decisions on complex cases are made in the central unit.

The main policy and administrative developments to date have included the drafting of guidelines overseen by the Department's decisions advisory office and the posting of these guidelines on the Department's website and on the internal computer network for access by staff. Administrative guidelines on the operation of the condition have also been compiled and furnished to staff in social welfare offices and scheme areas. In addition, training has been provided to 1,300 staff. A leaflet providing comprehensive information on the habitual residence condition has also been published.

While the primary function of the staff in the central unit is to make decisions on complex cases, they also provide advice and support on an ongoing basis to colleagues in social welfare offices. The management of the unit maintains contact with their colleagues in social welfare offices to assist them with policy and administrative issues which may arise with regard to the habitual residence condition.

The habitual residence condition is 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 Irish social welfare system have access to the system when they need it. In the period from May 2004 to May 2005, 72% of cases were found to satisfy the habitual residence condition. The operation of the condition is under review within the Department.

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