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. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the new EU member states without the limitations being imposed at that time by many other member states. The effect of the condition is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland, regardless of citizenship, nationality, immigration status or any other factor.

The European Commission wrote to the Government on 22 December 2004 raising a number of issues concerning its compliance with EU law on workers and their families. Officials from my Department and the Attorney General's office met Commission officials on 15 May last to discuss the issues raised and explain that the operation of the new condition was fully in line with the criteria set out in the case law of the European Court of Justice. These criteria are the length and continuity of residence in a particular country, the length and purpose of absence from Ireland, the nature and pattern of the employment, the applicant's main centre of interest and the future intention of the applicant concerned as it appears from all the circumstances.

In addition, full consideration is given in the decision-making process to the requirements of EU Regulation 1408/71, which co-ordinates the social security rights of people who move within the EU. Rules which apply to migrant workers, that is, persons who have taken up employment in Ireland following their arrival here, are strictly observed.

The habitual residence condition does not apply to social insurance benefits such as unemployment benefit or retirement pension and therefore does not affect an entitlement which is based on the aggregation of the migrant workers' insurance records in Ireland and their country of origin.

A formal response by the European Commission to the points made is still awaited. It is expected that the Commission's examination of the matter will be concluded to the satisfaction of both parties by the end of this year.

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