Séamus Brennan (Dublin South, Fianna Fail)

The habitual residence condition was introduced as a qualifying condition for certain social assistance schemes, including child benefit, with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the labour market to workers from the ten new EU member states without the transitional limitations imposed by most other existing member states. The effect of the condition is that a person whose habitual residence is elsewhere does not receive social welfare payments on arrival in Ireland.

In the period from May 2004 to the end of January 2007, the number of child benefit claims that required particular examination of this condition was 16,000. Of these, only 1,557, or less than 10%, were disallowed. Those who are refused are mainly persons whose claim to asylum is not yet decided, who do not have a work permit or who have only a minimal attachment to the workforce.

The habitual residence condition is achieving its intended purpose of allowing access to our social welfare schemes to persons who are genuinely and lawfully making Ireland their habitual residence, while preventing unwarranted access by persons who have little or no connection with the State. We have had many discussions on this issue in the House. Several factors apply in deciding whether a person meets the habitual residence condition, including length and continuity of residence, employment prospects, reasons for coming to Ireland, future intentions and the individual's centre of interest.

There are currently some 900 asylum seekers awaiting initial decision, and some 2,660 are appealing the refusal of their asylum application. There is no figure for the number of appeals refused and awaiting final decision on application for leave to remain. At the end of February, 5,710 asylum seekers were in direct provision, of whom 4,000 were adults and 1,710 children. The cost of direct provision last year was €78 million. Some 448 adults and 112 children were in receipt of supplementary welfare allowance while in direct provision accommodation, while some 3,700 adults and 1,431 children were in receipt of direct provision allowance.

I share Deputy Stanton's wish that no child should suffer in any way in our system. However, we must have a system in place. As I said, those in direct provision — 4,000 adults and 1,710 children — receive direct support at an Exchequer cost of €78 million under the policy direction of the Department of Justice, Equality and Law Reform. Few applicants are refused child benefit on the basis of the habitual residence condition.

We will continue to monitor this issue. It is everyone's wish that no child should suffer while in Ireland. At the same time, however, the system must work for the benefit of the State as well as for the children in question. I am satisfied there is no evidence of undue hardship as a consequence of these regulations. If I become aware of any such hardship, I will ensure it is brought to the attention of community welfare officers.

See this speech in context