Martin Cullen (Waterford, Fianna Fail)

On the final point made by Deputy Shortall, people are not precluded from payment. All applicants, regardless of nationality, are required to be habitually resident in the State to qualify for carer's allowance. The question of what constitutes a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the criteria to be applied in determining whether a person is habitually resident. Each case received for a determination on the habitual residence condition is dealt with in its own right. Decisions are based on the application of the guidelines to the individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right of appeal.

Payments have nothing to do with the person who requires care. They are made to the person providing the care. I accept the point the Deputy is making but what she is seeking would require a fundamental shift in the scheme.

I requested information on this matter following the debate on Committee Stage. I was presented with notes relating to 22 cases. I thought I had them in my possession but unfortunately that is not the case. I have requested one of my officials to obtain them. The notes to which I refer make for interesting reading. There is no phenomenon or mystery in this area. From the cases I reviewed, the reasons for refusing payment to people are clear. In nearly all cases, people accept the decisions made. Individuals try to obtain assistance through the system but they understand that if they do not qualify, payment cannot be made. It is easy for someone returning to Ireland following a few years abroad to reassert their connection to the State. There is no issue in that regard.

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