Dáil debates

Wednesday, 11 November 2009

3:00 am

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)

There is, as Deputy Crawford noted in another context, a lack of consistency in implementing the habitual residence condition on the ground. Is the Minister aware that some community welfare officers continue to apply the old, two year habitual residency rule? Will she give a commitment that more guidance and training will be given to community welfare officers in this matter?

There is a significant variation in the manner in which similar applications are dealt with by the Department. The disbandment of the habitual residency unit is facilitating this lack of consistency. I will give an example of the crazy position that has resulted in a deluge of appeals to the social welfare appeals office. It concerns a family which has always resided in the common travel area. While one son was granted jobseeker's allowance under the habitual residency requirement, another son's application for jobseeker's allowance was refused under the same requirement. Moreover, the father's application for disability allowance was refused under the habitual residency condition, whereas his wife, who is his carer, was granted the carer's allowance under the condition. This demonstrates the inconsistency with which applications are being processed. What action is the Minister taking to ensure this inconsistency is addressed?

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