Alex White (Dublin South, Labour) | Oireachtas source

The position is exactly as the Deputy describes: there are already guidelines in place which have been issued and circulated by the Minister. This section of the Bill provides for the same guidelines for those over 70. It is simply repeating the power of the Minister to issue guidelines to the HSE and persons designated by him or her with regard to the question of whether a person is ordinarily resident in the State. These guidelines are already in place and are habitually circulated. This section proposes that the same apply in the context of provisions for those over 70, which are being dealt with in this Bill.

With regard to whether a person is ordinarily resident in the State, ordinary residence is quite a flexible and, relatively speaking, liberal - if I may use that word - concept. It is not the same as domicile, for example - which is more difficult to prove - or tax residency. It is not the same as any of these other more onerous requirements. I am not giving any undertakings as to how it may be dealt with, but as a general proposition, a person can show ordinary residence if he or she is renting a property, for example. I am not saying it always happens, but it is possible for an individual who returns to the State after a relatively short period of time to show ordinary residence. It is quite a flexible instrument compared to domicile or tax residency. It is very much at the liberal end of what a person needs to demonstrate.

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