David Stanton (Cork East, Fine Gael)
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Question 51: To ask the Minister for Social and Family Affairs if he will report on the guidelines issued to social welfare offices regarding the habitual residency condition; and if he will make a statement on the matter. [17346/05]

Séamus Brennan (Dublin South, Fianna Fail)
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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. A central unit was established to monitor policy in terms of the implementation of the habitual residence condition and to provide advice and support to scheme areas and social welfare local offices. Decisions to the effect that applicants satisfy the habitual residence condition are made in the majority of cases at claim acceptance stage by deciding officers. At present, decisions on complex cases are made in the central unit.

The main policy and administrative developments to date have included the drafting of guidelines overseen by the Department's decisions advisory office and the posting of these guidelines on the Department's website and on the internal computer network for access by staff. Administrative guidelines on the operation of the condition have also been compiled and furnished to staff in social welfare offices and scheme areas. In addition, training has been provided to 1,300 staff. A leaflet providing comprehensive information on the habitual residence condition has also been published.

While the primary function of the staff in the central unit is to make decisions on complex cases, they also provide advice and support on an ongoing basis to colleagues in social welfare offices. The management of the unit maintains contact with their colleagues in social welfare offices to assist them with policy and administrative issues which may arise with regard to the habitual residence condition.

The habitual residence condition is operated in a careful manner to ensure that Ireland's social welfare system is protected while at the same time ensuring that people whose cases are appropriate to the Irish social welfare system have access to the system when they need it. In the period from May 2004 to May 2005, 72% of cases were found to satisfy the habitual residence condition. The operation of the condition is under review within the Department.

David Stanton (Cork East, Fine Gael)
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Will the Minister tell me how many people were told that their claims did not satisfy the condition over the period 2004 to 2005? Is it true that migrants who have been invited to work here but lose their jobs and fall upon hard times, as has been reported in the media, have no supports? How are these people supposed to eat or find shelter? Has the Minister any knowledge of the extent of this problem?

Séamus Brennan (Dublin South, Fianna Fail)
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A total of 13,776 cases were decided between 1 May 2004 and May 2005. Of these, 9,895 or 72% were found to satisfy the habitual residence condition. Of the 13,776 cases which were decided, 3,500 were Irish, 2,244 from the UK, 1,716 from the EU 13, 1,887 from new member states and 4,395 others. Affirmative answers were given in 72% of cases and 28% were refused. Approximately 10% of Irish applicants were refused because the two-year rule is not the only factor involved in the habitual residence conditions. Before qualifying for welfare, five tests are applied to determine whether a central connection with Ireland exists.

David Stanton (Cork East, Fine Gael)
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I again ask the Minister about those who came here in good faith to work but lost their jobs and are on the side of the street. Without support, how are they expected to eat and find shelter? Is the Minister aware of the extent of this problem? Has he or his Department investigated this issue? The answer to a recent parliamentary question indicates that this issue will not be subject to one of the famous reviews which he continually mentions. Does he plan to review this scheme? How are these people supposed to live, eat and find shelter? How many such individuals exist? Does the Minister have any contact with non-governmental organisations which have informed us that they are snowed under by the growing numbers of stranded migrants seeking help? What are his plans in this area?

Séamus Brennan (Dublin South, Fianna Fail)
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I am sorry to disappoint Deputy Stanton but, as I said in my reply, the scheme is being reviewed by the Department.

David Stanton (Cork East, Fine Gael)
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I was not informed of this in the answer to my parliamentary question last week.

Séamus Brennan (Dublin South, Fianna Fail)
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I inform the Deputy now that the operation of the habitual residence condition is under review within the Department. That is the case.

David Stanton (Cork East, Fine Gael)
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An unofficial rather than an official review is being conducted. I asked about this matter last week.

Willie Penrose (Westmeath, Labour)
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It proves that the Labour Party was correct to oppose this policy vehemently from the outset.

David Stanton (Cork East, Fine Gael)
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Why did the Minister not provide me with the correct information last week? Everything and nothing is under review.

Séamus Brennan (Dublin South, Fianna Fail)
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Does Deputy Stanton want me to conduct a review?

David Stanton (Cork East, Fine Gael)
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Will he conduct a review? He did not give me an answer on this last week.

Séamus Brennan (Dublin South, Fianna Fail)
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I am conducting a review. I take it that the Deputy wants me to do so.

David Stanton (Cork East, Fine Gael)
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Of course. I ought to have received the appropriate information last week when I asked about it.

Séamus Brennan (Dublin South, Fianna Fail)
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I said earlier that five factors are taken into account when deciding whether somebody who arrives here is entitled to welfare: 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 circumstances. Every circumstance, not only the two-year requirement, is taken into account. We have received a number of queries on this matter, some of which were from the European Commission.

David Stanton (Cork East, Fine Gael)
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A death will occur among these people before action is taken.

Séamus Brennan (Dublin South, Fianna Fail)
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I have also received the advice of the Attorney General on this matter. These factors will be taken into account when action is being considered. We must protect Ireland's social welfare structure at the same time as being humane and fair to people who come here.

David Stanton (Cork East, Fine Gael)
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That is not happening.

Séamus Brennan (Dublin South, Fianna Fail)
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It is my job to find that balance.

Willie Penrose (Westmeath, Labour)
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The Minister's predecessor was mistaken. She said that the floodgates would open. Fianna Fáil was lucky that she was removed from the Department.

David Stanton (Cork East, Fine Gael)
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People will die. The policy is media-driven.