Dáil debates

Wednesday, 13 February 2008

Priority Questions

Social Welfare Benefits.

1:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 101: To ask the Minister for Social and Family Affairs if he will review the habitual residence condition for the carer's allowance; and if he will make a statement on the matter. [4793/08]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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Carer's allowance is a means tested social welfare payment for people providing full-time care and attention to people who need it. In line with social assistance payments generally, one of the eligibility requirements for carer's allowance is that the applicant be habitually resident in the State.

All applicants, regardless of nationality, are required to be habitually resident in the State in order to qualify for carer's allowance. The question of what is 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 and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

The habitual residence condition is being 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 system have access to it when they need it. The operation of the condition was reviewed by my Department in 2006 and the report of the review was published on 1 February 2007. The full content of the review may be accessed on the Department's website, www.welfare.ie. I have no plans to further review the application of the habitual residence condition at this time.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Is it not the case that approximately 17,000 Irish citizens, including religious missionaries, have been refused welfare benefits due to the habitual residence condition which was introduced in 2004 to deal with welfare tourism? In some instances, the restrictions have been applied inconsistently by the Department. What is the position of Irish people who were resident in the United States? If people come home to take care of their elderly parents they must provide the Department with some type of evidence that they have severed their links with the United States, for example, proof of having closed a bank account or terminated their tenancy. This is extremely difficult for Irish people who live illegally in the United States. Since they are not legally there, they do not have much documentation to provide in the first place. Not only are they being discriminated against in the United States, but they are now being discriminated against in Ireland.

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The correct information is that from 1 May 2004 to 31 December 2007 the number of claims with complex habitual residence condition, HRC, issues decided in respect of Irish citizens was 16,242 of which 1,684 were disallowed. It was not 16,000 as the Deputy indicated.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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I said 17,000. I am sorry.

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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There were 16,000 applications. European Union legislation prohibits discrimination between nationals of EU member states in the context of freedom of movement and people's access to social security or social assistance entitlements. Irish nationals returning here to live on a permanent basis have absolutely no difficulty in demonstrating that they satisfy the requirements of the habitual residence condition. Deputy Naughten referred to some people who come back for a short period of time.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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I referred to people coming back permanently.

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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Anybody who comes back permanently has no problem at all. Some people may come back for two or three months and that is an entirely different matter. If Irish people come back to Ireland to stay here, there is no difficulty in giving them all of the various entitlements. As the Deputy is aware, there are a number of areas where the habitual residence condition applies to different aspects of the social welfare system.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Will the Minister explain how an Irish emigrant who returned from the United States to care for her elderly mother was denied the carer's allowance because she could not establish that she was permanently living here, even though she had applied for that allowance? The Minister ignored the fact that a second test applies to the carer's allowance, namely, that one must provide full-time care and attention and the person receiving the care must require same. The habitual residence clause should not be required when the test applying to the need for full-time care exists.

A woman from outside the European Union who has lived here for approximately two years with a sick child is in receipt of child benefit, yet has been denied the carer's allowance by the Department. Is it not a fallacy to have the habitual residence clause in place specifically for the carer's allowance when other eligibility tests apply?

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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It is not in place specifically for the carer's allowance.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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It includes the carer's allowance.

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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It includes the carer's allowance but the point is that it applies to a range of issues in the social welfare system. The bottom line is that it is there to protect our social welfare system, so that we do not——

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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What about protecting the elderly?

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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I understand from where people are coming in this debate. What has been continually suggested to me is that we should abandon the habitual residence clause.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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I never asked for that.

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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If we were to do that, anybody who landed on our shores could immediately access many aspects of the social welfare system.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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An additional test applies in regard to the carer's allowance.

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The second test applies to anybody who seeks the carer's allowance. It does not matter whether they live here, have come here or are re-establishing their habitual residence condition in the country. The bottom line is that one has to fulfil conditions to get the carer's allowance. As I outlined in the reply, this particular aspect was reviewed in 2006 and the report was published only last year. I do not intend to review it again in the immediate future. The system we operate currently is fair.

It is possible to make an appeal to the social welfare appeals office. I would not like to see anybody who is entitled to any of the allowances refused them. I would like to know the circumstances of each case. When an individual case is brought to my attention, it is difficult for me to comment on it without knowing the full circumstances. Nevertheless, the system is working quite well and nearly all people who have Irish citizenship are getting any allowances to which they are entitled.