Mary Coughlan (Donegal South West, Fianna Fail)

All member states can enter into bilateral social welfare arrangements because people cannot be a burden on the state. Everyone who travels to work in Ireland and brings their families will receive child benefit.

The habitual residence requirement is not necessarily two years; that is only a guideline. Other guidelines include the length and continuity of residence, the employment prospects of the individuals, why they are coming to Ireland, their future intentions and centres of interest. For example, if a person is working on a building site, falls and breaks his leg and is out for six months, it will be expected he will return to his employment. These guidelines are based on EU judgments to evaluate habitual residence. The test will be applied on a case by case basis. If the person who is injured, for example, can show he will return to work, he will be entitled to assistance until he does so. It is on that basis the Department will deal with the issue.

Under the Danish system, people collect assistance but they are still covered by regulation 1408 of 1971, which provides that people can transfer their benefits from one country to another. The principle still applies where there is free movement of people. French and Polish people will not be treated differently. The test is being introduced as a full change under our social welfare code and not under the accession treaty, similar to several other countries.

Applicants will receive child benefit.