Seanad debates

Wednesday, 28 March 2007

Social Welfare and Pensions Bill 2007: Committee Stage

 

1:00 pm

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)

As the Senator knows, child benefit is paid to the qualified person with whom the child resides. Since 1 May 2004 the qualified person must satisfy the habitual residence condition. The requirement was introduced in the context of the Government's decision to open the labour market to workers from the ten EU member states that acceded at that time without the transitional limitations. As we were one of only three member states to open our markets in 2004, it was necessary to build in some protections to our systems. The effect of that condition is that a person whose habitual residence is elsewhere does not receive social welfare payment on arrival in Ireland. From 1 May 2004 until 31 January 2007, the number of child benefit claims that required particular examination of the habitual residence condition was 16,092. Of these only 1,557, less than 10%, were disallowed.

Those who are refused child benefit are mainly persons whose claim to asylum has not yet been decided — I suspect these are the people the Senator has in mind — who do not have a work permit, or who have only a minimal attachment to the workforce here. The habitual residence condition is achieving its intended purpose. It is allowing access to our social welfare system to those who are genuinely and lawfully making Ireland their place of habitual residence. At the same time it is preventing unwanted access by persons with little or no connection with the State. Obviously the State must strike a fine balance in that regard. The legislation specifies five factors in determining what constitutes habitual residence. These include the length and continuity of residence, employment prospects, reasons for coming to Ireland, future intentions and the person's centre of interest, for example their family or home connections.

Asylum seekers come under a different area and it is important to distinguish between the two. The Refugee Appeals Tribunal provided the following figures. Some 933 asylum seekers are awaiting initial decision and 2,669 asylum seekers are appealing their refusal. The number of appeals refused and awaiting final decision on application to the Minister for leave to remain has not yet been determined. On 28 March 2007 there were 5,724 asylum seekers in direct provision, comprising 4,014 adults and 1,710 children. The cost of that direct provision in 2006 was €78.7 million. As I said on Committee Stage in the Dáil, I am anxious to do everything we can to ensure that no child in our jurisdiction is in any way deprived of support. Asylum seekers are directly provided for. That direct provision is designed to support child and adult asylum seekers. The others who are here come under the scope of the habitual residence legislation and only 10% of those who required examination under that provision were disallowed between May 2004 and January 2007. The number of child benefit claims that required examination under the habitual residence condition was 16,092. I am satisfied the balance is right between extending the benefits of our welfare system to as many people as require it and protecting the Irish taxpayer in so far as possible. It always will be a case of balance, but given that, unlike most other countries, we opened our country in 2004, it is certainly a policy we are duty bound to pursue.

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