Phil Prendergast (Labour)

This section amends section 246 of the principal Act and under this section, social welfare claimants must meet a habitual residence condition in order to qualify for benefits. The Department of Social and Family Affairs has argued that these criteria ruled out all asylum seekers, but in a series of cases taken by FLAC over the last two years, the chief social welfare appeals officer held that where asylum seekers had been to the country for a significant period of time, had established connections here, had children born here and attending school, or had other family members here and clearly intended that they would stay here if they could, then they could qualify under the habitual residence condition. The cases especially involved child benefit, but also the carer's allowance, disability allowance and the State pension.

Five decisions were made on 3 and 4 December. As a result of these decisions, the Minister has introduced this section. It states that persons who have applied for asylum or protection under the EU protection directive and who are still in that process cannot meet the habitual residence condition, thus effectively overturning the chief social welfare appeals officer's decision that such cases had to be assessed on their individual merits and excluding a whole class of people, regardless of their individual circumstances. Does the Minister agree that this is discrimination? Will she make a statement on it?