Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I do not propose to accept the amendment but I get what the Senator is saying. People coming from abroad are not excluded from applying for carer's allowance if they meet the habitual residency condition. It applies across the board. It is a requirement for eligibility for means-tested social assistance payments and child benefits. It is aimed at restricting access to such payments by people who have little or no established connection with Ireland. The habitual residency clause is provided for in Irish social welfare legislation and is in accordance with EU legislation and European Court of Justice jurisprudence. The habitual residency clause applies regardless of nationality or ethnicity. When determining whether a person is habitually resident in the State for social protection purposes, all circumstances of the case are considered, including whether the person has the right to reside here and five factors, which are the length and continuity of the person's residence in the State or any other country, the length and purpose of any absence by the person from the State, the nature and pattern of the person's employment, the person's main centre of interest, and the future intentions of the person as they appear from all the circumstances. Each case is dealt with on an individual basis. The legislative provisions with respect to habitual residency apply to child benefit and to the range of means-tested social assistance schemes operated by the Department. It is in place in accordance with EU legislation and the European Court of Justice's jurisprudence.