Jack Wall (Kildare South, Labour)
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Question 76: To ask the Minister for Social and Family Affairs his views on claims by the Migrant Rights Centre that restrictions on welfare benefits for non-Irish citizens are placing migrant workers at risk of poverty and homelessness; and if he will make a statement on the matter. [5897/05]

John Gormley (Dublin South East, Green Party)
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Question 93: To ask the Minister for Social and Family Affairs his views on the opinion of the Migrant Rights Centre that migrant workers run a large risk of poverty due to social welfare restrictions. [6075/05]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 76 and 93 together.

Migrant workers qualify for social insurance benefits in respect of the unexpired part of their work permits if they satisfy the normal qualifying contribution conditions. Migrant workers may also satisfy the habitual residence condition for receipt of social assistance payments and child benefit.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004.

The basis for the restriction contained in the new rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor.

The effect of the restriction is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland. 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 grounds for assessing individual claims.

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.

People whose claims are rejected on ground of habitual residency are offered repatriation by the Department of Justice, Equality and Law Reform and may have their basic needs met by that Department while awaiting return to their country of origin.

The Migrant Rights Centre Ireland has recently made a submission to my Department setting out its views on how the operation of the habitual residence condition impacts on migrant workers and their families. While the submission claims that the habitual residence condition is causing undue hardship and in effect placing vulnerable people's lives and safety at risk, it does not provide any examples of such cases. However, I have asked my officials to consider the general issues raised and respond to the centre.

My officials are also carrying out a review of the operation of the condition, taking account of the issues which have come to light since its introduction. Any specific matters raised by the Migrant Rights Centre will be taken on board in that context.