Séamus Brennan (Dublin South, Fianna Fail)
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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 determination is dealt with in its own right and a decision is based on application of the guidelines to the particular 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.

The condition is being operated in a very careful manner to ensure that Ireland's social welfare system is not open to everyone who is newly arrived in Ireland, while at the same time ensuring that people whose cases are appropriate to the Irish social welfare system have access to the system when they need it.

My officials are completing a review of the operation of the habitual residence condition. This review is taking account of the issues that have come to light since the condition came in to effect in May 2004 and representations received from various groups and organisations who have an interest in this area.