Denis O'Donovan (Cork South West, Fianna Fail)
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Question 342: To ask the Minister for Social and Family Affairs the reason Irish citizens, who were forced to work abroad for over a two-year period, have to fulfil the habitual residence condition to qualify for social welfare payment on their return here; the reason it is taking up to six months for a decision to be made on whether a person is habitually resident in the common travel area; the reason persons who have been resident in the common travel area over a two-year period still have to wait for a decision from the habitual residency section; and if he will make a statement on the matter. [12277/05]

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 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. An applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office. While decisions to the effect that applicants satisfy the habitual residence condition can be made in the vast majority of cases at claim acceptance stage the remaining complex cases are referred to a central unit based in Dublin. Delays have occurred in issuing decisions in respect of some cases referred to the central unit. This is being examined and efforts are being made to speed up the decision making process.

The common travel area is Ireland, Great Britain, the Channel Islands and the Isle of Man. Persons who have lived in other parts of the common travel area for two years or more and then move to Ireland with the intention of settling here are quite likely to satisfy the habitual residence condition. Under existing administrative arrangements, claims received from applicants who previously lived in parts of the common travel area other than Ireland are referred to the central unit. Such applicants are required to provide documentary proof that they have lived in other parts of the common travel area and failure to do so when making their social assistance or child benefit claims can lead to delays in decisions issuing to them.

Decisions on the habitual residence condition in the cases of applicants for supplementary welfare allowance are made locally by community welfare officers. An applicant who disagrees with a decision made in this instance can also appeal the decision through an appeals system within the appropriate Health Service Executive region.