Jan O'Sullivan (Limerick East, Labour)
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Question 132: To ask the Minister for Social and Family Affairs if he has reviewed the habitual residence condition; if he has considered the hardship this condition has caused in many cases in recent times; and if he will make a statement on the matter. [11848/05]

Shane McEntee (Meath, Fine Gael)
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Question 141: To ask the Minister for Social and Family Affairs when the review of the habitual residence condition will be finished; and if he will make a statement on the matter. [11925/05]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 132 and 141 together.

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.

The habitual residence condition is being operated in a 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.

Arrangements are being made to review the operation of the condition. This review will take account of the issues that have come to light since the condition came into effect in May 2004, and views received from the EU Commission and from various groups and organisations who have an interest in this area. I expect the review to be completed later this year.