Jan O'Sullivan (Limerick East, Labour)
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Question 143: 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. [11847/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The Migrant Rights Centre Ireland made a submission to my Department in February 2005 setting out its views on how the operation of the habitual residence condition impacts on migrant workers and their families.

While the submission claimed that the habitual residence condition is causing undue hardship and in effect placing vulnerable people's lives and safety at risk it did not provide any examples of such cases. However, I asked my officials to consider the general issues raised and to respond. A reply issued on the 4 March 2005 and my Department has since met Migrant Rights Centre Ireland and other groups to consider these issues. I regard these contacts as important and I intend to keep this matter under review so that appropriate arrangements are in place to ensure that migrant workers are not at risk of poverty or homelessness.

In the meantime, the position is that 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.

The application of the habitual residence condition has to be compatible with EU law and other international and national legal obligations and it is not possible, in applying the condition, to discriminate in favour of any particular group or nationality.

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.