David Stanton (Cork East, Fine Gael)
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Question 17: To ask the Minister for Social and Family Affairs his views on the situation whereby migrant workers from the accession states and other countries, who come here to take up employment, do not qualify for any State support if they have not been employed here for more than two years; and if he will make a statement on the matter. [18062/05]

Séamus Brennan (Dublin South, Fianna Fail)
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From 1 May 2004, the requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and for child benefit. 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 the application of the guidelines to the individual's circumstances. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

Information held in my Department shows that the majority of migrant workers who came here took up employment and did not make social welfare claims. This is particularly true of those coming from the new member states of the EU. Migrant workers who become unemployed or ill will be entitled to claim unemployment benefit or disability benefit if they satisfy the social insurance contributions for such schemes. In the case of nationals of countries that require work permits, payment will only be made in respect of the unexpired part of their work permit.

It is possible for migrant workers who have been here for less than two years to satisfy the habitual residence condition for unemployment assistance purposes if it is deemed that their centre of interest is in the State. Again in work permit cases, payment of assistance would only be made in respect of the unexpired part of the work permit.

The operation of the habitual residence condition has been kept under review by officials of my Department since its introduction. The purpose of the review is to assess the impact of the condition on different categories of claimants, the organisational arrangements and the level of service provided to customers, and to identify opportunities for improvements in the administration of the scheme. The ongoing review enables my officials to identify emerging policy issues and to consider how these should be addressed.

Account is being taken of the views received from various groups and organisations who have an interest in the area. I expect to be in a position to draw conclusions from the review by the end of the year.