Written answers

Thursday, 1 December 2005

Department of Social and Family Affairs

Social Welfare Code

5:00 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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Question 22: To ask the Minister for Social and Family Affairs if he has made changes to the habitual residency condition; if he will outline the changes; and if he will make a statement on the matter. [37284/05]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 23: To ask the Minister for Social and Family Affairs if the review of the habitual residency condition has been finished; if he has received a copy of the review; if he will publish same; and if he will make a statement on the matter. [37285/05]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 90: To ask the Minister for Social and Family Affairs if his Department is on target to complete the review of the habitual residence condition by the end of 2005; and if he will make a statement on the matter. [37277/05]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 99: To ask the Minister for Social and Family Affairs his views on abolishing the habitual residence condition; and if he will make a statement on the matter. [37278/05]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 22, 23, 90 and 99 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 rules is the applicant's habitual residence. The effect 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 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 protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it.

From 5 May 2005, the one parent family payment and orphan's non-contributory pension schemes were classified as family benefits under EU law — Regulations 1408/71. In effect this means that the habitual residence condition is no longer applied to claims for these schemes made by EEA workers who are employed or self-employed in the State and subject to Irish PRSI.

The operation of the habitual residence condition has been monitored constantly by my Department since its introduction. A comprehensive review of the operation of the condition is being carried out with a view to assessing its impact on different categories of persons claiming social assistance-child benefit and supplementary welfare allowance payments; assessing the current organisational arrangements in the Department for administering the condition and the service provided to customers; identifying opportunities for improvements to the administration of the scheme, including those aspects involving other Departments; examining all aspects of the decision making process; and identifying emerging policy issues and considering how they should be addressed.

Account is being taken of the views received from various groups and organisations which have an interest in the area. I have no plans to abolish the habitual residence condition at this time.

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