Joe Costello (Dublin Central, Labour)
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Question 10: To ask the Minister for Social and Family Affairs the position with regard to his discussions with the European Commission regarding the Government's implementation of the two-year habitual residence requirement in regard to qualification for social welfare benefits; if any changes to the requirement have been introduced or are planned; and if he will make a statement on the matter. [4704/06]

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. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the new EU member states without the transitional limitations which were being imposed at that time by many of the other member states. The effect of the condition is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland, regardless of citizenship, nationality, immigration status or any other factor.

The EU Commission wrote to the Government on 22 December 2004 raising a number of issues concerning its compliance with EU law in relation to workers and their families. Officials from my Department and the Attorney-General's office met Commission officials on 15 May last to discuss the issues raised and explained that the operation of the new condition was fully in line with the criteria set out in European Court of Justice case law. These are: the length and continuity of residence in a particular country; the length and purpose of absence from Ireland; the nature and pattern of the employment; the applicant's main centre of interest; and the future intention of the applicant concerned as it appears from all the circumstances.

In addition, full consideration is given in the decision-making process to the requirements of EU legislation regarding free movement of workers within the European economic area. Rules which apply to migrant workers, that is persons who have taken up employment in Ireland following their arrival here, are strictly observed.

A formal response by the EU Commission to the points made is still awaited. It is expected that the Commission's examination of the matter will be concluded shortly.

In November 2005, a clarification was issued to community welfare officers explaining that supplementary welfare allowance is considered under EU legislation to be a social advantage and must therefore be subject to the principles of equal treatment to all EU workers regardless of nationality. Any EU worker who suffers loss of income because he or she has lost employment through no fault of his or her own, or becomes unable to work through illness, is entitled to claim supplementary welfare allowance. This is the only development affecting the application of the condition since I last commented on this question in this House.

The requirement to be habitually resident in this country has been and continues to be monitored constantly by my Department, and a full review of its operation is presently being finalised.