Michael D Higgins (Galway West, Labour)
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Question 122: To ask the Minister for Social and Family Affairs the position regarding the social welfare entitlements of returned development workers, including missionaries, and in particular, the definition of habitual residence in this regard; and if he will make a statement on the matter. [6981/06]

Séamus Brennan (Dublin South, Fianna Fail)
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Since 1983 special arrangements for volunteer development workers have been provided for the award to them of credited social insurance contributions up to an aggregate of five years while they are outside the country on development activities. These credited contributions enable the persons concerned to qualify for short-term benefits on their return from their overseas development work and it supports their accrued entitlement towards long-term benefits.

In cases where the development worker has no previous paid PRSI contributions or no contributions paid or credited in the previous two contribution years, arrangements have been put in place whereby Development Co-operation Ireland pays PRSI contributions, to establish entitlement to short-term benefits for the volunteer workers. The credited contributions awarded to volunteer development workers are reckonable towards establishing entitlement to unemployment benefit, maternity benefit, disability benefit, health and safety benefit and treatment benefit.

Regarding entitlement to old age pension, the credited contributions are counted towards calculating the yearly average that determines the rate at which the pension is paid. Given the nature of overseas work, provisions are in place to relax certain qualifying conditions normally required for entitlement to these benefits. This includes entitlement to the maximum full rate of unemployment or disability benefit where otherwise a reduced rate would apply for a period and special arrangements for the certification normally required for maternity benefit.

The habitual residence condition, HRC, applies to means-tested assistance payments and child benefit only. In line with the case law of the European Court of Justice, the HRC condition tests the centre of interest of a person, the length and purpose of their absence, the length and continuity of residence, the nature and pattern of employment and their future intention as it appears from all the circumstances. The restriction is not based on citizenship, nationality, immigration status, occupation or any other factor.

In the absence of entitlement to a social insurance-based payment, people may qualify for an assistance-based payment once they meet the standard habitual residence criteria. The habitual residence condition would not normally be expected to affect missionaries or volunteer development workers who are returning to Ireland on a permanent basis.

Officials of the Department of Social and Family Affairs made a presentation to the Joint Committee on Foreign Affairs in November 2005 on pensions for missionaries. Following the presentation, a working group, which includes the Department of Social and Family Affairs, was established to examine issues relating to social protection coverage for missionaries, notably for pension coverage. I expect to have a report in the coming months.