Eamon Ryan (Dublin South, Green Party)
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Question 49: To ask the Minister for Social and Family Affairs his views on recent decisions by the European Commission on welfare payments to migrant workers and on their impact on the management of migrant labour within his Department. [17692/06]

Séamus Brennan (Dublin South, Fianna Fail)
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I understand that the Deputy's question relates to a recent newspaper article in relation to the operation of the habitual residence condition. I should clarify that there was no decision by the European Commission at that time concerning the habitual residence condition. However, 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 their own, or become unable to work through illness, is entitled to claim supplementary welfare allowance.

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 1st 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.

In December 2004 the EU Commission wrote to the Government raising a number of issues concerning the compliance of the habitual residence condition with EU law in relation to workers and their families. The formal process of the Commission's examination of the matter has recently been completed and the Commission is satisfied that Ireland is fully compliant with the ECJ case law in applying the habitual residence condition.

While the management of migrant labour is primarily a matter for my colleague the Minister for Enterprise, Trade and Employment, the Deputy may wish to note that there has been no significant change in the numbers of EU nationals claiming supplementary welfare allowance or rent allowance since November last.