David Stanton (Cork East, Fine Gael)
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Question 393: To ask the Minister for Social and Family Affairs if his Department has conducted a study into the impact of the non-payment of child benefit to children of asylum seekers as a result of the habitual residence condition; the number of children who are not receiving child benefit as a result of this condition; his plans to allow payment of child benefit to these children; and if he will make a statement on the matter. [3700/07]

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 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. The effect of the condition is that a person whose habitual residence is elsewhere is not paid social welfare payments on arrival in Ireland.

EU Regulations provide that migrant workers who are EEA nationals, i.e. EEA nationals who have been employed since coming to this country, are entitled to payment of family benefits under the same conditions as Irish nationals and the habitual residence condition does not apply in their case. Approximately 1550 claims to Child Benefit for some 2200 children have been refused since May 2004 as the applicant did not satisfy the habitual residence condition, while more than 13,000 claims were successful during the same period. Those who are refused are mainly persons whose claim to asylum has not yet been finalised, who do not have a work permit or who have a minimal attachment to the workforce in Ireland.

Asylum seekers are provided with direct provision accommodation and can also avail of exceptional needs payments from the local Health Board for the period that their asylum application is being processed and as a result it is considered that their welfare and that of their children is provided for.

The operation of the habitual residence condition in my Department continues to be monitored on an ongoing basis. The reason for the introduction of the HRC in May 2004 — to ensure that persons who have not worked in Ireland or who have not established their habitual residence in Ireland should not avail of assistance schemes or child benefit — continues to be relevant.