Michael D Higgins (Galway West, Labour)
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Question 60: To ask the Minister for Social and Family Affairs the number of Irish nationals who have been refused social welfare payments under the two year habitual residence requirement introduced in 2004; the number of persons, other than Irish nationals who have had payments refused on the same grounds; his plans to review or relax the restriction; and if he will make a statement on the matter. [15194/07]

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 of May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States without the transitional limitations which were imposed at that time by most of the other Member states. 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.

Decisions to the effect that applicants satisfy the habitual residence condition are made in the majority of cases at claim acceptance stage by Deciding Officers. Statistics are not maintained on cases where the decision is positive. Complex cases that require detailed consideration are examined in dedicated units established for that purpose. For the period from 1 May 2004 to 28 February 2007, the number of these complex cases decided was 48,578. The number of applications decided in respect of Irish citizens was 12,454, of which 1,288 (10%) were disallowed. The number of cases decided in respect of persons other than Irish nationals was 36,124 of which 10,459 (29%) were disallowed.

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 the 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.

A person who fails to satisfy the habitual residence condition and is suffering financial hardship may apply to the Health Service Executive for an Emergency Needs Payment under the supplementary welfare allowance scheme. Such payments are not subject to the habitual residence condition. In certain circumstances persons who do not have any means of support may also be assisted to travel back to their home country by the Reception and Integration Agency.

Nationals of the European Economic Area (EEA) who take up employment in the State are protected under the EU Regulations governing social security for migrant workers. Migrant workers from outside the EEA qualify for social insurance benefits in respect of the unexpired part of their work permits if they satisfy the normal qualifying conditions. The habitual residence condition does not apply in these cases. Such workers may also satisfy the habitual residence condition for receipt of social assistance payments and child benefit.

The reason for the introduction of the habitual residence condition in May 2004 was to ensure that persons who have not worked in Ireland or who have not established habitual residence should not avail of assistance schemes or child benefit. The operation of the condition was reviewed by my Department in 2006. Following the review the operational guidelines for the scheme are being revised to ensure consistency in the application of the condition and to take account of the variety of individual situations which can arise.

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. I have no plans to introduce any changes to the current policy at this time.

Question No. 61 answered with QuestionNo. 50.