Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 105: To ask the Minister for Social and Family Affairs if he will restore child benefit to the children of asylum seekers and those awaiting a residency decision. [32306/07]

Martin Cullen (Waterford, Fianna Fail)
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Child benefit may be paid in respect of every child under the age of 16 years, who is ordinarily resident in the State. Payment can be extended to the 19th birthday if the child is in education, or incapable of self-support. The benefit is paid to the qualified person with whom the child resides and the qualified person must satisfy the Habitual Residence Condition.

The purpose of the Habitual Residence Condition (HRC), introduced in May 2004, is to allow access to our social welfare schemes to people who are genuinely and lawfully making Ireland their habitual residence, while preventing unwarranted access by persons who have little or no connection with the State.

Persons without a right to residency in Ireland, such as Asylum seekers and those awaiting a residency decision are not considered to be habitually resident in the state. Amongst the factors considered in deciding if a person is habitually resident are a person's future intentions to live in the country.

If a person has not yet received permission to reside in Ireland, they are not considered to be able to establish their future intentions to live in the country.

Those who do not satisfy the HRC condition because they are in the asylum process have direct provision available to them; in certain cases they may also avail of exceptional needs payments from the local Health Board for the period that their asylum application is being processed, and in this manner the rights and welfare of the child is protected. As soon as refugee status or right to remain is granted to such persons, they are accepted as habitually resident and they therefore are entitled to child benefit in respect of their qualifying children.

The operation of the habitual residence condition in my Department continues to be monitored on an ongoing basis. The rationale behind 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. As a result there is no proposal to change the current arrangements.