Mary Upton (Dublin South Central, Labour)
Link to this: Individually | In context

Question 139: To ask the Minister for Social and Family Affairs if he is satisfied that the high number of Irish nationals who have been refused a social welfare payment under the habitual residency rule continues to be warranted; and the basis on which he is making this judgment. [32208/07]

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

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.

The basis for the restriction is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor. The question of what is a person's "habitual residence" has been decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims.

These grounds are now specified in Section 30 of the Social Welfare and Pensions Act 2007. 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 at local level throughout the country. Complex cases that require detailed consideration are sent to a central section in Dublin or are examined in more detail in the scheme areas.

For the period from 1 May 2004 to 31 October 2007, the number of applications decided in respect of Irish citizens was 15,788, of which 1,629 (10%) 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 legislation and guidelines to the particular individual circumstances of each case. Any applicant who disagrees with a decision has the right to appeal to the Social Welfare Appeals Office.

EU legislation prohibits discrimination between nationals of EU Member States in the context of freedom of movement of workers and their access to social security or social assistance entitlements. Therefore national legislation must not differentiate between Irish nationals and other EU nationals in the application of the habitual residence legislation.

However, Irish nationals returning to live here on a permanent basis should experience no difficulty in meeting the requirements of the Habitual Residence Condition.

Amongst the factors governing a decision in this matter are an assessment of the claimant's main centre of interest and future intentions as it appears from all the circumstances.

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 persons whose cases are appropriate to the system have access to it when they need it.

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 in Ireland should not avail of assistance schemes or child benefit. The operation of the condition was reviewed by my Department in 2006 and it is not intended to introduce any changes to the current policy in this regard as the original reason for the policy is still valid. The review recommendations relate in the main to increasing the efficiency of administrative procedures concerned with the application of the Habitual Residence Condition.