Bernard Durkan (Kildare North, Fine Gael)
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Question 154: To ask the Minister for Social and Family Affairs if a person (details supplied) in County Kildare qualifies under the habitual residency clause in view of the fact that their partner resided here for three and a half years; and if he will make a statement on the matter. [34786/07]

Martin Cullen (Waterford, Fianna Fail)
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In order to qualify for a range of Social Welfare payments, including Child Benefit, applicants are required to satisfy the Habitual Residence condition (HRC), which was introduced on 1st May 2004. Since 1st January 2007, when Romania and Bulgaria joined the EU, nationals of those countries, who were not previously registered with the Department of Justice, Equality & Law Reform, are required to have a Work Permit issued by the Department of Enterprise, Trade & Employment in order to be legally employed in Ireland.

The person referred to has indicated that she worked illegally since her arrival in Ireland in June 2006 until her child was born in July 2007. She has never had a work permit and does not appear to have been registered with the Dept of Justice prior to January 1st 2007.

She has a partner who is also a Romanian national. He claims to have been resident in Ireland since September 2004 per information supplied by the claimant with the Child Benefit application. She also indicates that he had been working illegally in Ireland until December 2006, but is not currently employed due to an incapacity. He has never had a work permit and does not appear to have been registered with the Dept of Justice prior to January 1st 2007.

The Child Benefit application has been refused as the Deciding Officer, having considered all the circumstances, does not consider that the person concerned can be considered to satisfy the HRC condition at this time. The person concerned was notified of the decision in writing on 14th September 2007 and given the right of appeal. There is no record of receipt of an appeal to date.