Kathleen Lynch (Cork North Central, Labour)
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Question 113: To ask the Minister for Social and Family Affairs his intentions to alter the criteria applying under the habitual residency condition. [5238/08]

Martin Cullen (Waterford, Fianna Fail)
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I have already described in my answer to Deputy Naughten's question the reasons for the introduction of the habitual residence condition and its application to carer's allowance, so I will confine this answer to its application in general and to other schemes.

The following schemes are subject to this condition:

Jobseeker's Allowance

State Pension (Non-Contributory)

Blind Person's Pension

Widow's and Widower's Non-Contributory Pension

Guardian's Payment (non-contributory)

One Parent Family Payment

Carer's Allowance

Supplementary Welfare Allowance

Disability Allowance, and

Child Benefit

Decisions concerning habitual residence are subject to five factors which have been laid down by the European Court of Justice, and which are now incorporated into our domestic social welfare legislation. The five factors are:

(a) the length and continuity of residence in the State or in any other particular country;

(b) the length and purpose of any absence from the State;

(c) the nature and pattern of the person's employment;

(d) the person's main centre of interest, and

(e) the future intentions of the person concerned as they appear from all the circumstances.

Between the introduction of the Habitual Residence Condition (HRC) in May 2004 and the end of 2007 about 65,000 claims (other than Supplementary Welfare Allowance) involving HRC issues from persons from over 150 countries have been examined by central units within my Department. Some 75% of these (over 48,000) satisfied the habitual residence condition.

Those who are refused an assistance or child benefit payment because they do not satisfy the habitual residence condition are mainly people whose claim to asylum has not yet been decided, others who have not obtained a work permit, or people who have had only a minimal or no attachment to the workforce since coming to Ireland. In the case of families who are in the asylum process, direct provision, funded by the Department of Justice Equality and Law Reform is available. I am satisfied that the habitual residence condition is achieving its intended purpose, allowing access to our social welfare schemes to persons 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.

Ruairi Quinn (Dublin South East, Labour)
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Question 115: To ask the Minister for Social and Family Affairs his plans to improve entitlement in relation to back-dated payments. [5243/08]

Martin Cullen (Waterford, Fianna Fail)
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The legislative provisions relating to late claims for social welfare benefits are set out in Section 241 of the Social Welfare Consolidation Act 2005, and in Regulations made under that section. These provisions set out the times within which a person must claim, the disqualifications which apply where a claim is made late, and the circumstances in which the time limits may be extended.

Since 1997 a number of improvements have been made to the provision relating to late claims for social welfare payments. For example, prior to 1997 arrears of state pension contributory claims were limited to either three months or six months before the date of claim. Regulations made in 2000 put on a statutory basis certain extra-statutory provisions that had applied in the case of late claims under certain schemes. All late claims are now determined in accordance with the legislation. The legislation also provides for payment to be made on foot of late claims in the case of a range of other schemes for a period of 6 months prior to the date of claim provided there was good cause for the late claim.

The legislation now also provides for relaxation of the restrictions on backdating late claims under all schemes apart from Unemployment Benefit, Unemployment Assistance and Supplementary Welfare Allowance, and for further payment to be made, up to the level of full retrospection where the circumstances would warrant it, where:

the delay was due to incorrect information having been given by my Department, or

illness or a force majeure prevented a person from claiming earlier or,

the person is dependent on the arrears of payment to relieve financial hardship. It is generally accepted that there is an obligation on people to claim their social welfare entitlements in time.

However, cases will inevitably arise where they fail to do so and the legislative provisions are designed to cater for such situations. I am satisfied that the current provisions strike a reasonable balance between, on the one hand the need to exercise supervision and control of claims and the requirements of sound financial management and control of public expenditure and, on the other hand, the need for appropriate recognition to be given to cases of genuine hardship or difficulty.