Leo Varadkar (Dublin West, Fine Gael)
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Question 86: To ask the Minister for Social and Family Affairs the position in relation to the review process regarding new guidelines which was to be completed by 10 March 2008 on people returning to Ireland having being born here and other EU citizens coming to Ireland to seek the same social welfare benefits; and if he will make a statement on the matter. [12132/08]

Martin Cullen (Waterford, 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 1 May 2004. The reason for the introduction of the habitual residence condition was to ensure that persons who have not worked in Ireland or who have not established habitual residence in Ireland cannot avail of assistance schemes or child benefit. The restriction is not based on citizenship, nationality or any other factor. 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.

These grounds are now specified in Section 30 of the Social Welfare and Pensions Act 2007. 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.

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

The operation of the condition was reviewed by my Department in 2006 and the report of the Review was published on 1st February 2007. The full content of the Review may be accessed on the Department's website www.welfare.ie. The process undertaken to amend the existing guidelines, in the light of the report of the Review is now in its final stages.