Seán Sherlock (Cork East, Labour)
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Question 102: To ask the Minister for Social and Family Affairs when she proposes to introduce new guidelines for the habitual residence rule in view of the inconsistencies identified in decision making by the social welfare appeals office. [18606/08]

Mary Hanafin (Dún Laoghaire, 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. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland.

Under Social Welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers. 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. Decisions in relation to Supplementary Welfare Allowance are made by Community Welfare Officers in the Health Service Executive (HSE).

Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent Social Welfare Appeals Office.

While decisions to the effect that applicants satisfy the habitual residence condition (HRC) can be made in the vast majority (over 90%) of cases at claim acceptance stage on the basis of answers given on the primary claim forms, complex cases are examined in more detail. Claims involving complex HRC issues are assessed and decided in all scheme areas within my Department by a small number of deciding officers who are experienced and fully familiar with the issues involved for each scheme in regard to HRC.

Arising from a review of the operation of the habitual residence condition which was carried out in 2006 revised and expanded guidelines for claims decisions staff on the application of HRC have been prepared in consultation with management in the various scheme areas.

The guidelines will be issued in the immediate future and will be made available to all relevant staff and published on the Department's website www.welfare.ie. Prior to the publication of the guidelines, and as an additional support, training and/or briefings will be provided as appropriate to decisions staff within my Department and within the Health Service Executive. The revised guidelines place particular emphasis on the need for consistency. Deciding Officers will be advised to have regard to any previous HRC determinations in respect of the same applicant and will also establish whether the same factors continue to apply, and will take account of the latest relevant evidence and information.

I am satisfied that this arrangement contributes greatly to accuracy and consistency in the decision-making process.