Written answers

Thursday, 23 October 2008

Department of Social and Family Affairs

Social Welfare Benefits

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 177: To ask the Minister for Social and Family Affairs the basis on which it was determined that child benefit was refused in the case of (persons' details) in County Kildare; and if she will make a statement on the matter. [36746/08]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, 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.

The HRC requires the applicant to satisfy the deciding officer that they meet certain conditions, including that their centre of interest is in Ireland and that their future intentions, as demonstrated, are to remain in Ireland. The legal right to undertake employment and be self supporting are considered by the deciding officer when the person's centre of interest and future intentions are being examined.

In order for Romanian nationals to work in Ireland, they are required to have a work permit; neither the person referred to nor her partner, both of whom are Romanian nationals, appear to have such a permit. Both the person referred to and her partner appear to have been in Ireland prior to Romania's accession to the EU in January 2007 but did not register with the Dept of Justice or have work permits for this period.

The person referred to, first made an application for Child Benefit in August 2007. This application was refused on 14th September 2007 as the Deciding Officer, having considered all the circumstances, did not consider that the person concerned satisfied the HR condition as her centre of interest and future intentions had not been clearly established due to her inability to work legally in Ireland, or alternatively to support herself independently.

The person concerned was notified of the decision in writing on 14th September 2007 and given the right of appeal.

A further Child Benefit application was received from the person concerned on 5th August 2008. This application has been refused as the Deciding Officer does not consider, after having all examined the circumstances, that the person concerned yet satisfied the HR condition as her centre of interest and future intentions have not been clearly established due to her inability to work legally in Ireland, or alternatively to support herself independently.

The person concerned was notified of the decision in writing on 7th October 2008 and of her right to appeal the decision.

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