Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 412: To ask the Minister for Social and Family Affairs if it is the case that the common travel area agreement has not been renewed and therefore a person is no longer granted credit for time spent living in the Six Counties for the purposes of the habitual residence condition; and if she will make a statement on the matter. [17688/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The habitual residence condition applies to all claimants for certain social welfare payments, regardless of nationality. Any person who makes a claim for jobseeker's allowance, child benefit, one parent family payment, disability allowance, State pension non-contributory, carer's allowance, widow's non-contributory, guardian's non-contributory payment, blind pension or supplementary welfare allowance must be habitually resident in the State. The freedom of movement within the Common Travel Area between Ireland and the United Kingdom is reflected in Section 246 of the Social Welfare Consolidation Act 2005 which provides that "it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of making the application concerned unless the person has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date". There has been no change in this provision since its introduction in 2004.

Decisions concerning habitual residence are subject to five factors which are incorporated into 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. Periods of residence in other parts of the Common Travel Area, including Northern Ireland, will be taken into account in considering the first of these factors, especially where it was immediately prior to the person moving to live in Ireland. However the person must also show evidence that their habitual residence, in the light of all the above factors, is currently in this State at the time that their claim for social assistance or child benefit is made.