Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 70: To ask the Minister for Social and Family Affairs the guidelines for assessing a person under the habitual residence condition; and if she will make a statement on the matter. [31864/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Department of Social and Family Affairs publishes on its website all the guidelines that are provided to its deciding officers for determining questions of entitlement to payment.

The guidelines relating to the habitual residence condition are published at: http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres.aspx

The guidelines quote the relevant legislation and include a detailed discussion of the factors that should be taken into consideration in determining whether the condition is satisfied or not. They also explain how the condition applies to certain categories of migrant workers, the main Immigration Stamps currently used by the Department of Justice, Equality and Law Reform, and the relevant provisions of the EU Regulations that apply to workers moving between Member States of the EU. Similar guidelines for Community Welfare Officers regarding the application of the habitual residence condition to supplementary welfare allowance (SWA) are published at: http://www.welfare.ie/EN/OperationalGuidelines/Pages/swa_habres.aspx

These contain additional information regarding the application of the EU Regulations to SWA claims. I am arranging for a copy of both guidelines to be sent to the Deputy.