Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 161: To ask the Minister for Social and Family Affairs her plans to review the habitual residency condition rules in view of the recent decisions of the appeals office concerning cases by asylum seekers; and if she will make a statement on the matter. [34519/09]

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 175: To ask the Minister for Social and Family Affairs her plans to review the habitual residency condition rules; and if she will make a statement on the matter. [34518/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 161 and 175 together.

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 1st May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the new EU Member States without the limitations being imposed at that time by many of the other Member States.

A person who does not satisfy the habitual residence condition is not eligible for specified social welfare payments, regardless of citizenship, nationality, immigration status or any other factor.

The social welfare schemes concerned are Jobseeker's Allowance, One Parent Family Payment, Disability Allowance, Carer's Allowance, Widow/er's (Non Contributory) Pension, Guardian's Payment (Non Contributory), State Pension (Non Contributory), Blind Pension, Supplementary Welfare Allowance (except urgent or exceptional needs payments) and Child Benefit.

In view of the need to ensure that the operation of the new condition was fully in line with the criteria set out in European Court of Justice case law for determining habitual residence, the following factors were introduced into the Social Welfare Consolidation Act in 2007: o the length and continuity of residence in the State or in any other particular country; o the length and purpose of any absence from the State; o the nature and pattern of the person's employment; o the person's main centre of interest, and o the future intentions of the person concerned as they appear from all the circumstances. The Department of Social and Family Affairs is aware of the decisions of the Chief Appeals Officer in a very small number of specific cases, and is currently considering any implications of these decisions.

An internal review of the operational aspects of the habitual residence condition was completed by the Department in 2006 and copies were laid before the Oireachtas in February 2007.