Written answers

Thursday, 15 October 2009

Department of Social and Family Affairs

Social Welfare Benefits

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 213: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Longford has been refused child benefit; and if she will make a statement on the matter. [36471/09]

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). This condition 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 be employed in Ireland, they are required to have a work permit. The person concerned does not have such a permit.

The Child Benefit application was refused on 18th May 2009 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 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 18th May 2009 and given the right of appeal.

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