Written answers

Tuesday, 19 January 2010

Department of Social and Family Affairs

Social Welfare Code

9:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 93: To ask the Minister for Social and Family Affairs further to Parliamentary Question No 62 of 11 November 2009, if a final decision has been taken as to the appropriate response; and if she will make a statement on the matter. [1481/10]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The earlier question, to which Deputy Naughten makes reference, asked about "plans to review the habitual residence condition rules or the existing legislation in view of the recent decisions of the appeals office regarding cases by asylum seekers".

Section 15 of the Social Welfare and Pensions (No. 2) Act 2009, passed by this House on 15 December 2009, provided for an amendment to the habitual residence provisions to deal with this matter. The new provisions list those who have a legal right to reside in the State and those who do not have such a right, and state that those who do not have such a right shall not be regarded as habitually resident for the purposes of any claim for social welfare.

A deciding officer or appeals officer may not therefore rule that a person, who has been refused permission to remain in the State, or whose application has not yet been determined, satisfies the habitual residence condition. Where a decision is given granting permission to remain, the question of whether that person is habitually resident will be made in the light of the factors set out since 2007 in the Social Welfare Consolidation Act. The determination will be made with effect from the date that permission is granted, or from the date of application for the payment in question if the application was not lodged until after that date.

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