Bernard Durkan (Kildare North, Fine Gael)
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Question 269: To ask the Minister for Social Protection further to Parliamentary Question No. 287 of 27 April 2010, if habitual residence grounds is part of a bilateral arrangement with the UK or US or other EU member states whereby applicants who satisfy this clause are otherwise deprived of payment on centre of interest grounds; the extent to which reference is made to such in any bilateral arrangements; if interim measures have been put in place to meet the requirements of persons suffering hardship as a result; and if he will make a statement on the matter. [18800/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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A claimant for any of the following social welfare payments must satisfy the habitual residence condition: 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), domiciliary care allowance and child benefit.

The bilateral agreements on social security between Ireland and other countries apply only to contributory pensions and (in the case of the agreement with the United Kingdom ) certain other contributory benefits. Therefore none of the schemes to which the habitual residence condition applies come within the scope of these agreements.

Arrangements for coordination of social security for employed and self-employed persons moving between EU/EEA Member States are governed by EU Regulations. These EU Regulations provide that special non-contributory cash benefits (such as jobseeker's allowance, disability allowance, etc.) are payable only under the legislation of the country of habitual residence. While, under the Regulations, there are some special rules for Child Benefit and for Supplementary Welfare Allowance, these only apply in the case of people who have established an attachment to the workforce in Ireland. I understand that the person concerned in this case has not worked here.

The determination of a person's habitual residence is made in accordance with Section 246 of the Social Welfare Consolidation Act 2005 (as amended) which directs the deciding officer to consider all the circumstances of the case, including five specified factors which have been derived from European Court of Justice case law. These 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.

Supplementary welfare allowance payments under the urgent needs or exceptional needs provisions have never been subject to the habitual residence condition. I have no plans to introduce any further exceptions to the habitual residence condition, as the purpose of introducing this condition in the first place was to ensure that a person whose habitual residence is elsewhere or who has had no attachment, or insignificant attachment, to the work force since arrival in Ireland, does not receive ongoing support from the social welfare system.