Martin Ferris (Kerry North, Sinn Fein)
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Question 83: To ask the Minister for Social Protection if he will make changes to the habitual residency requirement for receipt of many social welfare payments which is acting as a barrier to many returned Irish persons from accessing the protections they need. [21616/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The determination of a person's habitual residence is made in accordance with Section 246 of the Social Welfare Consolidation Act 2005, as amended. Subsection (4) specifically directs the deciding officer to "take into consideration all the circumstances of the case, including, in particular, the following: (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."

These five specified factors have been derived from European Court of Justice case law which examined the concept of habitual residence in the context of social welfare benefits. The Department's guidelines go on to point out that "No single factor is conclusive. The evidential weight to be attributed to each factor will depend on the circumstances of each case. It is necessary to weigh up all the information and balance the evidence for and against an applicant satisfying the habitual residence condition".

The current guidelines address the issue of returning emigrants very specifically under the heading: Resuming previous residence. "A person who had previously been habitually resident in the State or within the Common Travel Area and who moved to live and work in another country and then resumes his/her permanent residence in the State may be regarded as being habitually resident immediately on his/her return to the State. In determining habitual residence in such cases the deciding officer should take account of

· purpose of return e.g. expiry of foreign residence permit

· the applicant's stated intentions

· verified arrangements which have been made in regard to returning on a long-term basis e.g. transfer of financial accounts and any other assets

· length and continuity of the previous residence in the State

· the record of employment or self employment in another State and

· whether s/he has maintained links with the previous residence and can be regarded as resuming his/her previous residence rather than starting a new period of residence."

I am satisfied that Irish nationals returning to live in Ireland on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the Habitual Residence Condition.

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 86: To ask the Minister for Social Protection if any changes have been made in the assessment of means related allowances to take into account situations arising from the collapse in the property market leading to a situation whereby, in many instances, properties cannot be sold at all and applicants without any means of support are being denied such allowances; and if he will make a statement on the matter. [21399/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Social welfare legislation provides that the yearly value of "property owned but not personally used or enjoyed" is assessable for means testing purposes. Such property includes houses and premises owned by a claimant which may or may not be put to commercial use. However, it does not include property such as the home or, for example, a premises used by the claimant in carrying out a business. No changes to the current arrangements have been introduced in recent years. However, comprehensive guidelines in relation to the assessment of property were issued to relevant staff in my Department in November last year.

For assessment purposes, the current market value of the property is established as well as the amount of any outstanding mortgages on that property. The balance (market value less outstanding mortgage) is assessed by reference to a formula. Where the current market value is less than the outstanding mortgage, no assessment is made. The current market value of a property is the best estimate of what would be achievable if the property was offered for sale. Such an estimate will have regard to reductions in prices over recent years.

In establishing the current market value of a property, my Department may make enquiry of the State Valuation Office. Alternatively, the market value may be established through receipt of a reasonable current valuation from a registered auctioneer, with reference to the purchase price and date of purchase of the property or, alternatively, the inspector may agree a valuation with a customer having regard to the type and location of the individual property and prevailing market values in that area. Where a claimant considers that a decision on his or her claim is based on a market value of a property which is too high, he or she may appeal that decision to the Social Welfare Appeals Office.