Seán Sherlock (Cork East, Labour)
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Question 371: To ask the Minister for Social Protection if he will clarify the evidence a person must provide to satisfy departmental requirements regarding habitual residence; and if he will make a statement on the matter. [22839/10]

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.

If the person is not an Irish or UK national, the first requirement is that they must show that they have a right of residence in the State. In the case of non-EEA nationals this will be evidenced by their visa or other official form of residence permission. In the case of EEA nationals, the duration of their right of residence may be restricted if they are not self-supporting, if they have not been employed since arrival here, or if their employment lasted less than 1 year and they have been unable to obtain further employment during the following 6 months.

Where the right of residence exists, the deciding officer will consider all the circumstances of the case, including five specified factors which have been derived from European Court of Justice case law and are set out in subsection (4) of Section 246. 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.

The evidence required to show that the person satisfies the habitual residence condition, taking the above factors into consideration, will vary according to the particular circumstances of each case. The application forms for the relevant payments include questions which assist in identifying the cases which require particular examination of this condition. Each claim is checked to see if sufficient information has been given on the initial claim form to determine whether the condition is satisfied. If necessary a more detailed enquiry form is given to the claimant to obtain further information.

These forms indicate the basic types of evidence required to support the answers given which will depend on the circumstances of the case, and may include details of their residence permit or renewal application, work permit, immigration documents, etc. Other evidence sought may include details of a spouse or partner's PPS number and employment where relevant.

A full disclosure of all the relevant details in completion of these forms will enable the correct decision to be given in each case.