Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 425: To ask the Minister for Social Protection his plans to review the habitual residency test; and if he will make a statement on the matter. [38517/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1st May 2004.

The purpose of the habitual residence condition is to safeguard the social welfare system from abuse by restricting access for people who are not economically active and who have little or no established connection with Ireland.

A person who does not satisfy the habitual residence condition is not eligible for specified social welfare payments, regardless of citizenship, nationality, immigration status or any other factor. The social welfare schemes concerned are 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 Department's guidelines are currently being reviewed with the intention of making these clearer and more user-friendly for deciding officers and customers alike. However, I do not propose to amend the legislative provisions regarding the habitual residence condition.