Jack Wall (Kildare South, Labour)
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Question 60: To ask the Minister for Social Protection his plans to update guidelines regarding the habitual residency rule to ensure a consistent approach by all deciding officers and his further plans to amend the habitual residency rule to provide greater weight to the length of previous residency by the applicant. [40045/10]

Paul Kehoe (Wexford, Fine Gael)
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Question 69: To ask the Minister for Social Protection the reason increasing numbers of returning emigrants who declare their intention to stay, have family ties and produce evidence of disconnection with their previous place of residence are being refused social welfare benefits on the basis of the habitual residence rule; the guidelines on which deciding officers are operating; and if he will make a statement on the matter. [40011/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I propose to take Questions Nos. 60 and 69 together.

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 regarding determination of habitual residence 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."

These guidelines are currently being revised with a view to making them more user-friendly for deciding officers and customers alike. All issues that have been raised recently by Deputies and interested groups are being fully considered in this process.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The One-Parent Family Payment, by its nature, is not payable where the lone parent is cohabiting with the other parent of the child or with someone else as husband and wife. The Government discussion paper, "Proposals for Supporting Lone Parents", which was published in 2006, proposed that the category of lone parenthood would be abolished. Instead, a parental allowance would be made to all parents (living alone or with a partner) with young children on a low income, thus ending the cohabitation rule. It will not be possible for my Department to progress this aspect of the proposal due, in part, to the current economic climate. These proposals have, however, informed deliberations regarding the One-Parent Family Payment scheme.

The current duration of the One-Parent Family Payment, which is payable until the youngest child in a lone parent family reaches the age of 18 years – or 22 years if in full-time education – is not in the best interests of the recipient, their children or society. Social welfare supports for lone parents should be designed to:

¡ prevent long-term dependence on social welfare supports and facilitate

financial independence;

¡ recognise parental choice with regard to the care of young children but

with the expectation that parents will not remain outside of the labour

force indefinitely, and

¡ include an expectation of participation in education, training and

employment, with supports provided in this regard.

To meet these social policy objectives, my Department has introduced changes to the One-Parent Family Payment in the Social Welfare (Miscellaneous Provisions) Act, 2010. For new customers, from April 2011, the One-Parent Family Payment will be paid until the youngest child in the family reaches the age of 14 years. For existing recipients of the payment, there will be a six-year phasing-out period to enable them to access education and training and to prepare them for their return to the labour market. Special provisions will be made for families with children for whom the Domiciliary Care Allowance is paid and for the recently bereaved (both married and cohabiting). These changes will bring Ireland's support for lone parents more in line with international provisions, where there is a general movement away from long-term and passive income support.