Róisín Shortall (Dublin North West, Labour)
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Question 199: To ask the Minister for Social Protection his plans, if any, to delete section 246 of the Social Welfare Consolidation Act 2005 or to otherwise change the two year rule in respect of the qualifying criteria for the habitual residency condition. [40689/10]

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. 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 purpose of this 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.

Determination of a person's habitual residence is made in accordance with Section 246 of the Social Welfare Consolidation Act 2005, as amended. I have been advised of the points made at the Joint Oireachtas Committee on Social Protection at their meeting on 27th October which examined this topic, particularly regarding the confusion in understanding the 2 year rebuttable presumption clause in subsection (1). My Department is examining the implications of amending the legislation in this regard.