Finian McGrath (Dublin North Central, Independent)
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Question 196: To ask the Minister for Social Protection if he will respond to a query (details supplied). [40847/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The question asked relates to the impact of the habitual residence condition on returning Irish emigrants. 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."

The information sought from an applicant who has returned to the State will therefore include such elements as: how long they were previously resident here, why they left, how long they lived in various countries abroad and why they lived there, why they have returned, and whether they own property in Ireland or abroad. It is generally found that this information is sufficient to enable the deciding officer to determine whether their present circumstances in Ireland indicate a temporary visit or habitual residence.

Finian McGrath (Dublin North Central, Independent)
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Question 197: To ask the Minister for Social Protection if the invalidity pension will be cut in the next budget. [40851/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Social welfare expenditure for 2011, including expenditure on invalidity pension payments, will be considered in the context of the forthcoming Budget, having regard both to needs and to the resources available to meet those needs. In an uncertain economic environment, my priority will be to ensure that the Government strategy to stabilise the financial position is advanced and to protect those most in need in a manner which is sustainable in the years ahead.