Written answers
Tuesday, 9 November 2010
Department of Social and Family Affairs
Social Welfare Code
9:00 am
Richard Bruton (Dublin North Central, Fine Gael)
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Question 317: To ask the Minister for Social Protection if his attention has been drawn to the problems for Irish citizens returning home due to the application of the habitual residence rule and the steps he will take to ensure that such citizens are not excluded from income support [41436/10]
Éamon Ó Cuív (Galway West, Fianna Fail)
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The habitual residence condition was introduced in order to ensure that a person, who has had no attachment to the work force since arrival in Ireland and whose habitual residence is elsewhere, would not be entitled to payment under certain exchequer-funded schemes on arrival in Ireland.
Decisions concerning habitual residence are subject to five factors which have been laid down by the European Court of Justice, and which are now incorporated into our domestic social welfare legislation. The five 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.
There is currently no discrimination on grounds of nationality in social welfare legislation and to introduce such a provision would be contrary to the equality principles that Ireland has adopted in our own equality legislation, and that we are obliged to respect by virtue of other international conventions.
Irish nationals returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the Habitual Residence Condition.
Mr D
Posted on 24 Nov 2010 1:43 pm (Report this comment)
I wish to refer to Eamon O Cuiv' statement that "Irish Nationals returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the Habitual Residence Condition" as this is untrue.
The rules governing the criteria for habitual residency are extremely ambiguous and can therefore enable discrepancies and errors of judgement to occur by deciding officers. Consequently this leads to further hardship by applicants seeking assistance.
I fail to understand how the Department for Social Protection can confirm a person meets the criteria and therefore is entitled to claim Child Allowance whilst the HSE refuses the same person on the grounds that they "do not meet with the habitual residency conditions" based upon same information being given together with accompanying supporting documentation. It just does not make sense.
I am an Irish National and recently returned to Ireland with my family (4 young children) after spending a number of years in the UK. My job unfortunately fell through and I had to therefore make a claim for Jobseekers Benefit (based on my UK contributions to which I am entitled). I have been waiting 15 weeks for this to be processed and I am solely surviving on Child Allowance as the HSE have advised that I do not meet the habitual residency criteria and cannot therefore receive any supplementary welfare to help me get by until my Jobseekers Benefit comes through. I am currently appealing this decision but have been advised that this could take several months.
I have used up all my savings (this partly went on school uniforms and school books), maxed out my credit card and have borrowed from family and friends to help meet with rent and general daily living expenses but I feel completely dejected as my situation is now desperate and no-one appears to care. I have been advised that I should receive my Jobseekers Benefit soon (backdated to August) but I am not holding my breath although I am relying on this to pay rent, clear some debts and provide my children with Christmas presents.
My children are settled in their new schools, have made friends and are happy to be here in Ireland and I have tried to protect them from the severity of the situation however it is a ridiculous length of time to wait for my Benefit to be processed and I cannot bear to think of the alternative if it does not come through soon.