Written answers

Tuesday, 23 November 2010

Department of Social and Family Affairs

Social Welfare Code

9:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 252: To ask the Minister for Social Protection his plans to reform or abolish the discriminatory habitual residency clause, the application of which is causing severe hardship to many persons; and if he will make a statement on the matter. [44061/10]

Photo of Éamon Ó CuívÉamon 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 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.

I am not aware of any country that makes its assistance schemes freely available to all persons without some condition as to nationality or residence. Determination of a person's habitual residence is made in accordance with Section 246 of the Social Welfare Consolidation Act 2005, as amended. The factors set out in this legislation have been derived from European Court of Justice case law which examined the concept of habitual residence in the context of social welfare benefits. That case law also confirms that including a habitual residence condition for social assistance payments where persons have had little or no link to the employment market is not in conflict with the freedom of movement rights within the EU.

The habitual residence condition does not apply to exceptional needs or urgent needs payments under the supplementary welfare allowance scheme. These payments may therefore be used to meet the immediate needs of any person who is in need.

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