Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 647: To ask the Minister for Social Protection his plans to amend section 246 of the Social Welfare Consolidation Act 2005; and if he will make a statement on the matter. [48090/10]

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 1 May 2004. The current legislation for this is set out in section 246 of the Social Welfare Consolidation Act, as amended. 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. It is not my intention to fundamentally change this requirement. However, I am on an ongoing basis reviewing the condition to ensure that it operates in a user friendly and fair manner. Any change to the legislation would have to be considered carefully to ensure it did not give rise to unintended consequences.