Written answers

Wednesday, 30 March 2011

Department of Social Protection

Social Welfare Benefits

9:00 pm

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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Question 31: To ask the Minister for Social Protection the number of Irish nationals deemed not to satisfy the habitual residence condition and the number where this determination was successfully overturned by the social welfare appeals office in 2009 and 2010 respectively. [6017/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Relatively few returning Irish emigrants are refused social welfare payments on grounds of habitual residence. 738 Irish citizens were disallowed a social welfare payment because of the habitual residence rule in 2009. Records for 2010 are incomplete due to industrial action. Jobseeker's allowance accounted for over 70% of disallowances in 2009. In cases where returning Irish emigrants are refused social welfare payments on grounds of habitual residence, it is because the people in question do not have the required level of connection to Ireland under the relevant headings despite the fact that they are Irish citizens.

The determination of a person's habitual residence is made in accordance with Section 246 of the Social Welfare Consolidation Act 2005, as amended. Subsection (4) specifically directs the deciding officer to "take into consideration all the circumstances of the case, including, in particular, the following:

(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."

The Department's guidelines go on to point out that "No single factor is conclusive. The evidential weight to be attributed to each factor will depend on the circumstances of each case. It is necessary to weigh up all the information and balance the evidence for and against an applicant satisfying the habitual residence condition".

The current guidelines address the impact of the habitual residence condition on returning Irish emigrants in the following terms:

"A person who had previously been habitually resident in the State 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, termination of residence based entitlements in the other country, or assistance from Safe Home or a similar programme to enable Irish emigrants to return permanently

· 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.

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.

I am informed by the Social Welfare Appeals Office that statistics regarding the nationality of appellants are not maintained by that Office. Overall, however, in 2009, 1,383 decisions were by made by Appeals Officers in relation to the Habitual Residence Condition of which 328 were allowed or partly allowed and 1,055 disallowed. In 2010, 4,146 decisions were made in relation to the Habitual Residence Condition, of which 744 were allowed or partially allowed and 3,399 disallowed.

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