Joe McHugh (Donegal North East, Fine Gael)
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Question 195: To ask the Minister for Social Protection if she plans changing the Social Welfare Consolidation Act 2005, as amended by section 30 of the Social Welfare and Pensions Act 2007 and Section 15 of the Social Welfare (No 2) Act 2009; and if she will make a statement on the matter. [6470/11]

Joan Burton (Dublin West, Labour)
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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. 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. 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 social welfare schemes concerned are jobseeker's allowance, one parent family payment, disability allowance, carer's allowance, widow/er's (non contributory) pension, guardian's payment (non contributory), State pension (non-contributory), blind pension, supplementary welfare allowance (except urgent or exceptional needs payments), domiciliary care allowance and child benefit.

I have no plans at present to amend the legislative provisions regarding the habitual residence condition. However, the legislation is kept under review by my Department.