Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 71: To ask the Minister for Social Protection her views that the habitual residence rule discriminates against persons with disabilities. [10439/11]

Joan Burton (Dublin West, Labour)
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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.

I am satisfied that the habitual residence condition is achieving its intended purpose, allowing access to our social welfare schemes to persons who are genuinely and lawfully making Ireland their habitual residence. I am not aware of any particular difficulties arising regarding the habitual residence condition and persons with disabilities. If the Deputy has particular cases in mind, I will have these examined.