Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 138: To ask the Minister for Social Protection the reason her guidelines for habitual residence, Irish nationals returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirement of the HRC, do not match up with her written response to a case this Deputy referred to her previously (details supplied). [10060/12]

Joan Burton (Dublin West, Labour)
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Under social welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers. Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on the application of the legislation and guidelines to the particular individual circumstances of each case.

If the applicant considers the Deciding Officer's decision to be incorrect, more documentary evidence or information that is relevant to the case can be sent and the initial decision will be reviewed.

As I outlined to the Deputy in a previous question, it is also open to the person concerned to appeal the decision to a Social Welfare Appeals Office provided a completed appeal form is returned within 21 days from the date of the initial decision.