Mary Lou McDonald (Dublin Central, Sinn Fein)
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Question 11: To ask the Minister for Social Protection her plans in response to the finding of the report, Person or Number?, that habitual residence conditions continues to fail to be applied fairly. [20599/12]

Joan Burton (Dublin West, Labour)
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I was very pleased to launch the report Person or Number? in February and I welcome the research undertaken by Crosscare, Doras Luimní and Nasc into difficulties experienced by some migrants in their dealings with the Department. The report makes a number of recommendations and the Department is considering these. In particular, the recommendation that the Department establishes a Migrant Consultative Forum is one that I said we would pursue in an effort to address the issues raised in the report. The Department will do this shortly.

In order to ensure fair application of the habitual residence condition (HRC), since its introduction some 144 staff at local offices and 1,000 former community welfare staff have been trained on habitual residence. In June 2011 new HRC guidelines were produced which take into account recent developments in case-law (both national and international). The Department also published a supplement which gives example scenarios of how the condition is applied. These guidelines are available on the Department's website and were circulated to all relevant staff within the Department.

The Department operates an independent appeals service where a client can bring his or her case if she/he is not satisfied with the decision. In addition, the Department's Decisions Advisory Office provides advice and assistance to decision makers in order that decisions made on social welfare claims, including decisions on HRC, are consistent and of good quality and that customers are notified of decisions in a form which is clear and understandable.

The Department is committed to providing a quality service to all its clients and to ensuring continuous improvements in the standard of service it provides. Reports such as this one help direct the Department to where improvements may be needed.