Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 339: To ask the Minister for Social Protection her plans to lessen the negative impact of the habitual residence condition on Traveller children; and if she will make a statement on the matter. [23975/12]

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 1 May 2004. The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland.

There is no discrimination on grounds of nationality or ethnic background in social welfare legislation and to introduce such a provision would be contrary to the equality principles that Ireland has adopted in its equality legislation, the Treaties of the European Community and the Charter of Fundamental Rights, and other international conventions.

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 application of the legislation and guidelines to the particular individual circumstances of each case.

The determination of a person's habitual residence is made in accordance with five factors which are set out in legislation, as follows:

(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."

These five factors have been derived from European Court of Justice case law.

Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the Social Welfare Appeals Office.

Officials of my Department have had a meeting with a traveller's representative group to discuss a wide range of difficulties experienced by the travelling community and, currently, those issues raised at that meeting are being examined.