Joanna Tuffy (Dublin Mid West, Labour)
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To ask the Minister for Social Protection the rules regarding habitual residence and to whom those rules apply; and if she will make a statement on the matter. [13189/13]

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. This qualifying condition is applied to all applicants, regardless of their nationality. 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. The habitual residence condition (HRC), as provided for in section 246 of the Social Welfare (Consolidation) Act, 2005 (as amended), applies to claims for jobseeker’s allowance, non-contributory State pension, blind pension, non-contributory widow’s and widower’s pensions and guardian’s payment, one-parent family payment, carer’s allowance, disability allowance, supplementary welfare allowance including rent supplement, and child benefit. A person who does not have a right to reside in the State shall not be regarded as being habitually resident in the State. HRC does not apply to exceptional needs or urgent needs payments under the supplementary welfare allowance scheme.

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 HRC 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, and are generally sufficient to enable the deciding officer to determine whether a person’s present circumstances in Ireland indicate a temporary visit or habitual residence. 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.