Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

47. To ask the Minister for Social Protection the level of information required to be provided for a claimant to satisfy the habitual residence condition; if decisions are made on a purely arbitrary basis; and if she will make a statement on the matter. [25864/13]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context | Oireachtas source

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. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States. 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.

Under social welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers (DOs) and decisions in relation to Supplementary Welfare Allowance are made by Designated Persons (DPs). Each case received for a determination on the Habitual Residence Condition (HRC) 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 the case. Before a decision can be made regarding a person's habitual residence, it must first be established whether the person has a legal right to reside in the State. For example, nationals from outside the EU who have been granted special permission to remain in Ireland will need to provide an official letter from the Department of Justice and Equality to confirm their status and /or a copy of their residency permit (Garda National Immigration Bureau card).

The right to reside test is aquestion of law, which seeks to ascertain whether the claimant has a lawful right to reside in Ireland. Once the legal right to reside is satisfied the five criteria used to determine whether a person satisfies the HRC includes a) the length and continuity of living in Ireland, b) length and reasons for any absence, c) nature and pattern of the person's employment, d) person's main centre of interest and e) future intentions of the person applying for the social welfare scheme.

Examples of information required include:

- identification documents such as a passport,

- bank statements from outside and within Ireland, as applicable,

- utility bills such as electricity, gas, telephone,

- rent/ mortgage agreements or receipts for local authority charges,

- travel documents or evidence to move or store personal possessions.

The HRC is a question of fact, which seeks to ascertain whether the claimant has established his/ her 'centre of interest' in Ireland by examining family connections, length of stay, employment history etc. HRC guidelines are available on the DSP website which outline in detail the legislative basis for making decisions and also provide detailed guidance for customers. Any applicant who disagrees with the decision on a case has the right to request a review of that decision internally within DSP and/or appeal to the independent Social Welfare Appeals Office.