Robert Troy (Longford-Westmeath, Fianna Fail)
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309. To ask the Minister for Social Protection the habitual residency conditions an Irish person returning form abroad must satisfy before a social welfare payment will be granted. [39377/13]

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. The term 'habitually resident' conveys a degree of permanence and implies a close association between the applicant and the country from which payment is claimed, which relies heavily on fact.

Before a decision can be made regarding a person's habitual residence, it must be established whether the person has a legal right to reside in the State. All Irish nationals have a right of residence in Ireland. Then five factors are examined to determine whether a person satisfies the habitual residence condition (HRC) i.e. 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.

Each case is dealt with in its own right and a decision is based on the application of the legislation and guidelines to the particular circumstances of the case.

The HRC guidelines are published and available to customers on the Department's website.

They include comprehensive information relating to material to be provided by returning Irish emigrants.

Examples of documentation include:- Proof to show applicant has given up accommodation abroad;- Proof applicant has cancelled or applied to cancel any non-transferable benefits;- Proof to show measures put in place to open a bank account here;- Proof to show applicant has a tenancy in Ireland;- Proof of travel documents and evidence of transportation of personal possessions etc.

Any information that customers provide to establish their claim will be considered.

If claimants are not satisfied with a decision they have the right to have the decision reviewed internally in the Department and/or appeal the decision to the Social Welfare Appeals Office.