Written answers

Tuesday, 11 February 2014

Department of Social Protection

Carer's Allowance Eligibility

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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327. To ask the Minister for Social Protection the procedure her Department follows regarding the habitual residence condition, in a situation where a family member has to return home from abroad to care for a sick relative. [6908/14]

Photo of Joan BurtonJoan 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 (including Carer’s Allowance) 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.

In deciding on a persons habitual residence, it must first be established whether the person has a legal right to reside in the State. All Irish nationals have a right of residence in Ireland. At that stage 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.

The guidelines for assessing HRC are published and available to customers on the Department’s website. In addition to the HRC guidelines there is further information for customers including;

- HRC information leaflet SW108 available on the website.

- A HRC supplement with example cases published on the website.

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.

Examples of documentation required is outlined on the HRC guideline, on the HRC information leaflet and on the Citizens Information website, including:

- 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 and it may be necessary in some cases to submit further documentary evidence in support of a claim.

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.

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