Willie O'Dea (Limerick City, Fianna Fail)
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118. To ask the Minister for Social Protection if she has considered revising the habitual residence requirement for carers to provide more flexibility to those in receipt of the carer's allowance; and if she will make a statement on the matter. [25131/14]

Joan Burton (Dublin West, Labour)
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The habitual residence condition helps protect Ireland's social welfare system, while at the same time ensuring that those whose claims have access to it when they need it.

Provided the applicant for a carer’s allowance is legally resident in the State, a decision on whether the applicant satisfies the conditions in respect of habitual residence is made based on consideration of five factors: length and continuity of residence in the State or in any other particular country; length and purpose of any absence from the State; nature and pattern of person’s employment; the person’s main centre of interest and future intentions of the person concerned as they appear from all the circumstances.

While I have no plans to change the legislation applying to habitual residence and carer’s allowance at this time, the Department has, following consultation with carers’ representative groups, clarified the application of the guidelines with the relevant deciding officers and ensured that deciding officers have access to the most up to date guidelines and receive appropriate training in assessing the habitual residence condition.

In this regard, I would point out that less than 120 carer’s allowance cases were refused on habitual residence grounds in 2013 - down almost 50% on the 2011 figure of 223.