Michael McCarthy (Cork South West, Labour)
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80. To ask the Minister for Social Protection her plans to review the habitual residency condition for the carer's allowance given that it acts as a barrier to persons returning to Ireland to care for a loved one. [33445/14]

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 claim our schemes have access to supports when they need them.

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 :

1. length and continuity of residence in the State or in any other particular country;

2.length and purpose of any absence from the State;

3 nature and pattern of person’s employment;

4 the person’s main centre of interest and

5. the future intentions of the person concerned .

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. This year there have been 62 cases refused to the end of August.