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

96. To ask the Tánaiste and Minister for Social Protection her plans to review the operation of the habitual residence condition in relation to returning immigrants who had been resident in the common travel area; and if she will make a statement on the matter. [40139/15]

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

The general principles underpinning the application of the habitual residence condition which applies, amongst other criteria, in determining entitlement to certain social welfare payments centre on the overall assessment of a person’s situation, including consideration of the following factors:

- the length and continuity of residence in Ireland or in any other particular country,

- the length and purpose of any absence from Ireland,

- the nature and pattern of employment,

- the person’s main centre of interest, and

- the future intentions of the person as they appear from all of the circumstances.

In the light of the foregoing, and following an examination of the operation of the habitual residence condition, a number of legislative changes in the application of the provision were made in the Social Welfare and Pensions Act 2014. These changes included the removal of the presumption that, unless the contrary was shown, persons were not habitually resident in the State if they had not been present for a continuous period of two years in the Common Travel Area (consisting of this State, the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man) at the date of making the application for the particular scheme. The continued inclusion of this provision was considered unnecessary as it was no longer a consideration in the decision making process relating to the habitual residence condition.

Returning emigrants who had previously been habitually resident in the State and who moved to live and work in another country, including other parts of the Common Travel Area, and then resume their long-term residence in the State may be regarded as being habitually resident in the State immediately on their return to the State. In addition, arrangements are in place with Safe-Home Ltd, a registered charity, to assist with the difficulty experienced by a minority of returning emigrants in demonstrating their intention to live in the State permanently for the purposes of satisfying the habitual residence condition.

It is open to anyone who is dissatisfied with a decision on the application of the habitual residence condition in relation to entitlement to a social welfare payment to appeal that decision to the Social Welfare Appeals Office.

While I have no plans to further change its operation at this stage, the operation of the habitual residence condition is kept under continual review.