Michael McNamara (Clare, Labour)
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36. To ask the Tánaiste and Minister for Social Protection the supports available to returned emigrants; if she will waive the habitual residence requirement; and if she will make a statement on the matter. [3574/16]

Joan Burton (Dublin West, Labour)
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Social welfare payments can be broadly divided into two main categories – contributory social insurance payments, which are based on the social insurance contributions paid by the claimant and non-contributory social assistance payments, which are subject to a means test.

The social welfare supports available to returned emigrants will therefore, depend on the person’s particular circumstances, including whether the person has previously paid social insurance contributions in Ireland, the length of time spent working in Ireland before emigrating, the length of time spent abroad, whether the person worked in the EU or elsewhere, etc.

For instance, a person who returns to Ireland after having spent a period working in another EU Member State may qualify for certain social insurance benefits from Ireland or from that other Member State, depending on the circumstances. Where a returned emigrant does not qualify for a social insurance payment, he or she may apply for a social assistance payment, such as jobseeker’s allowance.

In addition to having to satisfy a means test and other eligibility criteria directly relevant to the specific payment being claimed, applicants for most social assistance payments must also be determined as being habitually resident in the State in order to qualify. The general principles underpinning the application of the habitual residence condition 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.

Returning emigrants who had previously been habitually resident in the State and who moved to live and work in another country and then resume their long-term residence in the State may be determined as 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 change its operation at this stage, the operation of the habitual residence condition is kept under continual review.