Written answers
Thursday, 17 May 2018
Department of Employment Affairs and Social Protection
Social Welfare Benefits Payments
Bernard Durkan (Kildare North, Fine Gael)
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257. To ask the Minister for Employment Affairs and Social Protection when a one-parent family allowance and child benefit will be paid in the case of a person (details supplied); and if she will make a statement on the matter. [21945/18]
Regina Doherty (Meath East, Fine Gael)
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The person concerned had a claim for child benefit disallowed on 3 May on the grounds that she is not considered habitually resident in the State. As she is awaiting a decision from the Irish Naturalisation & Immigration Service regarding her permission to reside in the State she cannot be regarded as habitually resident.
Subsection (5) of the Social Welfare Consolidation Act 2005, as amended, explicitly states that a person who does not have a right to reside in the State cannot be habitually resident for social welfare purposes.
It should be noted that there is no record in the Department that the person concerned has lodged a claim for one parent family payment at this time.
I trust this clarifies the position for the deputy.
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