Gerald Nash (Louth, Labour)
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862. To ask the Minister for Employment Affairs and Social Protection if an EU citizen who is resident in the State for over five years is deemed to meet the habitual residence condition for receipt of a non-contributory pension, as laid down in social welfare legislation; and if she will make a statement on the matter. [32650/20]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Habitual Residency Condition (HRC) is a condition that one must satisfy in order to be eligible for most means tested social welfare payments in Ireland including the State Pension (Non-Contributory). It applies to both Irish citizens and Non-Irish citizens.

Deciding Officers, when determining whether a person is habitually resident for social protection purposes, must take into consideration all of the person’s circumstances including the following -

Whether or not the person has a right to reside in the State; and

5 factors under Section 246 (4) of the Social Welfare Consolidation Act 2005, as amended, i.e.:

- 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 the person’s employment

- the person’s main centre of interest

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

It should be noted that those 5 factors are not exclusive and other information considered relevant may also be used in arriving at a decision.

Unless a person satisfies both parts of the condition they cannot be regarded as habitually resident in this country.

There is no minimum period of residence in the State required to satisfy HRC.

Each person’s claim is considered on its own merits and within the terms of the relevant scheme guidelines.

I hope this clarifies the matter for the Deputy.