Bernard Durkan (Kildare North, Fine Gael)
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362. To ask the Minister for Employment Affairs and Social Protection the extent to which habitual residency is determined on the basis of time living in this jurisdiction where the applicant has no other option and has no other ties to any other country, as in the case of a person (details supplied); and if she will make a statement on the matter. [29055/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. In order to satisfy the habitual residence condition, as a first step, it must be established that the person has an unconditional right of residence in the State, that does not preclude them from receipt of relevant social assistance payments, for example, state pension non-contributory.

The person concerned has not provided documentary evidence confirming that she has been resident in the state for a period of 5 years. It is not possible to apply discretion in relation to the application of the Habitual Residence Condition.

The Deputy’s previous representations requesting an appeal of the person's entitlement, have been forwarded to the Social Welfare Appeals Office.

I trust this clarifies the matter for the Deputy.