Dáil Éireann Debate, Wednesday - 28 April 2004
71 Ms McManus asked the Minister for Social and Family Affairs if she has received a response from Commissioner Wallstrom to the information she supplied regarding Government proposals for restrictions to social welfare entitlement aimed at persons from other EU states after 1 May 2004; and if she will make a statement on the matter. [12051/04]
View answer75 Mr. Gormley asked the Minister for Social and Family Affairs the measures being put in place to protect citizens of EU accession countries, currently availing of supports, after 1 May 2004. [12095/04]
View answer113 Mr. G. Mitchell asked the Minister for Social and Family Affairs the new arrangements being made by the Government which will affect citizens from the accession states, as well as those currently living in the EU but not resident here or in the United Kingdom, who seek to travel and work in Ireland after 1 May 2004; and if she will make a statement on the matter. [10010/04]
View answerI propose to take Questions Nos. 71, 75 and 113 together.
As I outlined to the House during the course of the passage of the Social Welfare (Miscellaneous Provisions) Bill 2004, the Government has decided to restrict access to certain social welfare payments by introducing a "habitual residence condition" as an additional condition to be satisfied by a person claiming a social assistance payment or child benefit. This is not a transitional measure under the EU accession treaty arrangement but a permanent provision in our social welfare code. This new condition is designed to safeguard our social welfare system from abuse by restricting access to social assistance and child benefit payments for people from other countries who have little or no connection with Ireland.
The new condition will require a claimant for social assistance to be habitually resident in the State or the rest of the common travel area — Great Britain, Northern Ireland, the Channel Islands and the Isle of Man — for a substantial continuous period. If they have been present in the State for less than a two year period it shall be presumed that they are not habitually resident and the onus will be on them to prove otherwise. If the claimant satisfies the two year provision, he or she will still be required to satisfy the general requirements relating to habitual residence.
A person must establish a degree of permanence to be considered habitually resident in the State. The term "habitual residence" is well known in other jurisdictions and in EU legislation and has been clarified in an EU Court judgment. It is intended to convey a degree of permanence in the person's residence here. Clearly the duration and continuity of their residence would be important factors as would their intentions in that regard.
The following factors, as set down by EU case law, will be considered in determining whether a person satisfies the "habitual residence condition": length and continuity of residence; employment prospects; reasons for coming to Ireland; future intentions; centre of interest, for example, family, home, connections. Each case will be examined on the facts and the person's degree of permanence in the State and no single factor will be conclusive. People who claim welfare payments but do not satisfy the habitual residency test will be assisted to return home and the necessary arrangements will be made in co-operation with the Department of Justice, Equality and Law Reform.
These measures are being introduced to ensure our social welfare system does not become overburdened. It is a prudent and sensible measure. While the EU treaties provide for full freedom for citizens of the accession states to move freely through the enlarged EU they do not provide for automatic access to labour markets. Under the accession treaties, the EU has put in place a transitional measure, by which existing member states will be able to exercise discretion as to the extent of access of persons from the new members states to their respective labour markets. Unlike other member states, Ireland is not imposing any restrictions on the numbers of people from the new member states who wish to come here and work. This Government gave a commitment that EU citizens who want to come and work here from 1 May are welcome to do so and we will honour that commitment.
The Government has recently received a request from the EU Commission seeking information on the transitional measures introduced by the Government on free movement of workers from the accession countries. In response to the Commission's request my Department will provide full details of the new habitual residence condition.
