Dáil Éireann Debate, Wednesday - 26 January 2005
553 Mr. Lowry asked the Minister for Social and Family Affairs the alternatives to removing the eligibility of returning Irish missionary priests and nuns which he or his predecessor has considered; if he will report on statistical information which was and is available to support the decision; if he can provide it; and if he will make a statement on the matter. [1566/05]
View answerThe requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The old age non-contributory pension scheme is one of the schemes affected. The basis for the restriction contained in the new rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor. The effect of the restriction is that a person whose habitual residence is in the United States, Europe, Africa or elsewhere is not paid certain social welfare payments, including old age non-contributory pension, on arrival in Ireland. The question of what is a person's "habitual residence" is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims.
Each case received for a determination on the habitual residence condition is dealt with in its own right. Decisions are based on the application of the guidelines to the individual circumstances of each case. An applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office. The habitual residence condition does not affect missionaries returning to Ireland on a permanent basis, for example to retire. They still qualify for an old age pension on the same basis as heretofore. However, old age pension claims from 68 missionaries who were returning for holidays or other temporary stays were refused on the grounds that they did not satisfy the habitual residence condition.
The application of the habitual residence condition has to be compatible with EU law and other international and national legal obligations. It is not possible in applying the condition to discriminate in favour of any particular group or nationality. The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is not open to everyone who is newly arrived in Ireland, while at the same time ensuring that people whose cases are appropriate to the Irish social welfare system have access to the system when they need it.
