The 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. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland.
Under Social Welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers. Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case. Decisions in relation to Supplementary Welfare Allowance are made by Community Welfare Officers in the Health Service Executive (HSE). Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent Social Welfare Appeals Office.
While decisions to the effect that applicants satisfy the Habitual Residence Condition (HRC) can be made in the vast majority (over 90%) of cases at claim acceptance stage on the basis of answers given on the primary claim forms, complex cases are examined in more detail. Claims involving complex HRC issues are assessed and decided in all scheme areas within the Department by a small number of deciding officers who are experienced and fully familiar with the issues involved for each scheme in regard to HRC. I am satisfied that this arrangement contributes greatly to accuracy and consistency in the decision-making process.
For the period from 1 May 2004 to 31 October 2008, the number of habitual residence complex cases decided was 79,014 . Of these, 58,323 (74%) were found to satisfy the Habitual Residence Condition while 20,691 (26%) were unsuccessful. Details, on an annual basis, of the 20,691 cases which were disallowed since 2004 are as follows:
HRC Disallowances — By Year
Year
|
Number
|
2004-May to end December
|
2,235
|
2005
|
4,360
|
2006
|
4,344
|
2007
|
5,114
|
2008 (to end October)
|
4,638
|
Total
|
20,691
|
Nationals of the European Economic Area (EEA) who take up employment in the State are protected under the EU Regulations governing Family Benefits and Supplementary Welfare Allowance. EEA Nationals who are jobseekers with no attachment to the labour force do not enjoy this protection and will not satisfy the HRC for social assistance payments. If such persons are suffering financial hardship they may apply to the Health Service Executive for an Emergency Needs Payment, which is not subject to the HRC.
Persons from the new member states of the EU who do not have any means of support may be assisted to travel back to their home country by the Reception and Integration Agency. Migrant workers from outside the EEA qualify for social insurance benefits in respect of the unexpired part of their work permits if they satisfy the normal qualifying conditions. The HRC does not apply in these cases. Such workers may also satisfy the habitual residence condition for receipt of social assistance payments and child benefit.
The Habitual Residence Condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it. The reason for the introduction of the HRC in May 2004 was to ensure that persons who have not worked in Ireland or who have not established habitual residence in Ireland should not avail of assistance schemes or child benefit.
The operation of the condition was reviewed by the Department in 2006 and it is not proposed to introduce any changes to the current policy in this regard as the original reason for the policy is still valid.