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. All applicants — regardless of nationality — for the following payments are required to be habitually resident in the State:
Jobseeker's Allowance;
State Pension (Non-Contributory for persons aged over 66);
Blind Pension;
Widow's, Widower's and Orphan's Non-Contributory Pensions;
One-parent Family Payment;
Carer's Allowance;
Disability Allowance;
Supplementary Welfare Allowance (including Rent Supplement);
Domiciliary Care Allowance;
Child Benefit,
The number of applications that have been disallowed welfare payments, based on the failure to satisfy the habitual residence condition, from 1 January 2005 to 31 December 2009 is 30,962. An annual breakdown of the figures is set out in the table. Figures for January 2010 are not available.
Scheme
|
2005
|
2006
|
2007
|
2008
|
2009
|
Jobseeker’s Allowance
|
2,865
|
3,404
|
4,016
|
4,535
|
7,484
|
State Pension (Non-Con)
|
33
|
147
|
Not Avail
|
0
|
16
|
Blind Pension
|
1
|
0
|
Not Avail
|
0
|
0
|
Widow’s, Widower’s & Orphan’s Non-Con Pensions
|
6
|
11
|
Not Avail
|
0
|
7
|
One-Parent Family Payt.
|
382
|
179
|
289
|
295
|
381
|
Carer’s Allowance
|
105
|
66
|
45
|
87
|
192
|
Disability Allowance
|
389
|
203
|
196
|
278
|
570
|
Domiciliary Care Allce.
|
Not applicable
|
14
|
|
|
|
Child Benefit
|
818
|
351
|
577
|
1,102
|
1,918
|
Total
|
4,599
|
4,361
|
5,123
|
6,297
|
10,582
|
Information on the number of these cases that were overturned on appeal is not readily available. Statistics on the number of Supplementary Welfare Allowance (SWA) claims that do not satisfy the habitual residence condition are not maintained by the various HSE areas. However, it is estimated that approximately 1.5% of all SWA claims are disallowed for HRC reasons. It is open to any customer who is not satisfied with the decision on their claim to appeal that decision.