Dáil Éireann Debate, Wednesday - 21 November 2012
123. Deputy Maureen O'Sullivan asked the Minister for Social Protection the length of time a British Citizen need to reside here in order for their habitual residence application to be accepted; and if she will make a statement on the matter. [51668/12]
View answerFor social welfare purposes, habitual residence in the State is determined according to the facts that apply at the time the claim is made. It does not depend on the nationality or citizenship of the person making the claim.
Decisions concerning habitual residence are assessed having regard to five factors which have been laid down by the European Court of Justice, and which are now incorporated into our domestic social welfare legislation. The five factors are:
(a) the length and continuity of residence in the State or in any other particular country;
(b) the length and purpose of any absence from the State;
(c) the nature and pattern of the person's employment;
(d) the person's main centre of interest; and
(e) the future intentions of the person concerned as they appear from all the circumstances.
There is no discrimination on grounds of nationality in social welfare legislation, therefore the same conditions exist for UK nationals as nationals from any other country.
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.
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 Social Welfare Appeals Office.
