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Social Welfare Code

Dáil Éireann Debate, Tuesday - 29 January 2013

Tuesday, 29 January 2013

Questions (382)

Nicky McFadden

Question:

382. Deputy Nicky McFadden asked the Minister for Social Protection if she will outline the rights generally of the Roma Community in Ireland in relation to access to Social Protection supports such as job seeker's allowance and rent supplement. [3755/13]

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Written answers

The group in question have the same access to social welfare income support schemes as other EU nationals coming here to live or work. EU nationals who are entitled to work here pay PRSI contributions on the same basis as other employees and, if they satisfy the qualifying conditions, they may receive contributory benefits on the same basis as Irish and other EU citizens.

Social assistance schemes such as those referred to by the Deputy are subject to the habitual residence condition. 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. 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.

The determination of a person’s habitual residence takes accounts of five factors which are set out in legislation, as follows:

(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.

These five factors have been derived from European Court of Justice case law. A deciding officer will assess a person’s situation having regard to the factors outlined and if he is not satisfied that the person is habitually resident in Ireland they will not qualify for a payment.

Questions Nos. 383 and 384 withdrawn.
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