Dáil Éireann Debate, Thursday - 23 May 2013
91. Deputy Martin Ferris asked the Minister for Social Protection if the continued practice by social welfare staff to refuse family payments based on the habitual residency clause is compatible with EU law; and if she will make a statement on the matter. [24860/13]
View answerThe social welfare entitlements of EU citizens who come to live and work in Ireland are governed by EU Regulations on the coordination of social security systems. A key requirement of these regulations is that EU citizens living and working here must be accorded equal treatment with Irish citizens. The regulations are viewed by the EU as an important element in the arrangements in place to encourage and facilitate free movement across the Union. The regulations coordinate social security schemes across the EU but the design, qualifying conditions and funding arrangements of national schemes remain a national competence.
Family benefits can be awarded on the basis of either EU Regulations or domestic legislation. The former applies where a person comes here from another EU/EEA state and takes up insurable employment. In such cases Article 7 of Regulation 883/2004 applies which provides for, in most circumstances, the waiving of residence provisions in domestic social security legislation. Such people are entitled to child benefit in respective of their children resident here or in the home country. Where EU Regulations do not apply (mainly where there is no EU cross-border element to the claim) decisions are made purely on the basis of domestic legislation. This includes the Habitual Residence Condition (HRC) which is based on principles that have been set down in judgements given by the Court of Justice of the EU.
A person must be habitually resident in the State at the time of making the application for the following: blind pension, carer's allowance, child benefit, disability allowance, domiciliary care allowance, guardian's payment (non contributory), jobseeker's allowance, one parent family payment, state pension (non contributory), supplementary welfare allowance (other than once off exceptional and urgent needs payments) and widow(er)'s non contributory pension.
The HRC does not extend to the provisions regarding an increase for qualified dependants (e.g. spouse or children), which means that the qualified dependants are not required to satisfy the habitual residence condition in their own right.
