Dáil Éireann Debate, Wednesday - 26 June 2013
146. Deputy Brendan Smith asked the Minister for Social Protection if her attention has been drawn to the difficulties that arise for emigrants who have now returned home and who are being deprived of social welfare benefits due to the conditions of the habitual residence clause (details supplied); her plans to remove such unfair restrictions; and if she will make a statement on the matter. [31012/13]
View answerThe 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. Guidelines were introduced for Deciding Officers in the Department to assist in ascertaining entitlements of such claimants to social assistance. Each case received for a determination on the Habitual Residence Condition (HRC) 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.
The guidelines regarding determination of habitual residence address the issue of returning emigrants very specifically. The Guidelines state: “A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.”
In determining the main centre of interest in the case of returning emigrants, deciding officers take account of:
- purpose of return e.g. expiry of foreign residence permit
- the applicant's stated intentions
- verified arrangements which have been made in regard to returning on a long-term basis e.g. transfer of financial accounts and any other assets, termination of residence based entitlements in the other country, or assistance from Safe Home or a similar programme to enable Irish emigrants to return permanently
- length and continuity of the previous residence in the State
- the record of employment or self-employment in another State and
- whether s/he has maintained links with the previous residence and can be regarded as resuming his/her previous residence rather than starting a new period of residence.
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.
I am currently examining the guidelines with a view to ensuring that the full-time caring situation is fully recognised in the decision making process.
