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Social Welfare Code Issues

Dáil Éireann Debate, Tuesday - 9 July 2013

Tuesday, 9 July 2013

Questions (94, 110)

Thomas Pringle

Question:

94. Deputy Thomas Pringle asked the Minister for Social Protection if she will outline the level of information required to be provided by claimants who are returning Irish emigrants to satisfy the habitual residence condition; if she will provide an average time frame for the verification of habitual residency of such persons; and if she is satisfied with this process. [33203/13]

View answer

Mary Lou McDonald

Question:

110. Deputy Mary Lou McDonald asked the Minister for Social Protection the date on which she will publish new guidelines to reform the rules regarding the habitual residency condition; and if she will make a statement on the matter. [33252/13]

View answer

Written answers

I propose to take Questions Nos. 94 and 110 together.

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 term ‘habitually resident’ conveys a degree of permanence and implies a close association between the applicant and the country from which payment is claimed, which relies heavily on fact. The habitual residence guidelines were comprehensively revised in 2011 to take account of developments in case-law, both national and international, and to reflect the Department’s interpretation of the legal provisions that impact on the habitual residence condition (HRC).

The guidelines are reviewed and revised on an ongoing basis to reflect changes in the conditions and processes as they occur, for example, the removal of the work permit condition for Romanian and Bulgarian nationals and very recently the accession of Croatia to the EU. The guidelines are published and available to customers on the Department’s website to reflect the most up to date requirements.

In addition to the HRC guidelines there is further information for customers including:

- HRC information leaflet SW108 available on the website

- A HRC supplement with example cases published on the website.

Internally within DSP the Decisions Advisory Office unit provides guidance and support in complex cases and the staff development unit of DSP provides on-going HRC training.

There is comprehensive information on the HRC guidelines relating to material to be provided by returning Irish emigrants. Before a decision can be made regarding a person’s habitual residence, it must be established whether the person has a legal right to reside in the State and all Irish nationals have a right of residence in Ireland. At that stage the five factors are examined to determine whether a person satisfies the HRC i.e. a) the length and continuity of living in Ireland, b) length and reasons for any absence, c) nature and pattern of the person’s employment, d) person’s main centre of interest and e) future intentions of the person applying for the social welfare scheme.

Each case is dealt with in its own right and a decision is based on the application of the legislation and guidelines to the particular circumstances of the case. Examples of documentation required is outlined on the HRC guideline, on the HRC information leaflet and on the Citizens Information website, including:

- Proof to show applicant has given up accommodation abroad

- Proof applicant has cancelled or applied to cancel any non-transferable benefits

- Proof to show measures put in place to open a bank account here

- Proof to show applicant has a tenancy in Ireland

- Proof of travel documents and evidence of transportation of personal possessions etc.

Any information that customers provide to establish their claim will be considered and it may be necessary in some cases to submit further documentary evidence in support of a claim. The average time frame for the verification of habitual residency for applicants for social welfare is not captured as the HRC is examined as part of the overall claim process. It is important to point out that if claimants are not satisfied with a decision they have the right to have the decision reviewed internally in DSP and-or appeal the decision to the Social Welfare Appeals Office.

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