Dáil Éireann Debate, Thursday - 11 July 2013
129. Deputy Brendan Griffin asked the Minister for Social Protection if she will consider removing the habitual residence clause as a requirement of eligibility for carer's allowance for persons returning here to provide full-time care. [34030/13]
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. This qualifying condition is applied to all applicants, regardless of their nationality. 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 habitual residence condition (HRC), as provided for in section 246 of the Social Welfare (Consolidation) Act, 2005 (as amended), applies to claims for jobseeker’s allowance, non-contributory State pension, blind pension, non-contributory widow’s and widower’s pensions and guardian’s payment, one-parent family payment, carer’s allowance, disability allowance, supplementary welfare allowance including rent supplement, and child benefit. A person who does not have a right to reside in the State shall not be regarded as being habitually resident in the State. HRC does not apply to exceptional needs or urgent needs payments under the supplementary welfare allowance scheme.
Each case received for a determination on 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. I have no plans to make any changes in relation to the habitual residence condition in relation to carer’s allowance.
