Dáil Éireann Debate, Tuesday - 26 January 2016
77. Deputy Clare Daly asked the Tánaiste and Minister for Social Protection what steps she will take to instigate a review of the habitual residence condition to ensure that it is not discriminatory, particularly in relation to children from migrant and Traveller backgrounds, and asylum-seeking children, as recommended by the report of the Irish Human Rights Equality Commission submitted to the United Nations Committee on the Rights of the Child. [2840/16]
View answerThe habitual residence condition is provided for in Irish social welfare legislation and is in accordance with EU legislation and with European Court of Justice jurisprudence. Being habitually resident in the State is a requirement, amongst others, for receipt of certain social protection payments and applies to applicants for and recipients of such payments regardless of their nationality or ethnicity.
As required by the legislation underpinning the provision, decision-makers in the Department of Social Protection, when determining whether a person is habitually resident in the State for social protection purposes, take into consideration all of the person's circumstances.
Training is provided on an ongoing basis to decision-makers in relation to the application of the habitual residence condition to ensure quality and consistency of decision-making which, in turn, aims to uphold lawful application of the provision.
Comprehensive guidelines on the habitual residence condition have been drawn up by the Department of Social Protection. The guidelines, which are used by the Department’s decision-makers, are publicly accessible via the Department's website. They are regularly updated to take account of relevant changes at both national and EU level.
It is open to anyone who is dissatisfied with a decision on the application of the habitual residence condition in relation to entitlement to a social welfare payment to appeal that decision to the Social Welfare Appeals Office.
As the operation of the habitual residence condition is kept under continual review to ensure that it continues to reflect Irish and EU law, I have no plans to instigate a review of the provision at this time.
