Dáil Éireann Debate, Tuesday - 30 November 2021
383. Deputy Marc Ó Cathasaigh asked the Minister for Social Protection if there are plans to review or remove the habitual residency criteria for the State pension (non-contributory); and if she will make a statement on the matter. [58360/21]
View answerThe State Pension (Non-Contributory), or SPNC, is a payment for people of state pension age who satisfy a means test along with other qualifying criteria. One of the qualifying conditions for SPNC is to satisfy the Habitual Residence Condition (HRC). HRC applies to both Irish citizens and Non-Irish citizens.
Deciding Officers, when determining whether a person is habitually resident for social protection purposes, must take into consideration all of the person’s circumstances, including the following two aspects -
1. Whether or not the person has a right to reside in the State; and
2. Five factors under Section 246 (4) of the Social Welfare Consolidation Act 2005, as amended, i.e.:
- the length and continuity of residence in Ireland or in any other particular country
- the length and purpose of any absence from Ireland
- the nature and pattern of the person’s employment
- the person’s main centre of interest
- the future intentions of the person concerned as they appear from all the circumstances
A person must satisfy both parts of the condition to be regarded as habitually resident in Ireland. There is no minimum period of residence in the State required to satisfy HRC. Each person’s claim is considered on its own merits and within the terms of the relevant scheme guidelines.
There are currently has no plans to review or remove the HRC as a criterion for SPNC.
I trust this clarifies the matter for the Deputy.
