Dáil Éireann Debate, Tuesday - 29 March 2022
486. Deputy Claire Kerrane asked the Minister for Social Protection if she will consider extending social welfare eligibility to stamp 1 visa holders, particularly in cases of serious illness or emergency access to schemes such as the supplementary welfare allowance considering the recent focus on migration and need to ensure supports for refugees; and if she will make a statement on the matter. [16404/22]
View answerMatters regarding the right to reside and conditions attached to the stamps provided to visa holders are a matter for my colleague the Minister for Justice.
The Habitual Residence Condition (HRC) was introduced for certain social assistance schemes and for 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.
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. After that is established, five factors are then examined to determine whether a person satisfies the HRC. These 5 factors are -
a) the length and continuity of residence in Ireland,
b) the length and reasons for any absence from Ireland,
c) the nature and pattern of the person's employment,
d) the person's main centre of interest and
e) the future intentions of the person applying.
Each case is dealt with on its own merits and a decision is based on the application of the legislation and guidelines to the particular circumstances of the case.
In relation to people from Ukraine accessing Social Welfare Assistance, on 4 March 2022, the Council of the European Union unanimously adopted the implementing decision regarding the Temporary Protection Directive, due to the mass influx of persons fleeing Ukraine as a consequence of the war. This means that people arriving from Ukraine have been granted the status to avail of income supports from my Department.
I trust that this clarifies the matter for the Deputy.
