Dáil Éireann Debate, Wednesday - 29 September 2004
1315 Ms McManus asked the Minister for Social and Family Affairs if the non-payment of the non-contributory old age pension will be discontinued to missionaries who come home here on holiday after years of contributing vital charitable and voluntary work in developing countries; and if she will make a statement on the matter. [21813/04]
Amharc ar fhreagraWith effect from 1 May 2004 the requirement to be habitually resident in Ireland was introduced as a qualifying condition for a range of social assistance and child benefit schemes operated by my Department. The old age non-contributory pension scheme is included among these schemes. The Government introduced the new rules to restrict access to unemployment assistance, supplementary welfare allowance, carer's allowance, one-parent family payment, old age pension and certain other social welfare payments in the case of people newly arrived in Ireland.
The basis for the restriction contained in the new rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor. The effect of the restriction is that a person whose habitual residence is in the United States, Europe, Africa or elsewhere is not paid certain social welfare payments including non-contributory old age pension on arrival in Ireland. The question of what is a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is no longer open to people who are not normally resident in Ireland, while at the same time ensuring that people whose cases are appropriate to the Irish social welfare system get access to social assistance when they need it. Every effort is made to find grounds for making a positive decision when cases are being considered. These grounds, however, have to be compatible with EU law and other international and national legal obligations and it is not possible to discriminate in favour of any particular group or nationality.
The changes do not affect missionaries returning to Ireland on a permanent basis, for example to retire. They still qualify for an old age pension on the same basis as heretofore. Each case received for a determination on habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of the deciding officer has the right to appeal to the social welfare appeals office, which operates independently of the Department of Social and Family Affairs.
The habitual residence condition is a major new development in the Irish social welfare system. Now that it has been in place for almost five months, I have asked my officials to carry out a review of its efficiency and effectiveness. This will include an examination of the implications for various groups, whose cases have come up for decision, including elderly missionaries returning to Ireland on a temporary basis on holiday.
I am also anxious to promote comprehensive pensions provision for all individuals and groups into the future. In that context as I have previously indicated I am happy to enter into discussions with representatives of missionary orders and other groups to discuss their concerns over pensions and any other social welfare payments. I am committed to ensuring that no person whose circumstances are appropriate to the Irish social welfare system is disadvantaged by the introduction of the new condition.
