Dáil Éireann Debate, Wednesday - 6 October 2004
161 Mr. Penrose asked the Minister for Social and Family Affairs the action he has taken to exempt missionaries and others from the habitual residence condition in place since 1 May 2004; and if he will make a statement on the matter. [23298/04]
Amharc ar fhreagra167 Mr. Cuffe asked the Minister for Social and Family Affairs the changes being proposed to afford State pension rights to Irish citizens who have been involved in long term overseas development work. [23399/04]
Amharc ar fhreagraI propose to take Questions Nos. 161 and 167 together.
With 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 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 very careful manner to ensure that Ireland's social welfare system is no longer open to everyone who is newly arrived 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. Specifically, it is not possible to discriminate in favour of missionaries or in favour of Irish citizens in general, including those who have been involved in long-term overseas development work.
The changes do not affect missionaries or development workers 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 the 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 a deciding officer has the right to appeal to the Social Welfare Appeals Office.
Should a person find themselves in an exceptional situation without funds, the community welfare officers may provide a once off exceptional needs payment under the supplementary welfare allowance scheme.
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 my officials are carrying 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 and development workers returning to Ireland on a temporary basis on holiday.
In addition, my officials would be happy to meet with representatives of missionary orders and other groups to discuss their concerns in relation to pensions and any other social welfare payments.
