Ciarán Cuffe
Ceist:93 Mr. Cuffe asked the Minister for Social and Family Affairs the effect that the Chen judgment of the European Court of Justice will have on his Department. [28169/04]
Amharc ar fhreagraWednesday, 10 November 2004
Ceisteanna (52)
Freagraí scríofa
The judgment of the European Court of Justice in the Chen case, which was given on 19 October 2004, stated that the non-national parents of an Irish born child had the right to live in any other EU state provided they were covered by health insurance and had sufficient resources to avoid becoming a burden on the public finances of the host state. The judgment does not, therefore, confer rights on people who would qualify for social assistance from my Department.
Since 1 May 2004, applicants for certain social welfare schemes and child benefit are subject to the habitual residence condition. 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 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 to ensure that the 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. 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. These decisions, 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.
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 him or herself 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 over six months, a review of its efficiency and effectiveness is being carried out by my officials and I will consider any further measures which may be required in the light of the review.