Dáil Éireann Debate, Tuesday - 27 March 2007
458 Mr. Penrose asked the Minister for Social and Family Affairs the reason a person who is an Irish citizen, who may not be resident here is not entitled to a carers allowance; if same is on foot of the provisions of Section 180 of the Social Welfare Consolidation Act 2005; and if he will make a statement on the matter. [11393/07]
Amharc ar fhreagraCarer's allowance is a means tested social welfare payment for people providing full time care and attention to people who need it. In line with social assistance payments generally, one of the eligibility requirements for carer's allowance is that the applicant be habitually resident in the State. This requirement was introduced in the Social Welfare (Miscellaneous Provisions) Act 2004. The relevant section of the Act, section 17, came into effect from 1 May 2004 by way of Statutory Instrument Number 184 of 2004. Section 180 of the Social Welfare Consolidation Act 2005 is the primary legislation governing this provision in relation to carer's allowance.
All applicants regardless of nationality are required to be habitually resident in the State in order to qualify for carer's allowance. The question as to what is a person's "habitual residence" is decided in accordance with European Court of Justice case law, which sets out the criteria to be applied in determining whether or not a person is habitually resident.
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 on a case-by-case basis.
