In order to qualify for a range of Social Welfare payments, including Child Benefit, applicants are required to satisfy the Habitual Residence condition (HRC), which was introduced on 1st May 2004.
The HRC requires the applicant to satisfy the Deciding Officer that they meet certain conditions, including that their centre of interest is in Ireland and that their future intentions, as demonstrated, are to remain in Ireland.
The person concerned is a Moldovan national and is still awaiting a final decision from the Department of Justice, Equality and Law Reform on her residency application. The Child Benefit application was refused on 24th May 2008 as the Deciding Officer, having considered all the circumstances, did not consider that the person concerned satisfied the HR condition as her centre of interest and future intentions to remain here were uncertain.
The person concerned was notified of the decision in writing on 24th May 2008 and given the right of appeal. To date no appeal has been received.