In order to qualify for a range of Social Welfare payments, including Child Benefit (CB) and Domiciliary Care Allowance (DCA), 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. These include proving that their centre of interest is now in Ireland and their future intentions, as demonstrated, are to remain in Ireland. Their residency status and their eligibility to work in Ireland and be self-supporting are also factors which are considered. The person referred to applied for both CB and DCA in April 2009. The Deciding Officers dealing with the relevant applications were not satisfied that the person referred to satisfied the Habitual Residency condition. As a result her application for both payments was refused.
Decision letters outlining the refusals and the reason for same issued to the person concerned in July and she was given the right of appeal. To date, no appeal has been received in either case.