Dáil Éireann Debate, Tuesday - 9 November 2010
317 Deputy Richard Bruton asked the Minister for Social Protection if his attention has been drawn to the problems for Irish citizens returning home due to the application of the habitual residence rule and the steps he will take to ensure that such citizens are not excluded from income support. [41436/10]
Amharc ar fhreagraThe habitual residence condition was introduced in order to ensure that a person, who has had no attachment to the work force since arrival in Ireland and whose habitual residence is elsewhere, would not be entitled to payment under certain exchequer-funded schemes on arrival in Ireland.
Decisions concerning habitual residence are subject to five factors which have been laid down by the European Court of Justice, and which are now incorporated into our domestic social welfare legislation. The five factors are:
(a) the length and continuity of residence in the State or in any other particular country;
(b) the length and purpose of any absence from the State;
(c) the nature and pattern of the person's employment;
(d) the person's main centre of interest, and
(e) the future intentions of the person concerned as they appear from all the circumstances.
There is currently no discrimination on grounds of nationality in social welfare legislation and to introduce such a provision would be contrary to the equality principles that Ireland has adopted in our own equality legislation, and that we are obliged to respect by virtue of other international conventions.
Irish nationals returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the Habitual Residence Condition.
