Dáil Éireann Debate, Thursday - 21 April 2011
91 Deputy Brendan Ryan asked the Minister for Social Protection her plans to amend the conditions of the habitual residence scheme; if so, when will it be announced and if she will outline its main objectives. [8920/11]
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.
I am satisfied that the habitual residence condition is achieving its intended purpose, allowing access to our social welfare schemes to persons who are genuinely and lawfully making Ireland their habitual residence, while preventing unwarranted access by persons who have little or no connection with the State. The Irish practice in relation to habitual residence is in line with the relevant EU Regulations. There are no plans to introduce any other changes to the habitual residence condition at this time. Its operation has been and continues to be monitored constantly by my Department.
