Tuesday, 9 October 2018

Ceisteanna (481)

Tom Neville


481. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) who has been working full-time here since 2016 has not been considered habitually resident in respect of their supplementary welfare application; if this decision will be reviewed; and if she will make a statement on the matter. [40772/18]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Employment)

The customer made an application for Supplementary Welfare Allowance on 21 August 2018. The claim was disallowed as the customer was not habitually resident. A decision issued to the customer on 20 August 2018.

The applicant has requested an appeal which has been referred to an Appeals Office who will make a decision based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Under Social Welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers.

Each assistance claim receives a determination in relation to the Habitual Residence Condition in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case.

The determination of a person’s habitual residence is made in accordance with five factors which are set out in legislation, as follows:

(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.

These five factors have been derived from European Court of Justice case law, and are generally sufficient to enable the deciding officer to determine whether a person’s present circumstances in Ireland indicate a temporary visit or habitual residence.