Dáil Éireann Debate, Wednesday - 18 May 2022
136. Deputy Mattie McGrath asked the Minister for Social Protection if an Irish citizen who emigrated abroad but who has recently returned home due to bad health to be near their family is entitled to a social welfare payment; if the habitual residency clause as an Irish citizen is satisfied in cases in which they only have family connections living here; and if she will make a statement on the matter. [25003/22]
Amharc ar fhreagraThe Habitual Residency Condition (HRC) is one of the qualifying criteria for social assistance schemes in Ireland and it applies to everyone who makes a claim for such a payment, including Irish citizens.
There is no minimum period of residence in the State required to satisfy HRC. Each person’s claim is considered on its own merits and within the terms of the relevant scheme guidelines.
HRC comprises of two elements and unless a person satisfies both parts of the condition they cannot be regarded as habitually resident in this country.
Deciding Officers, when determining whether a person is habitually resident for social protection purposes, must take into consideration all of the person’s circumstances including the following -
Whether or not the person has an right to reside in the State; and
An assessment of the person's situation and intentions using five factors, which are outlined under Section 246 (4) of the Social Welfare Consolidation Act 2005, as amended, i.e.:
the length and continuity of residence in Ireland or in any other particular country
the length and purpose of any absence from Ireland
the nature and pattern of the person’s employment
the person’s main centre of interest
the future intentions of the person concerned as they appear from all the circumstances.
It should be noted that those five factors are not exclusive and other information considered relevant may also be used in arriving at a decision.
The person in question should contact their local Intreo office or the National Intreo Contact Centre (ph: 01 704 3000) or consult the Department's website at www.gov.ie/welfare for more information on the types of claims that they may be eligible to apply for.
I hope this clarifies the matter for the Deputy.
