Written Answers - Social Welfare Code

Tuesday, 10 May 2011

Dáil Éireann Debate
Vol. 731 No. 5

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  71.  Deputy Caoimhghín Ó Caoláin  Information on Caoimhghín Ó Caoláin  Zoom on Caoimhghín Ó Caoláin   asked the Minister for Social Protection  Information on Joan Burton  Zoom on Joan Burton   her views that the habitual residence rule discriminates against persons with disabilities. [10439/11]

[850]Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton  Zoom on Joan Burton  The 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:

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. I am not aware of any particular difficulties arising regarding the habitual residence condition and persons with disabilities. If the Deputy has particular cases in mind, I will have these examined.

Question No. 72 answered with Question No. 58.

Question No. 73 answered with Question No. 54.


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