Dáil Éireann Debate, Tuesday - 24 February 2026
730. Deputy William Aird asked the Minister for Social Protection the supports available to returning emigrants who do not meet the criteria for habitual residence condition; and if he will make a statement on the matter. [15173/26]
View answerEmigrants who are returning to reside in Ireland have the same entitlement to access social welfare payments as Irish people who already reside in the country. If the returning emigrant does not have an entitlement to a social insurance contribution-based payment, they may have an entitlement to a means tested social assistance payment, subject to meeting all other scheme conditionality, including the habitual residency condition (HRC).
The term habitually resident is not defined in Irish law. In practice it means that the person has a proven close link to Ireland. Factors that can be considered in establishing whether a person satisfies HRC include:
The purpose of the emigrant’s return;
Is Ireland the returning emigrant’s main centre of interest;
The length and continuity of the returning emigrant’s previous residence in the State;
The returning emigrant’s record of employment or self-employment in the State and another State.
It should be noted that this is not an exhaustive list of factors.
If the returning emigrant does not satisfy HRC, they may have access to the Additional Needs Payment scheme available under Supplementary Welfare Allowance. However, this payment is means tested and is a once off non-recurring payment.
If the Deputy has a particular case in mind, he can bring it to the attention of my Department by emailing: ims@welfare.ie
I trust this clarifies the matter for the Deputy.
