Dáil Éireann Debate, Wednesday - 24 June 2026
216. Deputy Carol Nolan asked the Minister for Social Protection if his Department records the number of applicants who fail the habitual residence condition each year, disaggregated by nationality; and if not, the reason this information is not collected; and if he will make a statement on the matter. [47973/26]
Amharc ar fhreagraA customer's place of birth is asked as part of the Habitual Residence Condition assessment, and informs the deciding officer as to the totality of the customer's circumstances, but is not itself a determining factor as to whether a person satisfies the Habitual Residence Condition. To satisfy the Habitual Residence Condition the customer must:
• have the right to live in the State with permission to access social welfare services and
• show that they are habitually resident using the five factors outlined in legislation.
• The five factors are:
• how long they have lived and intend to continue living in Ireland or in any other country;
• the length and reason for any absence from Ireland;
• the nature and pattern of their employment;
• their main place of interest;
• their future intentions to live in Ireland as it appears from the evidence.
• My Department operates over ninety schemes and services, across a number of different operation systems. Different eligibility criteria apply to different schemes, and multiple reasons for claim refusal may apply to each individual claim. How these instances are treated varies according to the operational systems in question. It is not currently possible to disaggregate reasons for claim refusal.
