Dáil Éireann Debate, Wednesday - 8 July 2026
132. Deputy Carol Nolan asked the Minister for Social Protection further to Parliamentary Questions Nos. 536 of 30 June 2026 and 624 of 16 June 2026, to outline the factors which are examined and the thresholds which must be satisfied under the criterion of the 'nature and pattern of employment' as part of satisfying the habitual residence condition. [52165/26]
Amharc ar fhreagraThe five factors which are examined for HRC purposes are as follows: 1) length and continuity of residence in Ireland or in any other country 2) length and purpose of any absence from Ireland 3) nature and pattern of employment 4) the person’s main centre of interest and 5) future intentions of the person as they appear from the available evidence.
Regarding the factor ‘nature and pattern of employment’, the applicant’s employment record in Ireland and elsewhere is relevant together with any future plans a person may have. A person who has lived here for an appreciable time and is working legally in stable employment may be presumed to be habitually resident unless the person is a “posted worker” or it is otherwise clear that the work assignment here is for a limited period. Where the person is in that employment for at least a month or self-employed for at least six months they will normally satisfy the habitual residence condition while that employment is ongoing.
Responses to the following assist in determining this aspect of the five factors:
• is the person an international worker, that is, have they been posted to Ireland by their employer for a limited period or is their assignment in this country for a limited period?
• is the work full-time or part-time?
• how many hours per week are worked?
• is the work short-term/seasonal, for example au-pair, farm work?
• is there a history of short-term seasonal work?
• what is the nature of the employment contract?
• how long has the employment lasted?
• have there been previous contracts with the same employer?
• For self-employment to be recognised it must be registered with the Revenue Commissioners and proof of registration must be provided, for the business to be regarded as bona fide self-employment of an ongoing nature which was in existence before any claim for social welfare was made.
• EU/EEA citizens exercising their right of free movement, whose right of residence is based on the fact that they have come to Ireland seeking employment, are not entitled to access social assistance payments unless/until they have obtained work.
• It is important to note that the five factors are not exhaustive and, no one factor is decisive, and it is not necessary for a person to score strongly on all five factors in order to get a positive decision.
• All relevant circumstances are considered. Each applicant’s claim is assessed on its own merits and the HRC decision is based on the application of the legislation and guidelines to the individual.
• I trust this clarifies the matter for the Deputy.
