IRISH CITIZENS are being left homeless because they are being refused social welfare payments on the basis that they are not habitually resident in the State, an NGO (non-governmental organisation) has claimed.
More than 3,300 Irish people have been refused social welfare and other benefits in the past six years because they did not fulfil conditions set down by the habitual residence condition (HRC).
At least 95 Irish citizens have been refused social welfare payments so far this year because they did not satisfy the HRC.
However, the true figure cannot be ascertained as the figure does not include claims for payments disallowed in social welfare local offices, which now process all applications due to industrial action earlier this year.
Joe O’Brien of the Cross Care Migrant Project said that vulnerable returned Irish emigrants were being caused “unacceptable suffering” because their previous connections to this country were not being recognised.
He said that figures stated by the Department of Social Protection were “only a very small part of the picture” and highlighted the cases of returning Irish emigrants who find themselves penniless.
He said the NGO was aware of three cases where returned Irish people were now homeless because they did not meet the HRC. Mr O’Brien said many of the emigrants who left Ireland in the 1970s and 1980s, who would have provided support to their families in Ireland, are now being refused State support.
“In officialdom here, there is a lot of importance placed on the diaspora and the importance of our emigrants abroad, so I think it is only consistent that when they try to come back, we try to support them on their return.”
He said that, due to the global recession, many Irish people being forced to leave the country may face this problem if they can’t get work elsewhere.
Michael Ring, Fine Gael spokesman for social protection, said that Irish people were being unfairly denied State support due to “a crude cost-saving measure”.
“That Bill, when it came through the Dáil at that time, it was made very clear that the habitual residence condition was to deal with welfare tourism.
“In the last six months there seems to be a new directive from the department – they seem to have tightened up in relation to this and this is affecting Irish emigrants . . . who had to leave because they had no other choice.”
He said that this included people returning to Ireland to care for sick or elderly loved ones, “even though they are saving the State large sums of money by providing voluntary care”.
Mr Ring said he would now be calling on Minister for Social Protection Éamon Ó Cuív and officials dealing with the HRC, to come before the Oireachtas Committee on Social Protection when the Dáil resumes in September to discuss the issue.
A spokeswoman for the Department of Social Protection said the purpose of the habitual residence condition was to safeguard the social welfare system from abuse by restricting access for people who are not economically active and who have little or no established connection with Ireland.
“The vast majority of Irish nationals applying for social welfare support satisfy the habitual residence condition. Difficulties might arise however if, for example, it seems that the person’s main centre of interest is still abroad – eg they have a spouse living abroad or still own property abroad.”
“Exempting Irish nationals from satisfying the habitual residence condition would be contrary to the equality principles that Ireland has adopted in equality legislation.
“It would also be contrary to EU law to exempt Irish nationals from the HRC and not exempt other EU nationals on the same basis,” she said.
However, Mr O’Brien said that the status of a returning emigrant should not impact on the laws already set down and that an insertion of specific guidelines to deal with people in this category would solve the problem.