THE GOVERNMENT has issued new guidelines to staff working in social welfare offices to try to prevent hundreds of returning emigrants from being unfairly refused welfare under residency rules.
At least 650 Irish citizens who returned from abroad to live in Ireland were refused social welfare last year for failing to meet the habitual residence condition – a set of rules introduced to prevent welfare tourism within the EU.
In 2009, a further 738 Irish citizens were refused welfare for failing to meet the complex residency rules, which measure a person’s connection to the State to assess if they should get welfare.
The true number of returning emigrants denied payments is probably much higher because the Health Service Executive does not compile statistics for the number of people refused supplementary welfare allowance – an emergency payment commonly paid to those people most in need of support.
The new guidelines issued by the Department of Social Protection state: “Returned emigrants or retired missionaries who have chosen to resettle in Ireland should be considered to have their main centre of interest here.”
Minister for Social Protection Joan Burton said the guidelines should make it clearer that returned emigrants are likely to be entitled to a welfare payment: “There are no changes in the rules . . . but the guidance will make it easier for staff to identify who is entitled to a payment.”
Groups lobbying on behalf of returning emigrants, such as the Crosscare Migrant Project, and Free Legal Advice Centres have led a vocal campaign against the habitual residence condition.
They say more than 3,500 Irish citizens have been refused welfare payments based on misinterpretations of the residency rules by social welfare staff since 2004.
The assessment for habitual residence is based on an analysis of five factors measuring connection to the country:
- Length and continuity of residence in Ireland or in any other particular country;
- Length and purpose of any absence from Ireland;
- Nature and pattern of employment;
- Applicant’s main centre of interest;
- Future intentions of applicants as they appear from all the circumstances.
The habitual residence condition was introduced in 2004 to meet concerns that EU enlargement would lead to welfare tourism. The then social and family affairs minister Mary Coughlan said returning emigrants should not be affected.
But, over the past seven years, a growing body of evidence has been uncovered by NGOs, showing that many returning emigrants were falling foul of the residency rules.
Joe O’Brien, policy officer at Crosscare Migrant Project, welcomed the new guidelines yesterday.
“They give a much better reflection of the connection returned emigrants have with Ireland. However, guidelines are only part of getting it right. Translating guidelines into proper practice is the big challenge for a department where a lot of change is happening,” said Mr O’Brien.