More than 1,600 Irish citizens and returning emigrants have been refused welfare benefits under restrictions introduced by the Government aimed at preventing "welfare tourism" by immigrants.
A requirement to be habitually resident in Ireland was introduced as a condition for most forms of social assistance before the accession of Poland and other new EU members states three years ago.
However, new figures show the restrictions have affected 1,629 returned Irish emigrants and other Irish citizens who have not been living here on a regular basis.
Emigrant support groups yesterday said Irish people were being unfairly treated and that many emigrants were wary of returning as a result.
Joe O'Brien of Emigrant Advice said: "It's something that needs to be tackled immediately because it's unacceptable that returning Irish emigrants should be refused the safety and the protection of the welfare system here on their return."
"The restrictions are unfair because they don't take into account how long a person may have lived here prior to the welfare rules changing. As a result, we've asked the department to make alterations to the application of the habitual residency condition."
The Department of Social and Family Affairs said 90 per cent of Irish people who return to the State and seek social assistance have their applications accepted. It said genuine applicants should not have difficulty accessing social welfare.
However, Emigrant Advice is aware of a number of cases of returned emigrants and missionaries who have been refused social assistance.
Vincent Lavery (71), from Dún Laoghaire, who spent 35 years as a teacher in California, is one of them. He returned to Ireland last year and was refused social welfare.
"I didn't come back with the intention of drawing assistance. It was only when I found they wouldn't recognise my teaching qualifications that I looked for the State pension. But I was denied it on the basis that I must be receiving a pension in the US, which I wasn't," he said yesterday.
After nine months of lobbying, living on a credit card and borrowing from friends, he is now being paid the non-contributory pension. However, he is still awaiting back-dated payments for the last nine months.
The department said welfare rules cannot discriminate between Irish and EU citizens. However, it said Irish citizens returning to live here on a permanent basis should not experience difficulties accessing welfare because of qualifying factors which include an assessment of the claimant's main centre of interest and future intentions.
