We must rethink attitude on welfare for returned migrants

ANALYSIS: AT A time when tens of thousands of Irish citizens are being forced to move abroad in search of work, it is surprising…

ANALYSIS:AT A time when tens of thousands of Irish citizens are being forced to move abroad in search of work, it is surprising to discover returning emigrants are being refused emergency welfare.

Seán’s story, recounted below, raises serious questions about the attitude of the community welfare service run by the Health Service Executive (HSE) to Irish citizens who have worked abroad.

The logic of the refusal letter issued to Seán is he should not consider returning home at a time when unemployment is high. And if he decides to stay, the State has no obligation to provide for his basic material needs.

Crosscare, a charity that helps returning emigrants reintegrate into Irish life, says the reasoning in the letter is “outrageous and shocking”.

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Seán has appealed the decision and faces several months waiting to see if it will be overturned.

When deciding a person’s claim for welfare, community welfare officers must consider whether they comply with the habitual residence condition – a rule introduced in 2004 to guard against “welfare tourism” from the new EU states. This assessment is based on five factors that measure a person’s 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; and

* Future intentions of applicant as they appear from all the circumstances.

Nowhere do the rules refer to the state of the economy. And when the habitual residence condition was introduced in 2004, then social and family affairs minister Mary Coughlan said returning emigrants should not be affected. But there is evidence returning emigrants are being refused welfare on the basis that the Irish economy is weak.

At least 2,576 emigrants were refused because they did not satisfy the habitual residency rules between 2005 and 2009. Last year, 277 appeals were submitted to the Social Welfare Appeals Office.

Crosscare says it experienced a fivefold increase in returning emigrants with habitual residency problems last year. In the year to end October 2010, it dealt with 51 Irish people who had been refused welfare. In two cases, Irish returning emigrants were left destitute and homeless.

Anne Vaughan, assistant secretary at the Department of Social Protection, rejected a suggestion they are being wrongly refused payments due to the poor state of the economy at an Oireachtas committee last year. She admitted the rules are complex, which can lead to mistakes in interpretation. New guidelines are being prepared, she added. For Seán and tens of thousands of emigrants, the new guidelines can’t come quickly enough. Whether they solve the problem remains to be seen.

CASE STUDY WELFARE DECLINED AFTER WORKING ABROAD

SEÁN RETURNED to Ireland following 2½ years working as a carpenter in the Isle of Man in October 2010.

Work had dried up on the island several months previously and he had used up his savings trying to find a new job.

Seán’s wife and child stayed behind in the village where they lived in rural Ireland when he left in 2006. Initially he went for a year to Northern Ireland, where he was born and bred, and then to the Isle of Man.

“I decided to come back and live with my wife and seven-year-old. In the Isle of Man there are no social benefits unless you have worked there for five years. When I got back I applied to the social welfare for supplementary welfare allowance,” he says.

“The whole application process was like an interrogation. I had to supply lots of bank details and papers. I was shocked and then they refused me. In the letter they said I should have stayed abroad and not come home,” he says.

“I think it is disgusting that you can be declined welfare on the basis that you went abroad for a few years. I really didn’t know how the system worked. A lot of young people are leaving now because there are no jobs. But will they ever be welcomed back? Obviously not if they need welfare,” he said.

“My wife, who is a nurse, was surviving on lone parents allowance at the time, although she recently picked up some part-time work. Life is a real struggle for the family because she is only getting €240 per week and I am not eligible for anything. I have appealed the ruling, but there is no sign of any money,” says Seán.

(Seán’s name has been changed to protect his identity)