Moving to Ireland: Rights of Residence in Ireland, Introduction to the Irish System, Working in Ireland, Studying in Ireland, Practical issues when travelling to Ireland, Returning to Ireland.

Information
Since 1 May 2004, there has been a change to the way in which you may qualify for social assistance payments in Ireland. Social assistance payments are payments primarily designed for people who do not have enough social insurance (PRSI) contributions to qualify for the equivalent social insurance-based payments.

The social welfare system in Ireland is divided into three main types of payments. These are:

• Social insurance payments: (for example, Jobseeker's Benefit)
• Means-tested payments: (for example, Jobseeker's Allowance)
• Universal payments: (for example, Child Benefit)

With all social welfare payments in Ireland, you must satisfy specific personal circumstances that are set out in the rules for each scheme. Read more about social welfare in Ireland here.

Rules
What is "habitual residence"?
"Habitual residence" is intended to refer to a person's regular physical presence in Ireland. This physical presence endures for some time and usually (but not always) began at a date in the past and is intended to continue for a period into the foreseeable future.

What this means in practice is that, in general, if you have been present in Ireland for 2 years or more, work here and have a settled intention to remain in Ireland and make it your permanent home, you will satisfy the habitual residence condition. This habitual residency rule applies to everyone, regardless of his or her nationality.

If you have lived in other parts of the Common Travel Area (Northern Ireland, England, Scotland, Wales, the Channel Islands and the Isle of Man) for two years or more and then move to Ireland with the intention of settling here, you are also quite likely to satisfy the habitual residence condition.

The onus is on you to prove that you have been habitually resident in either Ireland or the rest of the Common Travel Area.

Residence is considered to be more a settled state than mere physical presence. So, for example, taking a short holiday of say 2 to 3 weeks in each year abroad you will not be regarded as breaching the requirement to be continuously present in Ireland or the Common Travel Area.

The European Court of Justice (ECJ) has established a number of factors to be considered when considering whether someone is habitually resident. The Court has decided that 5 factors are relevant in determining whether a person is habitually resident. The Court also emphasised that the following list of factors is not exhaustive. The five factors are:

• The applicant's main centre of interest
• The applicant's length and continuity of residence in a particular country
• The applicant's length and purpose of absence from a country
• The applicant's nature and pattern of employment in a country
• The applicant's future intention, as it appears from all the circumstances.
• This list is not exhaustive and further enquiries by the relevant authorities may be needed. The circumstances of each case will dictate what information is needed.

What social assistance payments are affected by the habitual residence rule?
You must be habitually resident in Ireland to qualify for the following payments:

• Jobseeker's Allowance
• State Pension (Non-Contributory)
• Blind Pension
• Widow(er)'s Non-Contributory Pension and Guardian's Payment (Non-Contributory)
• One-Parent Family Payment
• Carer's Allowance
• Disability Allowance
• Child Benefit
• Supplementary Welfare Allowance (other than once-off exceptional and urgent needs payments). EU/EEA workers will satisfy the habitual residence condition but people from the EU/EEA who move to Ireland in search of employment are subject to the habitual residence test in the normal way while looking for work.

EU Regulations and habitual residence
EU/EEA citizens and Swiss nationals who are employed or self-employed in Ireland and subject to the Irish Social Insurance system, do not have to satisfy the habitual residence condition to qualify for Family Benefits. The following Irish social welfare payments are classified as Family Benefits under EU Regulations:

• One-Parent Family Payment
• Guardian's Payment (Non-Contributory)
• Family Income Supplement
• Child Benefit.

Who decides whether an applicant is habitually resident?
Statutorily appointed Deciding Officers (or in the case of the Supplementary Welfare Allowance, officers of the Health Service Executive (HSE) who are authorised to determine entitlement) will decide whether you satisfy the habitual residence condition. It is possible to bring an appeal against their decision to the independent Social Welfare Appeals Office or in the case of the Supplementary Welfare Allowance, to a HSE Appeals Officer and if necessary subsequently to the Social Welfare Appeals Office.

The above information has been kindly provided by http://www.citizensinformation.ie