Residence requirements for social assistance in Ireland

Information

You must be habitually resident to qualify for social assistance payments in Ireland. Social assistance payments are payments 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 the rules for each scheme to qualify. You can find out more about social welfare in Ireland.

Rules

To qualify for a social assistance payment you must be habitually resident in Ireland.

What is habitual residence?

Habitual residence means you have a proven close link to Ireland. Proving you are habitually resident relies heavily on fact. If you have lived in Ireland all your life, you will probably have no difficulty showing that you satisfy the factors which indicate habitual residence – see list below.

The term habitually resident is not defined in either Irish or EC law. However, the following 5 factors, which have been set down in Irish and European law, will be examined to find out if you are habitually resident in Ireland:

• Length and continuity of residence in Ireland or other parts of the Common Travel Area 
• Length and purpose of any absence from Ireland or the Common Travel Area 
• Nature and pattern of employment
• Your main centre of interest
• Your future intentions to live in Ireland as it appears from the evidence.

You can find out more about the Habitually Residency Condition.

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

EEA nationals

People who are EEA citizens or Swiss nationals and employed or self-employed in Ireland and subject to the Irish Social Insurance system or are getting Irish Jobseeker's Benefit do not have to satisfy the habitual residence condition to qualify for Family Benefits.

However, EEA citizens or Swiss nationals who move to Ireland in search of employment are subject to the habitual hesidence condition in the normal way while looking for work.

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.

If you are an EEA national and can be considered an EU migrant worker, you will be entitled to Supplementary Welfare Allowance under the same conditions as Irish nationals. To be considered an EU migrant worker you must be in genuine employment (not casual work) since coming to Ireland.

Asylum seekers

Asylum seekers are not regarded as habitually resident.

Unlawful residence

If you do not have a legal right of residence in this State, you will not be regarded as habitually resident.

Who decides whether an applicant is habitually resident? 

Statutorily appointed Deciding Officers (or Community Welfare Officers in the case of Supplementary Welfare Allowance) will decide whether you satisfy the habitual residence condition.

It is possible to bring an appeal against the decision of a Deciding Officer to the independent Social Welfare Appeals Office. In the case of the Supplementary Welfare Allowance, you can appeal a decision to a Health Service Executive (HSE) Appeals Officer and, if necessary, subsequently to the Social Welfare Appeals Office.