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 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

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

What is habitual residence?

The term habitually resident is not defined in either Irish or EC law, but it is intended to convey a degree of permanence evidenced by a regular physical presence enduring for some time, beginning at a date usually in the past and intended to continue for a period into the foreseeable future. It implies a close association between the applicant and the country from which payment is claimed and relies heavily on fact.

Habitual residence cannot be determined simply by reference to a specific period of residence in a country. The length and continuity of a person's residence must be considered along with other factors.

The following are the relevant factors which have been set down in Irish and European law:

• 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 read more details about the Habitually Residency Condition here.

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 Residence 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.

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.