The Habitual Residency Condition
What is the habitual residency condition?
The habitual residency condition (HRC) requires that any applicant for a social welfare payment in Ireland, regardless of nationality, must show that they are habitually resident in Ireland or the Common Travel Area. Applicants who have not lived in Ireland or any part of the Common Travel Area for the previous two years or more will have to show documentary evidence that Ireland is now their “centre of interest.”
It is important to be aware that there is a presumption that the applicant is not habitually resident in the State at the time of making the application until the contrary is shown by him or her. The onus is on the applicant to prove that s/he is habitually resident in the State.
Who is likely to be affected?
This is an important issue for Irish residents who are returning home because, to be eligible to receive Social Assistance payments in Ireland, returned immigrants must meet the HRC requirement by proving that their main center of interest is now in Ireland.
Generally an applicant who has been present in Ireland for the preceding 2 years or more, works here and has a settled intention to remain in Ireland and make it his/her permanent home will satisfy the habitual residence condition. Returning immigrants will need to be prepared to document that it is their intention to remain in Ireland permanently, that they have no further interest in the US that they do not have a home or a job there.
Important Note: An applicant who satisfies the habitual residence condition must also satisfy the other conditions of entitlement in order to receive the payment claimed. Satisfying the habitual residency condition does not in and of itself qualify an applicant for a payment.
What payments are subject to the habitual residency condition?
Since May 2004 the following payments are now subject to a habitual residency condition:
- Unemployment Assistance
- Old Age Non-Contributory Pension
- Blind Pension
- Widow(er)'s and Orphan's Non-Contributory Pensions
- One-parent Family Payment
- Carer's Allowance
- Disability Allowance
- Supplementary Welfare Allowance (other than once-off exceptional and urgent needs payments) and
- Child Benefit
How to prove Ireland is your centre of interest
The United States is not part of the Common Travel area so meeting the Habitual Residency Requirement is somewhat of a hurdle for some immigrants who are returning from the U.S. Some documents that would help to show that Ireland is now their center of interest include:
- Showing that they have a home in Ireland, a lease or a mortgage in their name, a letter from family stating that they are living with them
- A letter from an employer or documentation showing what they have been doing to try to get work
- Letters and written statements from friends, family, priests, community leaders and organizations that show close community ties in Ireland
- Get a PPS number if you do not have one
- Join clubs or organizations and show proof of this
How to prove you've cut your ties with the US
Documentation that immigrants can use to show that they have cut their ties with the US includes:
- Document that they have terminated their tenancy or sold their house in the US.
- Letter of resignation or a letter, on letterhead, from a US employer stating that employment has ended.
- Deportation paperwork
- Proof that they purchased a one way ticket
- Proof of a closed bank account and/or other key accounts in their name (electric, gas, telephone)
- Letters from their children’s schools indicating that they have withdrawn them.
- Letters from doctors, dentists etc. showing that they have terminated with them and/or requested records.
- Letter from an Irish Center outlining their circumstances and their stated intent to return to Ireland permanently.
Keep your documents together
Immigrants who have been living in the USA for a number of years and who will be applying for Social Assistance payments, including Child Benefit, when they move home to Ireland are advised to gather and bring the appropriate documents with them as it can be difficult to gather them once they have left the United States. Mail the packet in advance to a trusted friend or relative who will keep it safe until the immigrant gets home. This may be more important for some clients who are less organized, or suffer from mental health issues, but is probably a good idea for everyone because paperwork can easily be misplaced in chaos of moving.
Include a letter on a US Irish Center’s letterhead that outlines the client’s circumstances and confirms that Ireland is their stated center of interest with contact information for the Center.
What if you are denied benefits?
Decisions can be appealed to the independent Social Welfare Appeals Office or in the case of Supplementary Welfare Allowance to a Health Board Appeals Officer and if necessary to the independent Social Welfare Appeals Office.
Further information
For further information before you leave the US contact your local Irish Center. To find the Center in your area check the Coalition of Irish Immigration Centers website.
Contact the Department of Social and Family Affairs, Information Services in Ireland at 01-7043000, by sending an e-mail to info@welfare.ie and on their website
Contact Crosscare Migrant Project in Dublin to seek assistance if benefits are denied to get assistance with filing an appeal. Senior citizens, on limited incomes who want to return to Ireland can seek help to access affordable housing and get information on the HRC requirement from The Safe Home Programme.
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