Returning Irish Warned About Welfare

Irish Voice News

Returning Irish Warned About Welfare

February 14, 2008

By Cahir O’Doherty

EMIGRANTS considering returning to Ireland are being warned that almost 1,700 Irish citizens have recently been refused social welfare benefits due to tighter restrictions on payments introduced by the Irish government.

The Habitual Residence Condition (HRC) means that an applicant must now prove they are habitually resident in Ireland. The condition, which applies to most forms of social welfare, was introduced before 10 new EU member states joined the European Union in May 2004. The restrictions were aimed at preventing so-called “welfare tourism” by foreign-born immigrants.

Although the feared influx of “welfare tourists” never materialized, the HRC requirement remains on the books. The latest official figures show that the restrictions have affected 1,684 returned Irish emigrants and other Irish citizens who had not been living in the Republic on a regular basis.

In total about 10% of claims from Irish citizens requiring detailed examination to determine if they had complied with the HRC rules have been rejected.

Joe O’Brien, spokesperson for the group Crosscare Migrant Project in Dublin told the Irish Voice, “In 2004 the government released a new rule. You have to prove that Ireland is your center of interest in order to get certain kinds of social welfare payments. There’s now evidence to suggest that returning Irish emigrants are being refused payments, even when they say they’re returning permanently.”

In one recent case, a returning Irish emigrant had to wait for a year, even going so far as to outline his case on national television, before the Department of Social Welfare admitted they had made a mistake.

New criteria are used to judge a returning emigrant’s social welfare application, including length of residence in the other state, length of residence in Ireland and place of birth. The key criteria is what they call “center of interest” meaning does the candidate look like they will continue to live in Ireland, That decision usually comes down to the social welfare officer’s personal opinion.

Says O’Brien, “What Social Welfare are saying is that if an Irish person leaves the U.S. permanently and comes back to Ireland, and it’s clear that they’ve cut all ties, then there will be no problem.

“But ironically when returning Irish emigrants contact my organization we strongly encourage them to maintain those ties. Ireland has changed enormously from what it was even 10 years ago. Not everyone who comes back decides to stay.

“Our advice is don’t terminate the lease on your apartment, don’t terminate your bank account, because things might not work out. But unfortunately maintaining your old ties will more than likely get you disqualified for social welfare payments here.”

Irish groups such as the Free Legal Advice Centers (FLAC) have lamented what they claim are cases of the HRC rules being applied inconsistently. Director general of FLAC Noeline Blackwell, told the Irish Voice, “There is no need for the habitual residence condition at all. It was introduced in fear that new EU citizens would flood the Irish welfare system. This did not happen. Most people who came and who continue to come from the new EU countries want to work, and do so.”

If an Irish person comes back to Ireland to care for elderly relations for example then their centre of interest is in Ireland, for as long as they are here and that should be recognized, Blackwell claimed.

For some returning Irish emigrants the changes can be hard to take in.

“It comes as quite a shock to people who have emigrated from here over the years when we tell them that they may no longer get support from the state,” said O’Brien. “Your passport still entitles you to return but there may be no social net if you become unemployed.”

Officials from the Department of Social and Family Affairs say that EU legislation prohibits discrimination between nationals of different member states in relation to social welfare entitlements. If Irish nationals who are not normally resident in the Republic were allowed to claim benefits while on short visits home, this entitlement would have to be extended to all EU nationals, they claimed.

Meanwhile, it is understood new guidelines will be introduced in the Oireachtas (Irish Parliament) within weeks to try to ensure a more consistent application of the HRC.

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