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Information on Habitual Residence Condition

There is some valuable information for immigrants who are returning to Ireland in the Crosscare Migrant Project newsletter this month. It is below for your information. Please advise returning immigrants accordingly and advise them to seek assistance from Crosscare if their application is denied:

Crosscare Migrant Project has had a number of returning Irish clients who at initial presentation to their local social welfare office or community welfare officer were verbally told that there was no point in applying as they would not satisfy the Habitual Residence Condition (HRC).

In a number of cases this has resulted in the person not making an application based on the misinformation that they would not be entitled to a payment.  Such instances have involved only cursory enquiries into the person’s circumstances by the officer.

A person has a right to make a written application and should insist on making one if they feel they are entitled to a payment so that the full circumstances of their case can be properly examined.  Applicants also have the right to written reasons for refusals.

Verbal interactions that do not involve written applications or explanations are generally not recorded and do not show up on the already considerable statistics of Irish people who are refused a payment based on the HRC.

People should also be informed of their right to apply for a Supplementary Welfare Allowance payment while awaiting the outcome of their social welfare claim.

If you would like more information on the Habitual Residence Condition and how it may affect a returning Irish citizen, or if you are aware of any cases of Irish people refused a payment based on failure to satisfy the HRC, please get in touch with us.

See the whole newsletter at http://migrantproject.ie/documents/ReturningtoIrelande-bulletin-No.3September2010_000.pdf

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