The term “habitually resident” is not defined in Irish law. In practice it means that the applicant has to have a proven close link to Ireland. The term also conveys permanence – that a person has been here for some time and intends to stay here for the foreseeable future.

We will try to simplify the main points around the topic of Habitual Residence as it relates to welfare applications in Ireland.

When making decisions on relevant welfare applications, deciding officers will look at all other qualifying conditions for the payment and then consider whether the applicant is Habitually Resident in the State.

You must be Habitually Resident to qualify for the following payments:
• Blind Pension
• Carer’s Allowance
• Child Benefit* (please see note)
• Disability Allowance
• Domiciliary Care Allowance
• Guardian’s Payment (Non-Contributory)
• Jobseeker’s Allowance
• One-Parent Family Payment
• State Pension (Non-Contributory)
• Supplementary Welfare Allowance
• Widow’s, Widower’s or Surviving Civil Partner’s (Non-Contributory) Pension

When assessing a welfare claim, firstly your right to reside in Ireland and other qualifying conditions are looked at, then when making a decision on Habitual Residence, the following 5 factors are examined:
• Length and continuity of residence in Ireland, past & present
• Length and purpose of any absence from Ireland
• Nature and pattern of employment
• Your main centre of interest
• Your future intentions to live in Ireland as it appears from the evidence

Applicants who are being assessed for Habitual Residency should provide as much back up documentation as possible with their claim/attach it to the HRC1 form. By backing up your claim with documentation, it will be easier and quicker for a deciding officer to assess your eligibility. When considering the relevant documentation to provide, consider the following categories:
(A) Proof that shows you have cut all ties with the country you have left
And
(B) Proof to show your links with Ireland and that you intend to remain here for the foreseeable future.
Some examples of helpful supporting documentation:
• Proof to show you have given up accommodation abroad
• Proof that you have cancelled or applied to cancel any non-transferable benefits
• Proof you have transferred or applied to transfer any transferable income
• If feasible, proof to show that you have closed your bank account/s abroad and that you have applied to open a bank account here
• 3 months back bank statements and closing statement/s
• Proof to show you have a tenancy in your own name (in Ireland)
• Proof of travel documents including, where relevant, excess baggage fees and removal/shipping receipts
• Details of family connections in Ireland and previous residency here
• Proof to show children are in school here
• Proof to show a car has been registered in Ireland
• Registration with a GP here
• Proof to show you have joined any local organisations/community groups
Exempt from the habitual residence condition
Certain people, in particular EEA nationals who are considered migrant workers, are exempt from the habitual residence condition – contact us for additional information on this or check www.welfare.ie
Note!
If you have moved to Ireland and already received a positive decision on Habitual Residency, this should carry through to subsequent claims unless there has been a significant change in circumstances since a new application was made.

The subject of Habitual Residence is a complicated one and each applicant’s case may differ depending on their individual circumstances.
Our Advice: Ensure that you have a good ‘paper trail’ of documentation that outlines your circumstances clear.
If you think that HRC may apply to you, take advice from an agency BEOFRE submitting any welfare claim.
We would advise that you contact us directly and we will be happy to call or email you back to discuss your own individual case – Contact us

You may wish to have a look at the Department of Social Protection website for full detailed information – www.welfare.ie 

The following agencies will also be a good source of Information:
www.citizensinformation.ie 
www.migrantproject.ie 

For a full outline of benefits and entitlements for older people living in Ireland, please see HERE.

The State Pension (Contributory) is paid to people from the age of 66 who have enough Irish social insurance contributions. It is not means-tested. You can have other income and still get a State Pension (Contributory). This pension is taxable but you are unlikely to pay tax if it is your only income.

No – Most means tested welfare payments are based on the applicant being considered Habitually Resident in the State. Please see HERE for additional information on residency requirements

If you qualify for a social welfare payment you get an amount for yourself, which is called the ‘personal rate of payment’.

You may also get an extra amount for your adult dependant (called a qualified adult) which is paid as an increase to your personal payment (called an Increase for a Qualified Adult or IQA). An adult dependant is usually your spouse, civil partner or cohabitant.

A cohabitant is one of two adults (whether of the same or opposite sex) who live together as a couple in an intimate and committed relationship and who are not close relatives.

The IQA is subject to other qualifying conditions and means testing. For more information on claiming for an adult dependent, see HERE

There are many different types of families and social welfare payments are designed to support those most in need of financial assistance. To find out more about the types of payments and qualifying conditions, please see:

www.citizensinformation.ie/en/birth_family_relationships/family_benefits_and_entitlements.html

For the latest information on social welfare rates in Ireland;

Have a look HERE for details of 2020 social welfare payment rates in Ireland
Full information on the range of social welfare entitlements operating in
Ireland can be found HERE