Social Welfare Consolidation Act 2005 section 246

Provisions with respect to habitual residence

Section 246 sets out the habitual residence condition that a person must satisfy in order to qualify for certain social welfare payments, including the factors used to assess habitual residence and the categories of persons who do or do not have a right to reside in the State.

• A person must be habitually resident in Ireland both at the date of application and on an ongoing basis; EU/EEA workers, the self-employed, and their family members may also satisfy the condition while residing in Ireland under EU free movement rules.
• When assessing habitual residence, a deciding officer must consider all the circumstances, including length and continuity of residence, purpose of any absences, employment patterns, the person's main centre of interest, and future intentions.
• A person who does not have a right to reside in Ireland cannot be treated as habitually resident; those with a right to reside include Irish citizens, EU/EEA nationals exercising free movement rights, recognised refugees, subsidiary protection holders, programme refugees, and persons with immigration permissions from the Minister for Justice.
• Certain persons — such as asylum applicants awaiting a decision, persons refused refugee status or subsidiary protection, and persons subject to a deportation order — are expressly excluded from being regarded as habitually resident, and any person granted a declaration or permission is not treated as habitually resident for any period before that grant.