What is the Habitual Residence Condition?
The Habitual Residence Condition (HRC) is a condition that you must satisfy in order to be eligible for most means tested social welfare payments in Ireland. It came into effect from May 1st 2004 following the enlargement of the European Union.
When deciding if you are habitually resident, the following five factors are considered by the Department of Social Protection:
- Your main centre of interest, based on facts such as:
- whether you own or lease a home here,
- where your close family members live,
- whether you belong to social or professional associations here, and
- any other evidence or activities indicating a settled residence in Ireland
- The length and continuity of residence in Ireland and in any other country
- The length and purpose of any absence from Ireland
- The nature and pattern of your employment
- Your future intention to live in the Republic of Ireland as it appears from all the circumstances.
Do I have to live in Ireland for 2 years before I can satisfy this condition?
No, you can be found habitually resident immediately on your return if you can show you are resuming your pervious residence here. There is no '2 year rule'.
How can the HRC affect me as a returning Irish citizen?
As the HRC is not based on nationality, you will need to satisfy this condition if you are returning to Ireland and applying for certain payments. It applies to both Irish citizens and Non-Irish citizens.
According to the Department of Social Protection Operational Guidelines, a person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.
This means that if you lived here previously, you could be found habitually resident on your return if you can prove that you have returned permanently and that your 'centre of interest' is once again in Ireland. It is up to you to provide evidence of this to satisfy the Department.
For which payments must I satisfy the HRC?
You must satisfy the HRC in order to qualify for the following payments:
- Back to Work Family Dividend
- Jobseeker's Allowance
- Jobseeker's Allowance Transitional payment
- State Pension (Non-Contributory)
- Blind Pension
- Blind Welfare Allowance
- Widow's, Widower's or Surviving Civil Partner’s (Non-Contributory) Pension
- Guardian's Payment (Non-Contributory)
- One-Parent Family Payment
- Carer's Allowance
- Disability Allowance
- Supplementary Welfare Allowance (other than once-off exceptional and urgent needs payments)
- Child Benefit (not means tested)
- Domiciliary Care Allowance
- Rent Supplement
Do I need to complete a form?
Yes, you will need to complete and submit a ‘HRC1’ form with each of your applications for any of the above payments. This form is available at your local social welfare office or online at: www.welfare.ie/en/pdf/hrc1.pdf.
What information can I provide to support my application?
Try to provide as much documentary evidence as possible to show that you are resuming your previous long-term residence here and that your 'main centre of interest' is once again Ireland. This could include information such as:
- Proof to show you have given up accommodation abroad (e.g. proof of ending your tenancy or selling your home)
- Proof of ending a job abroad, if applicable
- Proof of terminating any residency based benefits abroad or transferring transferable payments, if applicable
- Proof of travel documents such as a one way ticket
- Proof of transporting your belongings back to Ireland (e.g. excess baggage fees, removal or shipping receipts)
- Proof that your visa for the country you are returning from has expired, if applicable
- Proof of closing bank accounts abroad
- Proof of opening a bank account in Ireland
- Proof of registering to vote in Ireland
- Details of family members in Ireland
- Any other evidence of intentions to remain in Ireland for good. For instance - letters of support from family members confirming your permanent return to Ireland, proof of renting a property in Ireland, proof of seeking employment in Ireland (both prior to and following your return), proof of enrolling your children in school here, proof of registering with a GP, proof of exchanging your driving licence, proof of joining any local groups …etc.
You could also consider including a cover letter with your application detailing your circumstances. Contact us if you would like more information about this.
What happens if I am refused a payment because of the HRC?
If you are refused a social welfare payment on the basis that you do not satisfy the HRC, you should be issued with a written refusal providing full reasons for the decision.
You then have a period of 21 days from the date of the refusal letter in which to submit an appeal to the Social Welfare Appeals Office in Dublin. In your appeal letter you should address the reasons given for the refusal and detail why you believe you are habitually resident in Ireland in line with the ‘5 factors’.
The website of the Social Welfare Appeals office is www.socialwelfareappeals.ie and the address is:
Social Welfare Appeals Office
Where can I find more information on the HRC?
- For more information on the HRC, go to the Department of Social Protection Website: www.welfare.ie
- The Department of Social Protection Operational Guidelines can be found here: http://www.welfare.ie/en/Pages/Habitual-Residence-Condition--Guidelines-for-Deciding-Offic.aspx.
Pay special attention to Section 6.2 and ‘Returning migrants or Resuming previous residence’.
- FLAC (Free Legal Advice Centres) have a factsheet on HRC which is available to download from: http://www.flac.ie/download/pdf/2012_flacsheet_on_hrc_september_2012.pdf
A leaflet containing all the above information is available by clicking here.