S.I. No. 184/2004 - Social Welfare (Miscellaneous Provisions) Act, 2004 (Section 17) (Commencement) Order, 2004

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by section 1 (4) of the Social Welfare (Miscellaneous Provisions) Act, 2004 (No. 9 of 2004), hereby orders as follows:

Citation.

1.  This Order may be cited as the Social Welfare (Miscellaneous Provisions) Act, 2004 (Section 17) (Commencement) Order, 2004.

Commencement.

2.  The 1st day of May 2004 is appointed as the day on which section 17 of the Social Welfare (Miscellaneous Provisions) Act. 2004 (No. 9 of 2004) comes into operation.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order provides for the commencement of Section 17 of the Social Welfare (Miscellaneous Provisions) Act, 2004 with effect from 1st May 2004.

Section 17 provides for the introduction of Habitual Residence as a condition for qualification to certain social welfare payments.

This condition will require a person who makes an application for social assistance, on or after 1st May 2004, to be habitually resident in the State or the rest of the Common Travel area (Great Britain, Northern Ireland, the Channel Islands and the Isle of Man) for a substantial continuous period. If he or she has been present in the State for less than the 2 year period it shall be presumed that he or she is not habitually resident, and the onus will be on him or her to prove otherwise.

The habitual residence condition will apply to the following social assistance payments:

*  Unemployment Assistance

*  Old Age (Non-Contributory) and Blind Pensions

*  Widow(er)’s and Orphan’s (Non-Contributory) Pensions

*  One-parent Family Payment

*  Carer’s Allowance

*  Disability Allowance

*  Supplementary Welfare Allowance (other than once off exceptional and urgent needs payments)

It will also apply to persons claiming Child Benefit.