Social Welfare and Pensions Act 2007

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Habitual residence condition — amendment.

30.— Section 246 of the Principal Act is amended by inserting the following after subsection (3):

“(4) Notwithstanding the presumption in subsection (1), a deciding officer or the Executive, when determining whether a person is habitually resident in the State, shall take into consideration all the circumstances of the case including, in particular, the following:

(a) the length and continuity of residence in the State or in any other particular country;

(b) the length and purpose of any absence from the State;

(c) the nature and pattern of the person’s employment;

(d) the person’s main centre of interest; and

(e) the future intentions of the person concerned as they appear from all the circumstances.”.