Social Welfare Act 2016

• Permanent Page URL

Provisions with respect to habitual residence

18. Section 246 of the Principal Act is amended—

(a) in subsection (6) —

(i) by the substitution of the following paragraph for paragraph (b):

“(b) a person who has the right under the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ) to enter and reside in the State or is deemed under those Regulations to be lawfully resident in the State;”,

(ii) by the substitution of the following paragraph for paragraph (c):

“(c) a person in relation to whom a refugee declaration within the meaning of the Act of 2015 is in force, or is deemed under that Act to be in force;”,

(iii) by the insertion of the following paragraph after paragraph (c):

“(ca) a person in relation to whom a subsidiary protection declaration within the meaning of the Act of 2015 is in force, or is deemed under that Act to be in force;”,

(iv) by the substitution of the following paragraph for paragraph (d):

“(d) a person who has been given, or is deemed under the Act of 2015 to have been given, a permission to enter and reside in the State under section 56 of that Act, where the permission concerned is in force;”,

(v) by the insertion of the following paragraph after paragraph (d):

“(da) a person who has been given, or is deemed under the Act of 2015 to have been given, a permission to reside in the State under section 57 of that Act, where the permission concerned is in force;”,

(vi) by the substitution of the following paragraph for paragraph (e):

“(e) a person who is a programme refugee within the meaning of section 59 of the Act of 2015 or is deemed to be a programme refugee under subsection (4) of that section;”,

(vii) by the substitution of the following paragraph for paragraph (f):

“(f) a person who has been given, or is deemed under the Act of 2015 to have been given, a permission to reside in the State under section 54 of that Act, where the permission concerned is in force;”,

(viii) in paragraph (h), by the substitution of “the Immigration Act 2004 ;” for “the Immigration Act 2004 .”, and

(ix) by the insertion of the following paragraph after paragraph (h):

“(i) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, where the permission concerned is in force.”,

(b) in subsection (7) —

(i) by the insertion of the following paragraph after paragraph (a):

“(aa) an applicant within the meaning of section 16 of the Act of 2015, or a person deemed to have made an application under that Act;”,

(ii) by the insertion of the following paragraph after paragraph (d):

“(da) a person who has made, or is deemed under the Act of 2015 to have made, an application under section 15 of that Act which has been refused by the Minister for Justice and Equality;”,

and

(iii) by the substitution of the following paragraph for paragraph (f):

“(f) a person in relation to whom a deportation order has been made, or has been deemed under section 51 of the Act of 2015 to have been made, under section 3(1) of the Immigration Act 1999. ”,

(c) in subsection (8) —

(i) by the substitution of the following paragraph for paragraph (a):

“(a) is given, or deemed under the Act of 2015 to be given, a refugee declaration under that Act,”,

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) is given, or deemed under the Act of 2015 to be given, a permission to enter and reside in the State under section 56 of that Act,”,

(iii) by the insertion of the following paragraph after paragraph (b):

“(ba) is given, or deemed under the Act of 2015 to be given, a permission to reside in the State under section 57 of that Act,”,

(iv) by the substitution of the following paragraph for paragraph (c):

“(c) is given, or deemed under the Act of 2015 to be given, a subsidiary protection declaration under that Act, or”,

(v) by the deletion of paragraph (d), and

(vi) by the substitution of “declaration or permission concerned was given or granted as the case may be and, in the case of a declaration or permission deemed to be given, for any period before the date on which the declaration or permission concerned was originally given.” for “declaration referred to in paragraph (a) was given or the permission referred to in paragraph (b), (c), (d) or (e), was granted.”,

and

(d) in subsection (10), by the insertion of the following definition:

“ ‘Act of 2015’ means the International Protection Act 2015 ;”.