Social Welfare and Pensions Act 2014

11.

Amendments to Principal Act regarding habitual residence

11. (1) Section 246 of the Principal Act is amended—

(a) by substituting the following subsection for subsection (1):

(1) A requirement, in any of the provisions specified in subsection (3), for a person to be habitually resident in the State means that—

(a) the person must be habitually resident in the State at the date of the making of the application, and the person must remain habitually resident in the State after the making of that application in order for any entitlement to subsist,

(b) the person is a worker or a self-employed person, residing in the State pursuant to article 7 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 2, from—

(i) a Member State, or

(ii) a member state of the European Economic Area,

(c) the person is a family member of a person referred to in paragraph (b),

(d) where a person referred to in paragraph (b) ceases to be such a worker or such a self-employed person, the person must be habitually resident in the State immediately after the date of such cessation, and must remain habitually resident in the State in order for any entitlement to subsist, or

(e) where a person referred to in paragraph (b) ceases to be such a worker or such a self-employed person, a family member of such a person must be habitually resident in the State immediately after the date of such cessation, and the family member must remain habitually resident in the State in order for any entitlement to subsist.”,

(b) by deleting subsection (2),

(c) in subsection (3) —

(i) by inserting “161A(d),” after “153(c),”, and

(ii) by substituting “180(2) ” for “180”,

(d) in subsection (4) —

(i) by substituting “A” for “Notwithstanding the presumption in subsection (1), a”, and

(ii) by substituting “resident in the State for the purposes of this Act” for “resident in the State”,

(e) in subsection (6) —

(i) by substituting the following paragraph for paragraph (f):

“(f) a person to whom a permission granted to reside in the State under Regulation 23, 25 or 26 of the Regulations of 2013 is in force;”,

and

(ii) by deleting paragraph (g),

(f) in subsection (7) —

(i) by substituting the following paragraph for paragraph (b):

“(b) an applicant within the meaning of the Regulations of 2013, or any other person awaiting a grant of permission to reside in the State under Regulation 23, 25 or 26 of the Regulations of 2013;”,

and

(ii) by substituting the following paragraph for paragraph (e):

“(e) a person—

(i) whose application for subsidiary protection under Regulation 4 or 16 of the Regulations of 2006 has been refused, or whose permission under Regulation 4 or 16 of the Regulations of 2006 has been revoked,

(ii) whose application under Regulation 3 of the Regulations of 2013 for a subsidiary protection declaration has been refused, or whose subsidiary protection declaration has been revoked, under the Regulations of 2013, or

(iii) whose application under Regulation 25 or 26 of the Regulations of 2013 has been refused, or whose permission under Regulation 25 or 26 of the Regulations of 2013 has been revoked;”,

(g) in subsection (8) —

(i) by substituting the following paragraph for paragraph (d):

“(d) is granted permission to reside in the State under Regulation 23, 25 or 26 of the Regulations of 2013, or”,

and

(ii) in paragraph (e), by deleting “the Immigration Act 1999 or”,

and

(h) in subsection (10) —

(i) by substituting “2006);” for “2006).”, and

(ii) by inserting the following definition after the definition of “Regulations of 2006”:

‘Regulations of 2013’ means the European Union (Subsidiary Protection) Regulations 2013 ( S.I. No. 426 of 2013).”.

(2) Section 2 of the Principal Act is amended, in subsection (1), by inserting the following definition:

‘habitually resident’ shall be construed in accordance with section 246;”.

(3) Section 141 of the Principal Act is amended, in subsection (9), by deleting “at the date of the making of the application for jobseeker’s allowance”.

(4) Section 153 of the Principal Act is amended, in paragraph (c), by deleting “at the date of the making of the application for State pension (non-contributory)”.

(5) Section 161A (inserted by section 20 of the Social Welfare Law Reform and Pensions Act 2006) of the Principal Act is amended, in paragraph (d), by deleting “at the date of the making of the application for that pension”.

(6) Section 163 of the Principal Act is amended, in subsection (3), by deleting “at the date of the making of the application for that pension”.

(7) Section 168 of the Principal Act is amended, in subsection (5), by deleting “at the date of the making of the application for that payment”.

(8) Section 173 of the Principal Act is amended, in subsection (6), by deleting “at the date of the making of the application for that payment”.

(9) Section 180 of the Principal Act is amended, in subsection (2), by deleting “at the date of the making of the application for the allowance”.

(10) Section 186A (inserted by section 24 of the Act of 2007) of the Principal Act is amended, in subsection (2), by deleting “at the date of the making of the application for the payment”.

(11) Section 186D (inserted by section 15 of the Act of 2008) of the Principal Act is amended, in subsection (1), by substituting the following paragraph for paragraph (c):

“(c) the person—

(i) is habitually resident in the State, or

(ii) at the date of the making of the application for domiciliary care allowance, is a person to whom paragraph (a), (b) or (c) of section 219(2) applies.”.

(12) Section 192 of the Principal Act is amended by deleting “at the date of the making of the application for the allowance”.

(13) Section 210 of the Principal Act is amended, in subsection (9), by deleting “at the date of the making of the application for that allowance”.

(14) Section 220 of the Principal Act is amended, in subsection (3), by deleting “at the date of the making of the application for child benefit”.