The social welfare system in Ireland is divided into three main types of payments. These are:
- Social insurance payments
- Means tested payments
- Universal payments
With all social welfare payments, you must satisfy specific personal circumstances that are set out in the rules for each scheme. For example, to claim the One-Parent Family Payment, you must be parenting alone and therefore not cohabiting or living with someone as man and wife. As well as satisfying the necessary circumstantial criteria, other rules also apply which are briefly explained under the headings for the different types of payments.
Since May 2004, you must be habitually resident to qualify for social assistance payments in Ireland.
Social insurance payments
Social insurance payments are given to people who satisfy specific social insurance contribution conditions (PRSI conditions), in addition to the necessary circumstantial conditions. These conditions vary, depending on the payment you apply for. A summary of the PRSI contribution conditions for each payment is set out in individual leaflets on different payments, which are available on the Department of Social Protections' website. Examples of payments based on your social insurance contributions include Jobseeker's Benefit, Illness Benefit, Maternity Benefit, Invalidity Pension, Carers Benefit and State Pension (Contributory).
Means tested payments
Means tested payments are primarily designed for people who have insufficient PRSI contributions to qualify for the equivalent social insurance-based payments. An example would be a person who becomes unemployed, applies for Jobseeker's Benefit but fails to qualify because he or she has insufficient contributions. He or she can instead apply for Jobseeker's Allowance, which is the means tested equivalent payment.
"Means Tested" literally means that the Department of Social Protection will examine all your sources of income to test if they fall below a certain level. The method of testing your means varies from payment to payment. In some instances, you are allowed a certain amount of money before your entitlement to a payment is affected. The rules that determine how much you can or cannot have depend on the payment you apply for and are often referred to as "income disregards".
Universal payments
Universal payments are paid regardless of a person's income or social insurance record. They are only dependent on the claimant satisfying specific personal circumstances. An example would be Child Benefit (the Children's Allowance is its more common term). A person must simply have a child dependant living with them as defined in the social welfare legislation. (Migrant workers from EEA Member States may get Child Benefit if their dependent child is resident in another EEA Member State.)
Habitual Residence Condition
Applicants for social assistance or child benefit must show they are resident in Ireland and have a proven close link to Ireland. When the condition was first introduced there was a requirement for a minimum two year residence in Ireland but this has been replaced with a more fluid assessment of a number of different factors. Currently the Department of Social Protection assesses the following:
- The applicant’s main centre of interest, based on facts such as: whether they own or lease a home here; where their close family members live; whether they belong to social or professional associations here; and any other evidence or activities indicating a settled residence in Ireland.
- The length and continuity of the applicant’s residence in Ireland or other parts of the Common Travel Area.
- The length of and reason for any absence from Ireland.
- The nature and pattern of employment.
- Future intention to live in the Republic of Ireland as it appears from the evidence (Department of Social Protection, 2010).
The evidence used for each factor depends on the facts of the individual case and the final decision reached is to some extent subjective. It is possible to bring an appeal against a decision on HRC to the independent Social Welfare Appeals Office.
The HRC was implemented from the date of EU accession of 10 new member states, 1 May 2004, and affects all applicants regardless of nationality although it is clearly much easier for an Irish national to satisfy the conditions than an EU or non-EU national. It is particularly difficult for protection applicants to satisfy the HRC. The Department of Social Protection states that asylum seekers with a decision pending on their case, unsuccessful asylum applicants, persons subject to a deportation order, persons who have entered illegally and those whose permission to be in the state has lapsed for over 3 months are all excluded from being regarded as habitually resident.