Case study: Habitual residency condition A Slovakian man who arrived in Ireland with his wife and two children in May 2004 was refused unemployment benefit after working here for a year.
The family had left their country due to lack of work and overcrowding in the house they shared with other relatives.
The man worked as a hotel porter and labourer for several months. His wife fell ill and was unable to work.
When he lost his job a year later, he was refused unemployment assistance under the habitual residency condition. Officials said he had not been resident in the State for the previous two years and did not have a stable pattern of employment in the State.
Soon the family began to incur debt and rely on the St Vincent de Paul Society for help.
On appealing the decision to the Social Welfare Appeals Office, he emphasised that he had two children attending local schools and was involved in the local parent-teacher association. The family intended to remain here, he said.
The appeals officer noted that he had taken whatever work was available to him.
While he had not been resident in the State for two years, the officer concluded that the family were firmly rooted here and habitually resident in the State.
Source: Social Welfare Appeals Office annual report, 2005