Growing number of child benefit residency cases

THE Department of Social Protection is facing a growing number of legal challenges from families denied child benefit because of the habitual residence condition.

In its briefing note to the new Minister for Social Protection, Joan Burton, the department states that in addition to two cases already before the courts, another two parties have signalled their intention to legally challenge the current rules governing child benefit.

The briefing note claims that the habitual residence condition (HRC) “is a complex matter and has given rise to issues for child benefit as for other areas. The main problem has been inconsistency of decisions across areas. New guidelines are currently being finalised to address this problem.”