Habitual Residence Condition - SW 108

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Family Benefits

In certain circumstances the provisions of EU Law override national legislation. For example a person with EU migrant worker status qualifies for a family benefit even if they may not satisfy HRC for other payments.

In determining claims for Child Benefit, One Parent Family Payment, Guardian's Payment (Non-Contributory), Domiciliary Care Allowance and Back to Work Family Dividend for EU nationals who are migrant workers, regard of EC Regulations must be taken into consideration as these schemes are considered ‘family benefits’ in EU law
and are payable to a person who qualifies for EU migrant worker status.

Social Advantage Payments

For the purposes of any claim to Supplementary Welfare Allowance (SWA) an EU national who is engaged in genuine and effective employment in Ireland is regarded as a migrant worker under EU law and does not need to satisfy the habitual residence condition. This means that EEA nationals who have been employed since arriving in Ireland may be entitled SWA, even if they may not satisfy the habitual residence condition for another scheme subject to the condition.

Family Benefits under EU Law are:

  • Back to Work Family Dividend,
  • Child Benefit,
  • Domiciliary Care Allowance
  • Guardian’s Payment (Non-Contributory),
  • One-Parent Family Payment,

Social Advantage payment under EU law:

  • Supplementary Welfare Allowance (SWA)

See HRC Guideline on www.welfare.ie for more details or go directly to Chapter 1 of the HRC Guidelines at:


Last modified:10/02/2016