886. Deputy Mairéad Farrell asked the Minister for Social Protection to outline the rules around residency for the State pension (non-contributory); the minimum number of days that a person must be in the State to meet habitual residence requirement for the State pension (non-contributory); and if she will make a statement on the matter. [1452/25]

One of the qualifying conditions for the State Pension Non Contributory (SPNC) is to satisfy the Habitual Residence Condition (HRC).  HRC applies to both Irish citizens and Non-Irish citizens.

Deciding Officers, when determining whether a person is habitually resident for social protection purposes, must take into consideration

(1) whether or not the person has a right to reside in the State and

(2) a determination of their habitual residence under Section 246 (4) of the Social Welfare Consolidation Act 2005.

Five factors under Section 246 (4) of the Social Welfare Consolidation Act 2005, as amended, i.e.:

• the length and continuity of residence in Ireland or in any other particular country

• the length and purpose of any absence from Ireland

• the nature and pattern of the person’s employment

• the person’s main center of interest

• the future intentions of the person concerned as they appear from all the circumstances

A person must satisfy both parts of the condition to be regarded as habitually resident in Ireland. There is no minimum period of residence in the State required to satisfy HRC. Each person’s claim is considered on its own merits, and within the terms of the relevant scheme guidelines.

I trust this clarifies matters for the Deputy.