Habitual residence condition (HRC) for returning Irish citizens

If you want to apply for certain social welfare payments (such as Child Benefit), you must show that you are ‘habitually resident’ in Ireland.

The term ‘habitually resident’ is not defined in Irish law. In practice, it means that you can prove a close link to Ireland and that you have lived here and plan to continue living here for the foreseeable future.

The Department of Social Protection considers the following 5 factors when deciding if you are habitually resident:

1. How long you have lived in Ireland or any other country
2. The reason you lived abroad
3. The nature and pattern of your employment
4. Your main centre of interest
5. Your plans to live in Ireland for the foreseeable future, based on the evidence you provide

When you are habitually resident, you are said to ‘satisfy the habitual residence condition’ (HRC). Read about how to satisfy the HRC below.

Payments that require the HRC

You must satisfy the HRC to apply for the following social welfare payments:

• Back to Work Family Dividend
• Blind Pension
• Carer’s Allowance
• Child Benefit
• Disability Allowance
• Domiciliary Care Allowance
• Guardian’s Payment (Non-Contributory)
• Jobseeker’s Allowance
• Jobseeker’s Transitional Payment
• One-Parent Family Payment
• State Pension (Non-Contributory)
• Supplementary Welfare Allowance (other than once-off exceptional and urgent needs payments)
• Widow’s, Widower’s or Surviving Civil Partner’s (Non-Contributory) Pension

Yes, the HRC applies to anyone applying for any of the social welfare payments listed above. Irish citizens are not exempt from needing to satisfy the HRC.

You do not have to be living in Ireland for a certain period of time to be considered habitually resident. If you have returned permanently to Ireland, you can be regarded as habitually resident on your return if you can:

• Show that your main centre of interest is now Ireland
• Prove you are resuming your previous residence here (see the ‘How do I satisfy the HRC?’ section below)

If you have children or qualified adult dependants, they do not have to satisfy the HRC unless they are applying for their own payment.

You must complete the HRC1 form (pdf), and send it with your application form for the payment, to the relevant authority (for example, to the Child Benefit Section in the Department of Social Protection).

The HRC form will ask you for information about your life abroad and in Ireland, including your addresses, employment history, children, and other family members.

Show evidence

As part of your application, try to include evidence that you have returned to Ireland permanently and are resuming your previous residence here.

For example, gather letters, emails, or other documents proving you:

• Have moved your personal belongings back to Ireland
• Have imported your car and registered it here
• Are no longer employed abroad
• Have started a new job in Ireland
• Have ended a lease on a rented property abroad
• Sold your home abroad
• Have rented or bought a property in Ireland
• Have closed your bank accounts abroad and transferred funds to an account in Ireland
• Have completed your studies abroad
• No longer have a valid visa or residency permission abroad
• Overstayed your visa abroad or were deported back to Ireland (if applicable)

You can include any other evidence that shows you have re-established your residence in Ireland.

The Department decides

The Department reviews your application based on the 5 factors listed above. Based on these factors, they will examine:

• Your level of contact with friends or family in Ireland while you were abroad
• If your family members have returned to Ireland with you
• The reason for your return
• What arrangements you have made to stay in Ireland long-term (for example, where you will live and work)
• Whether you have moved your belongings back to Ireland
• If you have imported your car and registered it here
• If you have joined any local clubs or organisations

Read more about the 5 factors on the Department's website.

If you are refused a payment because of the HRC and you believe it is incorrect, you can send additional evidence to the Department and ask them to review their decision.

You can also write to the Social Welfare Appeals Office (SWAO) to appeal the decision. You must appeal within 21 days of getting the decision. There is no charge for making an appeal.

Read more about how to appeal a social welfare decision.

Learn more about social welfare appeals and read our checklist when appealing a social welfare decision.

If you need help submitting an appeal, you can contact your local Citizens Information Centre. You can also contact Crosscare Irish Diaspora Support Project for help with appealing a HRC decision.

Read our page covering habitual residence condition.

You can also read the Department’s operational guidelines on the habitual residence condition.

Crosscare Irish Diaspora Support Project’s website has useful FAQs about social welfare and the HRC for returning Irish emigrants.