Social Welfare Consolidation Act 2005

Provision with respect to habitual residence.

[2004 (MP) s17 & Sch 1]

246.—(1) For the purpose of each provision of this Act specified in subsection (3), it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless the person has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date.

[2004 (MP) s17 & Sch 1]

(2) In subsection (1) “other part of the Common Travel Area” means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man.

[2004 (MP) s17 & Sch 1]

(3) The provisions of this Act referred to in subsection (1) are sections 141(9), 154(c), 163(3), 168(5), 173(6), 180, 192, 210(9) and 220(3).