Income and welfare test
A new condition: you must be self-sufficient. Applies to ordinary applicants, not to spouses of Irish citizens.
Heads 5 and 7 · New sections 15(1)(f), 15(3), 15(4), 15F
| Now | Proposed | |
|---|---|---|
| Minimum income | None | Required when applying and until decided. Amount set later. |
| Listed welfare payments | No rule | None allowed: 2 years before applying, and until decided |
| Listed housing supports | No rule | Same. May include HAP, homeless and IPAS accommodation, charity housing. |
| Tolerance | — | Minister may overlook up to 6 months in the 2 years before applying |
| Debts | No rule | No Revenue debt, welfare overpayment debt or unpaid court fine |
| Which payments / supports count | — | Chosen later by the Minister |
| Waiver | — | Only for refugees, stateless people, Irish descent/associations, public service abroad |
Legal text
Highlighted: current wording proposed wording
Not in current law
(f) subject to subsections (3), has sufficient resources for himself or herself not to become an unreasonable burden on the State;
Not in current law
(3) The conditions specified in subsection (1)(f) shall be considered to have been satisfied where the applicant —
(a) is at the time of his or her application and during the application process, in receipt of at least the minimum level of income prescribed under section 15 F (1) [Head 7], and
(b) is not, at the time of his or her application or at any time during the application process, in receipt of a prescribed social welfare payment or a prescribed housing support, and subject to subsection (4), has not, in the period of 2 years immediately preceding the application, been in receipt of such payment or such support, and
(c) does not at the time of his or her application and during the application process, owe a debt to the Revenue Commissioners, owe a debt to the Department of Social Protection or have an outstanding court fine.
(4) The Minister may grant an application for naturalisation under section 15(1) where the applicant does not satisfy the requirement under subsection (3)(b) where the Minister is satisfied that the applicant has been in receipt of a prescribed social welfare payment or a prescribed housing support for a period that does not, or periods the aggregate of which do not, exceed 6 months in the period of 2 years immediately preceding the application.
Not in current law
15F (1) The Minister shall, for the purposes of section 15(3)(a), prescribe a minimum level of income.
(2) In making regulations under subsection (1) the Minister shall have regard to—
(a) annual and quarterly data on earnings and labour costs published by the Central Statistics Office,
(b) the average cost of living in the State having regard to the most recent information made available by the Central Statistics Office,
(c) the economic and social well-being of the State,
(d) the power of the Executive in relation to the control of entry into, and presence in, the State, of non-nationals, and
(e) such other matters as the Minister considers appropriate.
(3) The Minister shall, with the consent of the Minister for Social Protection and for the purposes of section 15(3)(b), prescribe:
(a) a payment or class or classes of payments under the Social Welfare Consolidation Act 2005;
(b) a payment or class or classes of payments under schemes administered by the Minister for Social Protection.
(4) The Minister shall, with the consent of the Minister for Housing, Local Government and Heritage and for the purposes of section 15(3)(b), prescribe:
(a) a social housing support provided, facilitated or managed under section 19 of the Housing (Miscellaneous Provisions) Act 2009 or a class or classes of such supports;
(b) accommodation or lodgings made available, or assistance provided, under section 10 of the Housing Act 1988 or a class or classes of such accommodation, lodgings or assistance;
(c) any housing or housing support provided in conjunction with of by the Department of Justice, Home Affairs and Migration;
(d) charitable housing supports.
(5) In making regulations under subsection (3) or (4) the Minister shall have regard to—
(a) the nature and purpose of a payment, social housing support, accommodation, lodgings or assistance including whether any is means-tested,
(b) the extent to which receipt by a person of a payment, social housing support, accommodation, lodgings or assistance is indicative of an absence of sufficient resources for an applicant and his or her family members not to become an unreasonable burden on the State,
(c) whether, in the case of regulations under subsection (4), the social housing support, accommodation, lodgings or assistance, as the case may be, is intended primarily as long-term maintenance, subsistence or housing support,
(d) the objectives of promoting the self-sufficiency an applicant and ensuring the sustainable use of the resources of the State, and
(e) such other matters as the Minister considers appropriate.