Hi All,

I seem to remember from my CAB days that in HRT cases (UK), persons from Common Travel Area (CTA) were automatically exempt (as long as they had been residing in the area that is). Eire was included in this, I think, due to some sort of bilateral agreement between it and the UK.
Can anyone quote the agreement to me, or where I can find it? The reason I ask is, that since 01/05/04 Eire introduced an HRT. It is similar in almost every aspect to UK HRT, except that it says people who had been residing in the CTA may satisfy the test, rather than shall/ will etc. People from the CTA are being routinely refused assistance. i need to identify the correct agreement to raise the issue as a social policy issue and to circulate the details to my collegue in Information Centres throught Eire. I would be grateful for any help you can give me in this matter.

Aidan.

I dont know if this is of any use but the CTA is defined in the Immigration Act 1971.

I seem to remember that the original HRT proposals did not include the Republic of Ireland, but that was changed as a result of vigorous lobbying, rather than because of a bi-lateral agreement.

I have a vague idea that the exemptions from the HRT for the CTA are being challenged under EU law - because they discriminate against people from outside the CTA.


Does anyone else know anything about this?

Many thanks To to all who replied. It is interesting to note that CTA rules being addressed under EU law. If I eventually ncover what I am looking for i will post a result.


Aidan.

Just for Info:

it would seem that Eire's inclusion in the common travel area stems from "The Government of Ireland Act 1949", under which people of the rep. of Ireland are not to be treated as foreigners in the United Kingdom. I think it had a lot to do with the labour needs of the UK following WW2. I am unable to get hold of the text of the act , sadly. I am still not sure if there is a reciprocal agreement by which Britons can avail of to be exempted from the Irish Habitual Residence Test ( or, Habitual Residency Condition , as it is referred to here).

Cheers

Aidan.

There seem to be four Reciprocal Agreements between UK & Republic of Ireland on the attached: http://www.dwp.gov.uk/advisers/docs/lawvols/bluevol/pdf/a9_0041.pdf

I don't think the agreements cover means tested benefits. You can view the Agreements by clicking on the date and appropriate Statutory Instrument number in the window on the left to the main page.

Thanks ,

Sorry for the late reply- have only just surfed backin.

aidan.