The provision defines "habitually resident" for specified sections and requires a person to be habitually resident in the State at the date of application and to remain so for entitlement. It treats workers and self‑employed persons resident under Directive 2004/38/EC from EU/EEA states and their family members; if such a worker ceases employment the worker or their family member must be habitually resident immediately after cessation and remain so.

Deciding officers must consider length and continuity of residence; length and purpose of absences; nature and pattern of employment; main centre of interest; and future intentions. A person without a right to reside shall not be regarded as habitually resident, subject to subsection (9). Those taken to have a right to reside include Irish citizens; persons with Free Movement rights (Regulations 2015); refugees, persons with subsidiary protection or specified permissions under the International Protection Act 2015, programme refugees and certain immigration permissions. Excluded persons include pending protection applicants, persons awaiting specified regulatory permissions, those facing deportation or with refused or revoked permissions. A declaration or permission does not render a person habitually resident for any period before its date; determinations are made in accordance with subsections (1) and (4).