Introduction
The Context of Residence-Based Conditionality
Conceptualising Discretionary Decision-Making in Welfare Institutions
Outline of Chapters
Chapter 1: Discourses of Discretion in Welfare Bureaucracies
Exploring the Meaning of Discretion in Welfare Bureaucracy
The Role of Discretion in Public Service
The role of discretion in a context of legislative and policy ambiguity
Street-Level Bureaucrats and Discretion
Decision-makers and citizens
Exceptional moments and favouratism
Organisational Culture and Discretionary Practice
Public expectations towards decision-makers
Legitimacy of discretionary practice and decision-maker accountability
Conclusions
Chapter 2: Theorising Discretionary Power on Access to Social Assistance
Ethical Determinants of Decision-Making
Professional morality
Morality of deservingness
Dilemmas in Decision-Making
Occupational Discretion and Organisational Socialisation
Organisational imprinting and workers socialization
Variations in decision-making
Double agents: Contrasting identities of social policy implementers
Understanding Decision-Makers’ Perspectives of Rules and Discretion in the Provision of Social Assistance
Nomocracy and telocracy
Exploring Determinants of Discretionary Practice through Street-Level Bureaucracy Theories
The Lipsky approach: self-interested determinants of discretion
Critical overview of the dominant narrative
Client-centred decision-making: Citizen Agent Narrative
Conclusions
Chapter 3: Residence-Based Conditionality and Mobile EU Citizens’ Social Rights
What Is Residence-Based Conditionality and Why Does It Matter
‘Safeguarding’ Welfare Systems against Mobile EU Citizens at Supra- and National-Levels
Legal and Habitual Residence and Their Applicability across Different Welfare Regimes
The UK
Germany
Sweden
Conclusions
Chapter 4: Social Security, Discretion and Residence-Based Conditionality in Ireland
Social Security in Ireland: Past and Present
From the Poor Law to National Insurance
Free State and modern social security
Social-security reform in the last two decades
The Habitual Residence Condition
What is the Irish HRC?
The legal framework of the HRC
The effect of the HRC on citizens
HRC decision-making organisations
Department of Social Protection
The decision-making process
Conclusions
Chapter 5: Operationalising Discretion
Organisational Background of HRC Decision-Makers
Deciding Officers
Designated Persons
Appeals Officers
How are the decision-makers equipped to make HRC decisions?
Professional development
Understanding of the legislation in practical terms
Organisational culture and discretion
The HRC Decisions
Disallowances
Allowances
Determinants of Decisions
HRC1
Right to reside
The five factors
Centre of interest
Guidelines
A holistic approach
Evidence
When clients do not provide information
Interactions with applicants
Conclusions
Chapter 6: The Dynamics of Discretionary Decision-Making
Moral Economies of Decision-Making: It’s The Right Thing to Do
Nomocratic Approach to Discretion
Protecting the public purse: deserving vs. undeserving applicant
Unfair discretion
Resisting discretion
The aim is consistency
Subjectivity of decisions
Telocratic Approach to Discretion
Discretion for the benefit of clients
The Impact of External-Organisational Forces on Decision-Making Processes
Invalid decisions
Should There Be Discretion in Decision-Making on The HRC?
Conclusions
Conclusions
What Is Discretion?
Decision-Makers’ Approaches Towards Discretion
Factors Determining Approaches to Discretion
Organisational culture
Job role
Moral economies: motivations
Discretionary Practice and Residence-Based Welfare Conditionality
Summary
Bibliography
Index
About the Author