Over 3,000 returning Irish refused dole
Dec 28th 2011, 8:53 am
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Over 3,000 returning Irish refused dole
Over 3,000 returning Irish refused dole
By Aideen Sheehan
Thursday October 28 2010
MORE than 3,000 returning Irish emigrants have been refused social welfare payments because they haven't been living in Ireland for the two years before they made their claims.
The inconsistent enforcement of an 'habitual residency' requirement -- originally designed to stop welfare tourism from eastern Europe -- is causing enormous hardship.
The problem is so bad that some Irish citizens are ending up on the streets as a result, the Dail's Committee on Social Protection was told.
Emigrants who left Ireland in the 1960s and '70s are being affected, as well as some who left as recently as 18 months ago but have now returned and are being denied social welfare, said Joe O'Brien of Crosscare, the Catholic social-care agency.
The number of Irish citizens being turned down as habitual residents -- a condition for social welfare entitlements -- has doubled in the past two years, with 1,723 rejected between 2008 and 2009, and a total of 3,261 in all since the measure was introduced in 2004, Crosscare said.
The number of cases coming to Crosscare's attention in 2010 has increased five-fold already this year, said Mr O'Brien.
One of those affected is Rita Delaney.
After living and working for 17 years in Boston, Ms Delaney, who was born and raised in Pullough, Co Offaly, returned to Ireland in September, after being laid off from her job with the Massachussetts Institute of Technology.
Based in Dublin, she has been seeking work, but was shocked at the response when she went to the Department of Social Protection to see if she could claim jobseeker's allowance.
"One person there told me my best bet would be just to get on a plane back to the US," she said.
Ms Delaney, whose brother and other relatives still live in Ireland, has been turned down for habitual residency but given no explanation for that. With the aid of Crosscare, she plans to appeal the decision.
- Aideen Sheehan
Irish Independent
By Aideen Sheehan
Thursday October 28 2010
MORE than 3,000 returning Irish emigrants have been refused social welfare payments because they haven't been living in Ireland for the two years before they made their claims.
The inconsistent enforcement of an 'habitual residency' requirement -- originally designed to stop welfare tourism from eastern Europe -- is causing enormous hardship.
The problem is so bad that some Irish citizens are ending up on the streets as a result, the Dail's Committee on Social Protection was told.
Emigrants who left Ireland in the 1960s and '70s are being affected, as well as some who left as recently as 18 months ago but have now returned and are being denied social welfare, said Joe O'Brien of Crosscare, the Catholic social-care agency.
The number of Irish citizens being turned down as habitual residents -- a condition for social welfare entitlements -- has doubled in the past two years, with 1,723 rejected between 2008 and 2009, and a total of 3,261 in all since the measure was introduced in 2004, Crosscare said.
The number of cases coming to Crosscare's attention in 2010 has increased five-fold already this year, said Mr O'Brien.
One of those affected is Rita Delaney.
After living and working for 17 years in Boston, Ms Delaney, who was born and raised in Pullough, Co Offaly, returned to Ireland in September, after being laid off from her job with the Massachussetts Institute of Technology.
Based in Dublin, she has been seeking work, but was shocked at the response when she went to the Department of Social Protection to see if she could claim jobseeker's allowance.
"One person there told me my best bet would be just to get on a plane back to the US," she said.
Ms Delaney, whose brother and other relatives still live in Ireland, has been turned down for habitual residency but given no explanation for that. With the aid of Crosscare, she plans to appeal the decision.
- Aideen Sheehan
Irish Independent
Dec 28th 2011, 9:19 am
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Joined: Feb 2011
Posts: 363
Re: Over 3,000 returning Irish refused dole
Over 3,000 returning Irish refused dole
By Aideen Sheehan
Thursday October 28 2010
MORE than 3,000 returning Irish emigrants have been refused social welfare payments because they haven't been living in Ireland for the two years before they made their claims.
The inconsistent enforcement of an 'habitual residency' requirement -- originally designed to stop welfare tourism from eastern Europe -- is causing enormous hardship.
The problem is so bad that some Irish citizens are ending up on the streets as a result, the Dail's Committee on Social Protection was told.
Emigrants who left Ireland in the 1960s and '70s are being affected, as well as some who left as recently as 18 months ago but have now returned and are being denied social welfare, said Joe O'Brien of Crosscare, the Catholic social-care agency.
The number of Irish citizens being turned down as habitual residents -- a condition for social welfare entitlements -- has doubled in the past two years, with 1,723 rejected between 2008 and 2009, and a total of 3,261 in all since the measure was introduced in 2004, Crosscare said.
The number of cases coming to Crosscare's attention in 2010 has increased five-fold already this year, said Mr O'Brien.
One of those affected is Rita Delaney.
After living and working for 17 years in Boston, Ms Delaney, who was born and raised in Pullough, Co Offaly, returned to Ireland in September, after being laid off from her job with the Massachussetts Institute of Technology.
Based in Dublin, she has been seeking work, but was shocked at the response when she went to the Department of Social Protection to see if she could claim jobseeker's allowance.
"One person there told me my best bet would be just to get on a plane back to the US," she said.
Ms Delaney, whose brother and other relatives still live in Ireland, has been turned down for habitual residency but given no explanation for that. With the aid of Crosscare, she plans to appeal the decision.
- Aideen Sheehan
Irish Independent
By Aideen Sheehan
Thursday October 28 2010
MORE than 3,000 returning Irish emigrants have been refused social welfare payments because they haven't been living in Ireland for the two years before they made their claims.
The inconsistent enforcement of an 'habitual residency' requirement -- originally designed to stop welfare tourism from eastern Europe -- is causing enormous hardship.
The problem is so bad that some Irish citizens are ending up on the streets as a result, the Dail's Committee on Social Protection was told.
Emigrants who left Ireland in the 1960s and '70s are being affected, as well as some who left as recently as 18 months ago but have now returned and are being denied social welfare, said Joe O'Brien of Crosscare, the Catholic social-care agency.
The number of Irish citizens being turned down as habitual residents -- a condition for social welfare entitlements -- has doubled in the past two years, with 1,723 rejected between 2008 and 2009, and a total of 3,261 in all since the measure was introduced in 2004, Crosscare said.
The number of cases coming to Crosscare's attention in 2010 has increased five-fold already this year, said Mr O'Brien.
One of those affected is Rita Delaney.
After living and working for 17 years in Boston, Ms Delaney, who was born and raised in Pullough, Co Offaly, returned to Ireland in September, after being laid off from her job with the Massachussetts Institute of Technology.
Based in Dublin, she has been seeking work, but was shocked at the response when she went to the Department of Social Protection to see if she could claim jobseeker's allowance.
"One person there told me my best bet would be just to get on a plane back to the US," she said.
Ms Delaney, whose brother and other relatives still live in Ireland, has been turned down for habitual residency but given no explanation for that. With the aid of Crosscare, she plans to appeal the decision.
- Aideen Sheehan
Irish Independent
Dec 28th 2011, 12:59 pm
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Re: Over 3,000 returning Irish refused dole
Dec 28th 2011, 4:14 pm
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Re: Over 3,000 returning Irish refused dole
Close family in Ireland, means that your centre of interest is Ireland.
I passed the Habitual Residence Condition myself on the above criteria.
Dec 28th 2011, 9:09 pm
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Re: Over 3,000 returning Irish refused dole
So I guess we wouldnt get the dole because we are out of the country more than 3 years now. Just shows it pays to research and then after that do a bit more research.
Dec 28th 2011, 9:10 pm
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Re: Over 3,000 returning Irish refused dole
I was considering a move to Canada, maybe I should re-consider.
Dec 28th 2011, 9:19 pm
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Re: Over 3,000 returning Irish refused dole
If you have been out of Ireland for the last 2 years you will fail the Habitual Residence Condition. Even if your parents or siblings live in Ireland, that will only satisfy one of the five factors: centre of interest. It took me 2 years living in Ireland to pass the HRC. My advice is only come back if you have enough savings to live off for 2 years.
Dec 28th 2011, 9:23 pm
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Joined: Nov 2011
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Re: Over 3,000 returning Irish refused dole
You will have the same problem if things don't work out in Canada when you return to Ireland. My advice is to save up enough to live on for 2 years, and come back to Ireland. Canada and Australia are swamped with Irish right now all trying to find employment. Its not that easy to get a job in either country now as thousands are emigrating from Ireland there.
Dec 28th 2011, 10:22 pm
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Re: Over 3,000 returning Irish refused dole
If you have been out of Ireland for the last 2 years you will fail the Habitual Residence Condition. Even if your parents or siblings live in Ireland, that will only satisfy one of the five factors: centre of interest. It took me 2 years living in Ireland to pass the HRC. My advice is only come back if you have enough savings to live off for 2 years.
Dec 29th 2011, 11:05 am
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Re: Over 3,000 returning Irish refused dole
What is habitual residence?
The term "habitually resident" is not defined in Irish law. In practice it means that you have a proven close link to Ireland. The term also conveys permanence - that a person has been here for some time and intends to stay here for the foreseeable future. Proving you are habitually resident relies heavily on fact. If you have lived in Ireland all your life, you will probably have no difficulty showing that you satisfy the factors which indicate habitual residence – see list below.
Who decides whether an applicant is habitually resident?
Statutorily appointed Deciding Officers (or Determining Officers in the case of Supplementary Welfare Allowance) determine whether you meet the requirement to be habitually resident in the State.
The Officer will rely on the evidence you provide and be guided by national and EU law and guidelines when making their decision. When the Officer makes a decision on whether a person is habitually resident they must follow a series of steps:
1. Check whether you are a person who is not regarded as being habitually resident in the State
For example, asylum seekers are not regarded as habitually resident. You can find out more about who is not regarded as habitually resident in Appendix 3 of the Operational Guidelines.
2. Check whether you are exempt from the habitual residence condition
Certain people, in particular EEA nationals who are considered migrant workers, are exempt from the habitual residence condition (see also Exemption from the habitual residence condition for EEA nationals below). You can find out more about who is exempt from the habitual residence condition in Section 3 of the Operational Guidelines.
3. Check whether a previous habitual residence decision has been given or if the case is under appeal
A previous decision on habitual residence should carry through to subsequent claims unless there has been a significant change in circumstances since a new application was made.
4. Consider whether the person has a right to reside in the State
If you do not have a legal right of residence in this State, you will not be regarded as habitually resident. The following groups of people have a right to reside in Ireland:
Irish nationals
UK and EU nationals from the Common Travel Area (CTA)
EEA nationals who are employed or self-employed in Ireland
EEA nationals who have been employed here for over a year and are now unemployed, provided they are registered as jobseekers with the Department of Social Protection and with FÁS,
EEA nationals, who have been employed here for less than a year and are now unemployed, may stay for another 6 months provided they are registered as jobseekers with the Department of Social Protection and with FÁS
EEA nationals who can support themselves, their spouse/civil partner and any accompanying dependents and who have comprehensive sickness insurance
EEA nationals who are visitors or jobseekers can stay for up to 3 months provided that they do not become a burden on the social welfare system of the State during that period
5. Examine the 5 factors to determine habitual residence
Once your right to reside has been established the following 5 factors (which have been set down in Irish and European law) are examined to find out if you are habitually resident in Ireland:
Length and continuity of residence in Ireland
Length and purpose of any absence from Ireland
Nature and pattern of employment
Your main centre of interest
Your future intentions to live in Ireland as it appears from the evidence
You can find out more about the 5 factors in the Operational Guidelines on the Department of Social Protection's website. The Department of Social Protection has also published a supplement to the Guidelines with scenarios which show how the habitual residence condition is applied in practice.
Exemption from the habitual residence condition for EEA nationals
Under EU law, in certain circumstances, EEA citizens or Swiss nationals do not have to satisfy the habitual residence condition. These circumstances apply to:
Family Benefits and
Supplementary Welfare Allowance
The following Irish social welfare payments are classified as Family Benefits under EU Regulations (pdf):
Child Benefit
Domiciliary Care Allowance
Family Income Supplement
Guardian's Payment (Non-Contributory)
One-Parent Family Payment
This means that they are payable to a person who qualifies for EU migrant worker status for dependants who are resident in Ireland or in another EEA state. However, EEA citizens or Swiss nationals who move to Ireland to look for employment are subject to the habitual residence condition in the normal way while looking for work.
If you are an EEA national and can be considered an EU migrant worker, you may be entitled to Supplementary Welfare Allowance (SWA). To be considered an EU migrant worker you must have been in genuine employment (not casual work) since coming to Ireland. This means that people who have been employed since arriving in Ireland may be entitled to SWA even if they do not satisfy the habitual residence condition for Jobseeker's Allowance.
Returning Irish emigrants
EU rules prevent discrimination on nationality grounds in relation to social security, so it is not possible to exempt a particular category of Irish citizens (such as returning Irish emigrants) from the habitual residence condition (either in general or for Carer’s Allowance) without extending the same treatment to all EU nationals. However, the guidelines on determination of habitual residence address the issue of returning emigrants very specifically. The guidelines state: “A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.”
When determining the main centre of interest for returning emigrants, Deciding Officers take account of:
The purpose of your return, for example, because your foreign residence permit has expired
Your stated intentions
Verified arrangements which you have made in regard to returning on a long-term basis, for example, transfer of financial accounts and any other assets, termination of residence-based entitlements in the other country, or assistance from Safe-Home or a similar programme to enable Irish emigrants to return permanently
Length and continuity of your previous residence in the State
Your record of employment or self employment in another state and
Whether you have maintained links with your previous residence and can be regarded as resuming your previous residence rather than starting a new period of residence.
Documentation
Regardless of what country you are coming from you may be asked to provide documentary evidence that shows your 'centre of interest' is now in Ireland. This evidence should show that you have moved to Ireland, you intend to settle in Ireland permanently and you do not intend to go back to live in the country you came from.
Where possible, you should provide the following documentary evidence:
Proof to show you have given up accommodation abroad
Proof that you have cancelled or applied to cancel any non-transferable benefits
Proof you have transferred or applied to transfer any transferable income
Proof to show measures you have put in place to open a bank account here
Proof to show you have a tenancy in your own name (in Ireland)
Proof of travel documents including, where relevant, excess baggage fees and removal/shipping receipts
All evidence presented will be authenticated, as far as is possible, by the relevant Officer. In some cases you may be asked to submit further documentary evidence. In certain cases, a Social Welfare Inspector may investigate your application.
Appealing a decision on habitual residency
If you are not satisfied with the decision of a Deciding or Determining Officer you have the right of review and/or the right of appeal. If you wish to have your case reviewed you can submit additional evidence and ask for the decision to be reviewed. You also can bring an appeal against the decision to the independent Social Welfare Appeals Office. In the case of the Supplementary Welfare Allowance, you can appeal a decision to a Health Service Executive (HSE) Appeals Officer and, if necessary, subsequently to the Social Welfare Appeals Office. When making a decision an Appeals Officer is subject to the same legislation as the Deciding or Determining Officer.
Dec 30th 2011, 12:21 am
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Joined: Oct 2011
Posts: 77
Re: Over 3,000 returning Irish refused dole
Not being funny, but take the time to read my other posts on here. I have answered many of your questions and more. My post on the Habitual Residence Condition covers this. But I have copied it here for you:
What is habitual residence?
The term "habitually resident" is not defined in Irish law. In practice it means that you have a proven close link to Ireland. The term also conveys permanence - that a person has been here for some time and intends to stay here for the foreseeable future. Proving you are habitually resident relies heavily on fact. If you have lived in Ireland all your life, you will probably have no difficulty showing that you satisfy the factors which indicate habitual residence – see list below.
Who decides whether an applicant is habitually resident?
Statutorily appointed Deciding Officers (or Determining Officers in the case of Supplementary Welfare Allowance) determine whether you meet the requirement to be habitually resident in the State.
The Officer will rely on the evidence you provide and be guided by national and EU law and guidelines when making their decision. When the Officer makes a decision on whether a person is habitually resident they must follow a series of steps:
1. Check whether you are a person who is not regarded as being habitually resident in the State
For example, asylum seekers are not regarded as habitually resident. You can find out more about who is not regarded as habitually resident in Appendix 3 of the Operational Guidelines.
2. Check whether you are exempt from the habitual residence condition
Certain people, in particular EEA nationals who are considered migrant workers, are exempt from the habitual residence condition (see also Exemption from the habitual residence condition for EEA nationals below). You can find out more about who is exempt from the habitual residence condition in Section 3 of the Operational Guidelines.
3. Check whether a previous habitual residence decision has been given or if the case is under appeal
A previous decision on habitual residence should carry through to subsequent claims unless there has been a significant change in circumstances since a new application was made.
4. Consider whether the person has a right to reside in the State
If you do not have a legal right of residence in this State, you will not be regarded as habitually resident. The following groups of people have a right to reside in Ireland:
Irish nationals
UK and EU nationals from the Common Travel Area (CTA)
EEA nationals who are employed or self-employed in Ireland
EEA nationals who have been employed here for over a year and are now unemployed, provided they are registered as jobseekers with the Department of Social Protection and with FÁS,
EEA nationals, who have been employed here for less than a year and are now unemployed, may stay for another 6 months provided they are registered as jobseekers with the Department of Social Protection and with FÁS
EEA nationals who can support themselves, their spouse/civil partner and any accompanying dependents and who have comprehensive sickness insurance
EEA nationals who are visitors or jobseekers can stay for up to 3 months provided that they do not become a burden on the social welfare system of the State during that period
5. Examine the 5 factors to determine habitual residence
Once your right to reside has been established the following 5 factors (which have been set down in Irish and European law) are examined to find out if you are habitually resident in Ireland:
Length and continuity of residence in Ireland
Length and purpose of any absence from Ireland
Nature and pattern of employment
Your main centre of interest
Your future intentions to live in Ireland as it appears from the evidence
You can find out more about the 5 factors in the Operational Guidelines on the Department of Social Protection's website. The Department of Social Protection has also published a supplement to the Guidelines with scenarios which show how the habitual residence condition is applied in practice.
Exemption from the habitual residence condition for EEA nationals
Under EU law, in certain circumstances, EEA citizens or Swiss nationals do not have to satisfy the habitual residence condition. These circumstances apply to:
Family Benefits and
Supplementary Welfare Allowance
The following Irish social welfare payments are classified as Family Benefits under EU Regulations (pdf):
Child Benefit
Domiciliary Care Allowance
Family Income Supplement
Guardian's Payment (Non-Contributory)
One-Parent Family Payment
This means that they are payable to a person who qualifies for EU migrant worker status for dependants who are resident in Ireland or in another EEA state. However, EEA citizens or Swiss nationals who move to Ireland to look for employment are subject to the habitual residence condition in the normal way while looking for work.
If you are an EEA national and can be considered an EU migrant worker, you may be entitled to Supplementary Welfare Allowance (SWA). To be considered an EU migrant worker you must have been in genuine employment (not casual work) since coming to Ireland. This means that people who have been employed since arriving in Ireland may be entitled to SWA even if they do not satisfy the habitual residence condition for Jobseeker's Allowance.
Returning Irish emigrants
EU rules prevent discrimination on nationality grounds in relation to social security, so it is not possible to exempt a particular category of Irish citizens (such as returning Irish emigrants) from the habitual residence condition (either in general or for Carer’s Allowance) without extending the same treatment to all EU nationals. However, the guidelines on determination of habitual residence address the issue of returning emigrants very specifically. The guidelines state: “A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.”
When determining the main centre of interest for returning emigrants, Deciding Officers take account of:
The purpose of your return, for example, because your foreign residence permit has expired
Your stated intentions
Verified arrangements which you have made in regard to returning on a long-term basis, for example, transfer of financial accounts and any other assets, termination of residence-based entitlements in the other country, or assistance from Safe-Home or a similar programme to enable Irish emigrants to return permanently
Length and continuity of your previous residence in the State
Your record of employment or self employment in another state and
Whether you have maintained links with your previous residence and can be regarded as resuming your previous residence rather than starting a new period of residence.
Documentation
Regardless of what country you are coming from you may be asked to provide documentary evidence that shows your 'centre of interest' is now in Ireland. This evidence should show that you have moved to Ireland, you intend to settle in Ireland permanently and you do not intend to go back to live in the country you came from.
Where possible, you should provide the following documentary evidence:
Proof to show you have given up accommodation abroad
Proof that you have cancelled or applied to cancel any non-transferable benefits
Proof you have transferred or applied to transfer any transferable income
Proof to show measures you have put in place to open a bank account here
Proof to show you have a tenancy in your own name (in Ireland)
Proof of travel documents including, where relevant, excess baggage fees and removal/shipping receipts
All evidence presented will be authenticated, as far as is possible, by the relevant Officer. In some cases you may be asked to submit further documentary evidence. In certain cases, a Social Welfare Inspector may investigate your application.
Appealing a decision on habitual residency
If you are not satisfied with the decision of a Deciding or Determining Officer you have the right of review and/or the right of appeal. If you wish to have your case reviewed you can submit additional evidence and ask for the decision to be reviewed. You also can bring an appeal against the decision to the independent Social Welfare Appeals Office. In the case of the Supplementary Welfare Allowance, you can appeal a decision to a Health Service Executive (HSE) Appeals Officer and, if necessary, subsequently to the Social Welfare Appeals Office. When making a decision an Appeals Officer is subject to the same legislation as the Deciding or Determining Officer.
What is habitual residence?
The term "habitually resident" is not defined in Irish law. In practice it means that you have a proven close link to Ireland. The term also conveys permanence - that a person has been here for some time and intends to stay here for the foreseeable future. Proving you are habitually resident relies heavily on fact. If you have lived in Ireland all your life, you will probably have no difficulty showing that you satisfy the factors which indicate habitual residence – see list below.
Who decides whether an applicant is habitually resident?
Statutorily appointed Deciding Officers (or Determining Officers in the case of Supplementary Welfare Allowance) determine whether you meet the requirement to be habitually resident in the State.
The Officer will rely on the evidence you provide and be guided by national and EU law and guidelines when making their decision. When the Officer makes a decision on whether a person is habitually resident they must follow a series of steps:
1. Check whether you are a person who is not regarded as being habitually resident in the State
For example, asylum seekers are not regarded as habitually resident. You can find out more about who is not regarded as habitually resident in Appendix 3 of the Operational Guidelines.
2. Check whether you are exempt from the habitual residence condition
Certain people, in particular EEA nationals who are considered migrant workers, are exempt from the habitual residence condition (see also Exemption from the habitual residence condition for EEA nationals below). You can find out more about who is exempt from the habitual residence condition in Section 3 of the Operational Guidelines.
3. Check whether a previous habitual residence decision has been given or if the case is under appeal
A previous decision on habitual residence should carry through to subsequent claims unless there has been a significant change in circumstances since a new application was made.
4. Consider whether the person has a right to reside in the State
If you do not have a legal right of residence in this State, you will not be regarded as habitually resident. The following groups of people have a right to reside in Ireland:
Irish nationals
UK and EU nationals from the Common Travel Area (CTA)
EEA nationals who are employed or self-employed in Ireland
EEA nationals who have been employed here for over a year and are now unemployed, provided they are registered as jobseekers with the Department of Social Protection and with FÁS,
EEA nationals, who have been employed here for less than a year and are now unemployed, may stay for another 6 months provided they are registered as jobseekers with the Department of Social Protection and with FÁS
EEA nationals who can support themselves, their spouse/civil partner and any accompanying dependents and who have comprehensive sickness insurance
EEA nationals who are visitors or jobseekers can stay for up to 3 months provided that they do not become a burden on the social welfare system of the State during that period
5. Examine the 5 factors to determine habitual residence
Once your right to reside has been established the following 5 factors (which have been set down in Irish and European law) are examined to find out if you are habitually resident in Ireland:
Length and continuity of residence in Ireland
Length and purpose of any absence from Ireland
Nature and pattern of employment
Your main centre of interest
Your future intentions to live in Ireland as it appears from the evidence
You can find out more about the 5 factors in the Operational Guidelines on the Department of Social Protection's website. The Department of Social Protection has also published a supplement to the Guidelines with scenarios which show how the habitual residence condition is applied in practice.
Exemption from the habitual residence condition for EEA nationals
Under EU law, in certain circumstances, EEA citizens or Swiss nationals do not have to satisfy the habitual residence condition. These circumstances apply to:
Family Benefits and
Supplementary Welfare Allowance
The following Irish social welfare payments are classified as Family Benefits under EU Regulations (pdf):
Child Benefit
Domiciliary Care Allowance
Family Income Supplement
Guardian's Payment (Non-Contributory)
One-Parent Family Payment
This means that they are payable to a person who qualifies for EU migrant worker status for dependants who are resident in Ireland or in another EEA state. However, EEA citizens or Swiss nationals who move to Ireland to look for employment are subject to the habitual residence condition in the normal way while looking for work.
If you are an EEA national and can be considered an EU migrant worker, you may be entitled to Supplementary Welfare Allowance (SWA). To be considered an EU migrant worker you must have been in genuine employment (not casual work) since coming to Ireland. This means that people who have been employed since arriving in Ireland may be entitled to SWA even if they do not satisfy the habitual residence condition for Jobseeker's Allowance.
Returning Irish emigrants
EU rules prevent discrimination on nationality grounds in relation to social security, so it is not possible to exempt a particular category of Irish citizens (such as returning Irish emigrants) from the habitual residence condition (either in general or for Carer’s Allowance) without extending the same treatment to all EU nationals. However, the guidelines on determination of habitual residence address the issue of returning emigrants very specifically. The guidelines state: “A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.”
When determining the main centre of interest for returning emigrants, Deciding Officers take account of:
The purpose of your return, for example, because your foreign residence permit has expired
Your stated intentions
Verified arrangements which you have made in regard to returning on a long-term basis, for example, transfer of financial accounts and any other assets, termination of residence-based entitlements in the other country, or assistance from Safe-Home or a similar programme to enable Irish emigrants to return permanently
Length and continuity of your previous residence in the State
Your record of employment or self employment in another state and
Whether you have maintained links with your previous residence and can be regarded as resuming your previous residence rather than starting a new period of residence.
Documentation
Regardless of what country you are coming from you may be asked to provide documentary evidence that shows your 'centre of interest' is now in Ireland. This evidence should show that you have moved to Ireland, you intend to settle in Ireland permanently and you do not intend to go back to live in the country you came from.
Where possible, you should provide the following documentary evidence:
Proof to show you have given up accommodation abroad
Proof that you have cancelled or applied to cancel any non-transferable benefits
Proof you have transferred or applied to transfer any transferable income
Proof to show measures you have put in place to open a bank account here
Proof to show you have a tenancy in your own name (in Ireland)
Proof of travel documents including, where relevant, excess baggage fees and removal/shipping receipts
All evidence presented will be authenticated, as far as is possible, by the relevant Officer. In some cases you may be asked to submit further documentary evidence. In certain cases, a Social Welfare Inspector may investigate your application.
Appealing a decision on habitual residency
If you are not satisfied with the decision of a Deciding or Determining Officer you have the right of review and/or the right of appeal. If you wish to have your case reviewed you can submit additional evidence and ask for the decision to be reviewed. You also can bring an appeal against the decision to the independent Social Welfare Appeals Office. In the case of the Supplementary Welfare Allowance, you can appeal a decision to a Health Service Executive (HSE) Appeals Officer and, if necessary, subsequently to the Social Welfare Appeals Office. When making a decision an Appeals Officer is subject to the same legislation as the Deciding or Determining Officer.
Dec 30th 2011, 11:44 am
#14
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Thread Starter
Joined: Nov 2011
Posts: 284
Re: Over 3,000 returning Irish refused dole
Ah come on sean, you are still out of work, its not like you have anything else to do................. only taking the piss. It looks like lots do get approved and its awful that some dont. But they have to tighten up the rules if Ireland is to get back on its feet.
Dec 30th 2011, 8:38 pm
#15
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Joined: Oct 2011
Posts: 77
Re: Over 3,000 returning Irish refused dole
I wouldnt want to move to a country that can only promise me 188 per week. Its not much of a life for us. Like you I'd want savings but my husband would more than likely go to work in the uk from mon to fri if it did end up that way. I am biding time so that when we do return we will be mortgage free I hope. I am hoping that by the time we do go that the country will be in recovery. I miss the people, the way of life and of course after spending the first 32 years of my life there, I miss my family and friends. 2 of my children were born there and I guess I feel alot of guilt for breaking the bond they had with their nana. Me poor aul mammy is broken hearted without us all but thats not the main reason I want to go back. Thanks for your imput. Its good to get an idea of what its like there right now, of course I'm wishing it was all better than what I am being told.