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Habitual Residence Condition

  • 02-11-2009 3:24pm
    #1
    HairyCamel
    Registered Users Posts: 2 ✭


    Hi

    I'm Irish and recently moved back home to Ireland from the UK after 12 years in full time employment.

    I've had no luck in finding a job yet and have so claimed for Job seekers Allowance. Whilst awaiting for this to be processed I claimed Supplementary Welfare Allowance from the community welfare officer. Within a week the claim for SWA was refused on the basis that I'm not habitually resident in the state. I appealed this and 2 months later it was refused again on the same basis, the reason being that I've never held a job in Ireland and I've spent the last 12 years working in the UK.

    I was under the impression that If you are now resident in Ireland, and have lived here or in other parts of the Common Travel Area (Eire + UK) all or your life, you will probably satisfy the habitual residence condition.

    I would be very grateful if anyone could provide an insight into why an Irish citizen, who has never travelled outside of the common travel area wouldn't be considered habitually resident in his home town.

    Thank you :)


Comments

  • #2
    Balagan
    Registered Users, Registered Users 2 Posts: 2,168 ✭✭✭Balagan


    You have to convince them that you are here to stay i.e., have transferred your bank accounts here, have sold up/leased out any property in UK, if you are in a current family relationship that your family have moved here with you, any kids who might normally reside with you in UK now enrolled in education here, that you have bought property or leased property here, that you have established links in the community, joined clubs etc., generally show evidece that you are setting up your primary home here rather than staying with friends/family while you see if you can get a job but still maintaining primary residence in UK.


  • #3
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    You are entitled to transfer your UK benefits here in the interim.


  • #4
    eithnecoyle
    Closed Accounts Posts: 1 ✭eithnecoyle


    Hi
    I'm an Irish National recently returned from 10 years working in the Southern Hemisphere. I got a short-term job in the North whilst living just over the border in the south. When my job ended I tried to sign up for welfare whilst searching for other jobs but was told by BOTH the Dept of Soc Protection and Community Welfare officer that I don't qualify for HRC (apparently this is because I didn't move my furniture here when I traveled the 15,000 odd miles and also because I don't own property in Ireland). I am a community volunteer and have applied for numerous jobs in the area. I now stand to lose my flat and currently have no money for food (or even petrol to get to interviews). I have contacted my local TD who says that he cannot do much if it is already at appeals stage. I sent an e-mail to the Human Rights Commission and got an insipid (this is not really our field) response. And yet the way I am being treated I am sure violates my human rights and is in flagrant violation of the Irish Constitution. I have a meeting with a local journalist next week because I know that there are three other Irish nationals in my area going through the same situation.
    But all the politicians and journalists in the world can't help me to survive. Can anyone tell me what to do? Thanks


  • #5
    wmpdd3
    Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    Do you have family here? You need to collect as much paper evidence that you are here to stay in Ireland. In the meantime, looking for any job seems to be your only option.


  • #6
    Balagan
    Registered Users, Registered Users 2 Posts: 2,168 ✭✭✭Balagan


    The Saint Vincent de Paul will help you keep body and soul together http://svp.ie/Home.aspx

    As you are so far along in the process, you probably know a lot already, but to recap, you have, of course, an absolute right to live here but there have, for quite a long time now, been tight habitual residence conditions to be met in order to get social assistance payments. http://www.boards.ie/vbulletin/newreply.php?do=newreply&noquote=1&p=76659426

    As another poster suggested, you need documentation to prove your habitual residence. They will assume you are not habitually resident unless you prove the contrary. They won't ask you documentation - it is up to you to supply every one way air ticket, every proof of having left work abroad, left your GP abroad, clubs abroad, sold your property abroad, closed your bank accounts abroad etc. And then to provide evidence of every thread picked up here proving that this is your main centre of interest now - your lease, your joining of clubs here, library, opening bank account etc. Get letters to that effect from bank manager, club administration, clergy (if you are are active in an organized religion) etc. You should amass as
    much documentary evidence as you can and sent it, even if your appeal has already been submitted. http://www.welfare.ie/en/operationalguidelines/pages/habres.aspx


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