PRSI credits and JB

later12 · 17-08-2011 5:31pm #1

Hi I have a query about a flatmate's jobseekers benefit application.

He is a non EU student who has been working pretty much full time since last March. He worked 15 weeks in one job, paying slightly under €500 in PRSI, before moving on to a new job. However, that second employer was in serious financial trouble (it has emerged), failed to pay wages for all but one month, and he can neither contact the employer nor establish how much PRSI has been paid to date. The employment has just ceased, as the company is about to be liquidated.

How likely is it that he will be entitled to any JB, or any assistance, based on his initial employment?

Will he be able to gain recompense from the Social Insurance Fund for wages which have not been paid (once the liquidator signs form EIP1) or is that based on a min number of PRSI payments as well?

Thanks in advance

eastbono · 17-08-2011 5:41pm

later10 wrote: »

Hi I have a query about a flatmate's jobseekers benefit application.

He is a non EU student who has been working pretty much full time since last March. He worked 15 weeks in one job, paying slightly under €500 in PRSI, before moving on to a new job. However, that second employer was in serious financial trouble (it has emerged), failed to pay wages for all but one month, and he can neither contact the employer nor establish how much PRSI has been paid to date. The employment has just ceased, as the company is about to be liquidated.

How likely is it that he will be entitled to any JB, or any assistance, based on his initial employment?

Will he be able to gain recompense from the Social Insurance Fund for wages which have not been paid (once the liquidator signs form EIP1) or is that based on a min number of PRSI payments as well?

Thanks in advance

In relation to Jobseekers if he is a full time student he will not be entitled to anything during college term. He has to be >23 years of age in January prior to starting his course in order too qualify for jobseekers during the summer. In his case as he is non eu he will have to have a GNIB Stamp 4 in order to legally work in Ireland.

From the information you provided e.g. working since March 2010 it is unlikely that he would qualify for jobseekers benefit. The governing year for claims in 2011 is 2009. See attached link re criteria for jsb.
http://www.welfare.ie/EN/Schemes/JobseekerSupports/JobseekersBenefit/Pages/jb.aspx

If he wishes he can apply for jobseekers allowance which is means tested and he will also have to satisfy Habitual Residence Condition.

I am unable to give you advice about recompense of wages not received. Perhaps someone else on the forum would have knowledge of this.

KindOfIrish · 17-08-2011 5:48pm

later10 wrote: »

Hi I have a query about a flatmate's jobseekers benefit application.

He is a non EU student who has been working pretty much full time since last March. He worked 15 weeks in one job, paying slightly under €500 in PRSI, before moving on to a new job. However, that second employer was in serious financial trouble (it has emerged), failed to pay wages for all but one month, and he can neither contact the employer nor establish how much PRSI has been paid to date. The employment has just ceased, as the company is about to be liquidated.

How likely is it that he will be entitled to any JB, or any assistance, based on his initial employment?

Will he be able to gain recompense from the Social Insurance Fund for wages which have not been paid (once the liquidator signs form EIP1) or is that based on a min number of PRSI payments as well?

Thanks in advance

if he is non-EU student, he did not have right to work full-time (20 h only). So, he worked illegally. And he doesn't have any right to social welfare.

later12 · 17-08-2011 5:50pm

Thanks for that, it does indeed look as though he won't be entitled to JB.

He has been on a student visa since January 2009 but as his course has ended (since march) is on holidays until November, and had been working full time for that reason (on stamp 2). Any idea whether he should satisfy the habitual residence requirement?

later12 · 17-08-2011 5:52pm

KindOfIrish wrote: »

if he is non-EU student, he did not have right to work full-time (20 h only). So, he worked illegally. And he doesn't have any right to social welfare.

You can work full time during holiday period.

eastbono · 17-08-2011 6:44pm

It is unlikely that he will satisfy the habitual residence condition as he came to Ireland to study. Tell him to apply for jobseekers allowance and fill out the hrc form and see how he gets on. It will take some time to process and I would advise you to tell him to go to the community welfare officer for supplementary welfare allowance in the interim but they may turn him down on HRC. But then again nothing ventured nothing gained.

Is he an EEA citizen as different protocols apply if he is.

later12 · 17-08-2011 7:04pm

eastbono wrote: »

It is unlikely that he will satisfy the habitual residence condition as he came to Ireland to study. Tell him to apply for jobseekers allowance and fill out the hrc form and see how he gets on. It will take some time to process and I would advise you to tell him to go to the community welfare officer for supplementary welfare allowance in the interim but they may turn him down on HRC. But then again nothing ventured nothing gained.

Is he an EEA citizen as different protocols apply if he is.

No he's an Australian, he is getting married to an Irish girl next year, that might help his case with the habitual residence perhaps?

eastbono · 17-08-2011 7:32pm

I know this may sound intrusive but is he living with her and is she working.

later12 · 17-08-2011 7:43pm

eastbono wrote: »

I know this may sound intrusive but is he living with her and is she working.

They're living together but she's a postgraduate student for now, not in full time employment, would that be a factor?

eastbono · 17-08-2011 8:42pm

Well if she were working it would def help his cause. Look get him to apply and see what happens. The worst case scenario is that he will be disallowed under hrc (i think this will be the case) which he can appeal. The best scenario is that his hrc will be allowed.

later12 · 17-08-2011 9:45pm

Yep, I guess he has a lot of free time now so plenty of availability for queuing!

Thanks for your help eastbono.

eastbono · 17-08-2011 10:11pm

No problem

PRSI credits and JB

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