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Moving back from London & claiming JSA

  • 01-11-2011 12:23pm
    #1
    Closed Accounts Posts: 1


    Hi All -

    I've been living in London for 7 years and bought a flat here in May. I want to take some time out to reassess my career situation and am seriously considering moving back to Dublin to live with my parents for a while. Would I qualify for JSA in Ireland despite not paying National Insurance there for 7 years and owning property? I spoke to a guy on the phone who said I might be able to transfer my UK NI contributions over to Ireland and make a claim for JSA based on those but he didn't sound very confident. Could any of you advise?

    Thanks

    Deb


Comments

  • Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    Are you on JSB in England? If you have been on JSB for 4 weeks over there then you can transfer it to here but only at the UK rate and only for 78 days and you will have to organise that yourself in your local UK SW office before you leave. if your not on JSB then to cut a long story short your not going to get anything here, or at least not without a lengthy battle during which you may apply for, but almost certainly not get, and SWA payment from the CWO. please read this link and a section from www.citizensinformation.ie links before you make any desicions.
    http://www.inou.ie/welfarerights/unemployedjobseeker/jobseekersallow.html

    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.

    Apart from all else, if you give up a job in England then can you justify the "looking for work""available for work"condition in JSA ?(if you give up a job without serious good cause then you are disqualified from JSA) If you own a property in London then this will be included in the JSA means test. Thats before they even get started on the Habitual Residence Condition. I hope i dont sound too pessmistic. These pages are littered with returning Irish emigrants who should have looked before they leapt:( Dont become another one.


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