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Claiming Jobseekers Benefit

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  • 27-05-2011 3:52pm
    #1
    mike kelly
    Registered Users Posts: 1,110 ✭✭✭


    I worked in Ireland paying tax for 7 years but have been abroad for the past few years. If I go back to Ireland, will I be entitled to claim Jobseekers Benefit (based on the taxes I have paid in the past)? Is the fact that I haven't been resident in Ireland for several years a problem?


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    #2
    eastbono
    Registered Users Posts: 2,758 ✭✭✭eastbono


    mike kelly wrote: »
    I worked in Ireland paying tax for 7 years but have been abroad for the past few years. If I go back to Ireland, will I be entitled to claim Jobseekers Benefit (based on the taxes I have paid in the past)? Is the fact that I haven't been resident in Ireland for several years a problem?

    If you make a claim in 2011 its your "A" class prsi contributions which come into play. You have to have 39 "A" class contributions in that year or 26 in 2009 and 26 in 2008 and a total of 104 contributions. In view of the fact that you have been abroad for the past few years it is unlikely you will have an entitlement to jobseekers benefit. You can apply for Jobseekers Allowance... this is a means tested payment and you will also have to meet Habitual Residency Criteria.


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    #3
    mike kelly
    Registered Users Posts: 1,110 ✭✭✭mike kelly


    eastbono wrote: »
    If you make a claim in 2011 its your "A" class prsi contributions which come into play. You have to have 39 "A" class contributions in that year or 26 in 2009 and 26 in 2008 and a total of 104 contributions. In view of the fact that you have been abroad for the past few years it is unlikely you will have an entitlement to jobseekers benefit. You can apply for Jobseekers Allowance... this is a means tested payment and you will also have to meet Habitual Residency Criteria.

    thanks, how long do I have to be in Ireland for to meet the habitual residency criteria?


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    #4
    eastbono
    Registered Users Posts: 2,758 ✭✭✭eastbono


    Do you hold an Irish passport? Were you born in Ireland? Do you still have close family living in Ireland?


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    #5
    cee_jay
    Moderators, Business & Finance Moderators Posts: 7,920 Mod ✭✭✭✭cee_jay


    mike kelly wrote: »
    thanks, how long do I have to be in Ireland for to meet the habitual residency criteria?

    There is no set time. As long as you can show your centre of interest is in Ireland you will meet the habitual residence condition. An Irish person, returning from abroad, with no ties left abroad, e.g. spouse, children, house etc, should meet the condition.


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    #6
    mike kelly
    Registered Users Posts: 1,110 ✭✭✭mike kelly


    eastbono wrote: »
    Do you hold an Irish passport? Were you born in Ireland? Do you still have close family living in Ireland?

    yes to all three questions (although I don't understand the point of the third one)


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    #7
    Jarren
    Closed Accounts Posts: 4,692 ✭✭✭Jarren


    http://www.welfare.ie/EN/OperationalGuidelines/pages/habres.aspx


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    #8
    mike kelly
    Registered Users Posts: 1,110 ✭✭✭mike kelly


    jarecki1976 wrote: »
    http://www.welfare.ie/EN/OperationalGuidelines/pages/habres.aspx


    "An Irish national resided and worked in Ireland before moving to the Netherlands to work and live for a number of years. He lost his job in the Netherlands and, having failed to find alternative work there after 3 months, decided to return to his family in Ireland. On his return he applied for Jobseeker's Allowance and satisfied the Deciding Officer that his future intention was to find new employment and remain in Ireland. He was considered as resuming his previous habitual residence."

    This is similar to my situation. I see there is no clear rule though so if the Deciding Officer is a cnut, I could end up with nothing!


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    #9
    eastbono
    Registered Users Posts: 2,758 ✭✭✭eastbono


    You will be considered an Irish person returning home you should have no problem with the habitual residence criteria especially with what you have already stated here... you are irish and you have family living here.... the only place where you could be rejected is if you have a child living abroad.


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    #10
    mike kelly
    Registered Users Posts: 1,110 ✭✭✭mike kelly


    eastbono wrote: »
    You will be considered an Irish person returning home you should have no problem with the habitual residence criteria especially with what you have already stated here... you are irish and you have family living here.... the only place where you could be rejected is if you have a child living abroad.

    what if I had no family living in Ireland? A person living abroad might want to return after their parents death


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    #11
    eastbono
    Registered Users Posts: 2,758 ✭✭✭eastbono


    mike kelly wrote: »
    what if I had no family living in Ireland? A person living abroad might want to return after their parents death

    Each HRC application is decided on an individual basis.


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