Sister moving back to Ireland what benefits can she get get?

FreedomJoe

Hi all

My sister is moving back to Ireland from the UK.

She has been made unemployed back in the UK thanks to the recession and her comoany going to the Wall!

She has been living in the UK for the past 12 years so has no Irish PRSI payments.

She has paid her full UK stamp through the National Insurance so can she have this transferred?

She dosent want to claim the dole, but until she finds something she needs to have some income!


She has no kids and no husband, she would most likely move in with me untill she got settled.

Thanks for any help.

PCPhoto

has she made any contributions before she moved over to UK ? (did she work here before she left)

if she did then she has previously paid and should be entitled to something (Maybe)

FreedomJoe

PCPhoto wrote: »

has she made any contributions before she moved over to UK ? (did she work here before she left)

if she did then she has previously paid and should be entitled to something (Maybe)

No she left Ireland not long after leaving University.

I was reading the Welfare website, and as I understand it she would be able to claim the same as a person living and working here because of the common travel area rule. Am i wrong on this?

4. HABITUAL RESIDENCE - National law
The habitual residence condition is included in the particular Section listing the conditions of entitlement for each of the relevant schemes.

In addition, Section 246 of the Social Welfare Consolidation Act 2005 provides that:

"it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date."

Section 30 of the Social Welfare and Pensions Act 2007 added the following to the above:

"(4) Notwithstanding the presumption in subsection (1), a deciding officer or the Executive, when determining whether a person is habitually resident in the State, shall take into consideration all the circumstances of the case including, in particular, the following:

the length and continuity of residence in the State or in any other particular country;
the length and purpose of any absence from the State;
the nature and pattern of the person's employment;
the person's main centre of interest, and
the future intentions of the person concerned as they appear from all the circumstances."
Important
The presumption in Section 246 does not mean that an applicant is automatically considered to be habitually resident in the State because he or she has been in Ireland (or another part of the Common Travel Area) for 2 years or more.

5.1 - Length and Continuity of residence in Ireland or in any other particular country
Habitual residence cannot be determined simply by reference to a specific period of residence in a country. The length and continuity of a person's residence must be considered along with the other factors. An applicant who has a home or close family in another country would normally retain habitual residence in that country (see Paragraph 5. 4).

However, the longer persons reside continuously in a country, the more likely they are to develop their main centre of interest in that country and to lose the ties with their previous country of residence.

Bearing in mind the presumption clause in Section 246 (see Part 4), and the reciprocal arrangements with the UK concerning the Common Travel Area (CTA), for the purpose of this factor periods of residence within the CTA immediately prior to moving to live in Ireland should be treated the same as periods of residence in Ireland. This arrangement applies only to UK citizens and EEA nationals who had retained their centre of interest within the Common Travel Area.
Ireland is part of the Common Travel Area which also includes England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man.

Where a person has been in Ireland only for a short period, consider why s/he has come to Ireland. For example, if a person comes for any of the following reasons s/he is unlikely to be habitually resident in Ireland:

Also does this mean anyone from the EU can come and claim

Conditions

You will normally qualify for Supplementary Welfare Allowance if you satisfy the following conditions:

You are living in the state
You satisfy the means test
You have applied for any other benefit/allowance you may be entitled to
You satisfy the habitual residence test, except for the Exceptional Needs Payment. EU/EEA workers and Swiss nationals working here will satisfy the habitual residence condition. However, people from the EU/EEA or Switzerland who move to Ireland in search of employment are subject to the habitual residence test in the normal way while looking for work.
You have registered for work with FÁS if you are of working age
You will not normally qualify for Supplementary Welfare Allowance if you are:

In full-time work, that is, working for more than 30 hours per week
In full-time education
Involved in a trade dispute. However, you may claim Supplementary Welfare Allowance for your dependants

thanks again

Mollywolly

I don't know about anywhere else in the EU, but all the NI contributions she made in the UK will count for any benefits here. The best thing to do is for her to apply for benefits (patience will be a virtue as the queues are long!) and make sure that she has her UK NI number and her previous work details to hand. Better still, print off the relevant forms from the welfare.ie website and fill them out before she goes - saves time at the counter www.welfare.ie/EN/Pages/jajbapplications.aspx

Also on the Citizens Information website is a useful list of documents to take with you to the Social Welfare office. I found it really handy and it might help you too.

www.citizensinformation.ie/References/checklists/cim_checklist.2006-11-16.2727226008

Not too sure, but you may find that she will have to register for a PPS/PRSI number first. Hope this helps and good luck.