Child Benefit for the unemployed

Kotek Besar

Quick question lads,

My mother-in-law's child benefit application has been disallowed because she is "not in insurable employment in the state". In fact, she's applied for Jobseeker's Allowance and is awaiting a decision.

Are the unemployed disallowed from claiming child benefit then?

Fran79

Hi
what is your MIL nationality and how long has she lived in Ireland?

Also how old are the children she is claiming for?

Fran

Kotek Besar

Fran79 wrote: »

Hi
what is your MIL nationality and how long has she lived in Ireland?

Also how old are the children she is claiming for?

Fran

Hi Fran.

Non-EEA (but resident in Ireland in accordance with EU Directive 2004/38/EC, as the family member of an EU national who is exercising Treaty rights in Ireland). Lived in Ireland for one year. Child is 16 and in full-time school.

cee_jay

benifa wrote: »

Non-EEA (but resident in Ireland in accordance with EU Directive 2004/38/EC, as the family member of an EU national who is exercising Treaty rights in Ireland). Lived in Ireland for one year. Child is 16 and in full-time school.

I think for Child benefit you also have to satisfy the Habitual Residence condition to receive payment.

From welfare.ie:
Non-EU/EEA citizens must be "habitually resident" in Ireland to quality for Child Benefit. If you are a non-EU/EEA citizen and legally working in this State, you may qualify for Child Benefit if your child is also resident here. More information is available in our document on habitual residence.

Perhaps she should give them a call and see if this is the situation - she can appeal this decision if she wishes.

Kotek Besar

Thanks cAr0l.

cAr0l wrote: »

I think for Child benefit you also have to satisfy the Habitual Residence condition to receive payment.

From welfare.ie:
Non-EU/EEA citizens must be "habitually resident" in Ireland to quality for Child Benefit. If you are a non-EU/EEA citizen and legally working in this State, you may qualify for Child Benefit if your child is also resident here. More information is available in our document on habitual residence.

Letters have been sent back and forth, in relation to the HRC. At first they said she doesn't satisfy the HRC, so mother-in-law sent a response, evidencing fully that she is indeed habitually resident in Ireland, and reminding them of this:

...Neither does it mean that an applicant can be automatically considered to be "not habitually resident" because he or she has not resided here for 2 years. In all cases it is imperative to base any such decision on the factors listed at (a) to (e) above as habitual residence cannot be determined by reference to a period of time alone - see Part 5 below for a fuller treatment of these factors.

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



They then responded to that saying that the reason for disallowance now is because she isn't currently in insurable employment (which we took to insinuate that they now accept that mother-in-law is habitually resident).

cAr0l wrote: »

Perhaps she should give them a call and see if this is the situation - she can appeal this decision if she wishes.

Thanks. I don't think we'll be calling them again. Prefer to deal with these kind of departments in writing only.

An appeal has been lodged anyway, to the Chief Appeals Officer in Dublin.

Xiney

I was deemed habitually resident in the state within five months of moving here from Canada - you absolutely do not need to be here two years.

I agree benifa, deal with them in writing from now on. Things said to you in phone calls are impossible to prove. Paper trail is the way to go.

cee_jay

benifa wrote: »

[/B]http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres.aspx

I had a look at the link and read the following:

In relation to EU nationals who have resided in the State for less than 5 years, different provisions may apply according to the person's circumstances and the type of claim, as follows:-

Family Benefits:

Child Benefit is classified under EC law as a Family Benefit. One Parent Family Payment and Guardian's Payment (Non Contributory) are also classified as Family Benefits with effect from 5 May 2005 (Regulations 1408/71 and 574/72 as amended by 647/2005).

Family Benefits are payable to a person who qualifies for EU migrant worker status in respect of dependents who are either habitually resident in Ireland or habitually resident in another EEA State.

Therefore

(a) any EEA citizen who is currently employed or self-employed here or in receipt of Irish Jobseeker's Benefit, does not have to satisfy the habitual residence condition in order to receive one of these Family Benefit payments. (Note: Payment of Jobseeker's Benefit exported from another country is not included for this purpose)

(b) any non EEA national, who has previously worked in another EEA State , and is currently employed or self-employed in the State, and

is legally resident i.e. holds a current residence permit
is lawfully employed in accordance with a work permit where so required and in accordance with the terms of his/her residence permit
is subject to Irish PRSI
whose dependants currently reside within Ireland OR within another EEA State does not have to satisfy the habitual residence condition in order to receive one of the above payments which are classified as Family Benefits.

I don't know the circumstances in this case, but it might be applicable?
They might be basing their decision on the fact she has never worked as stated above?
You have lodged your appeal though - hopefully they might have an answer for you soon. No harm in ringing them though just to see if they could clear up exactly what they meant about the employment - it might help you draft your appeal letter better, for you to state your case stronger.

magnumlady

Maybe the age of the child might have something to do with it?

My son turned 16 and I got a letter saying the child benefit will be stopped unless he is in full time education or has a medical problem.