EU Citizen, Habitual Residence Condition and Entitlement To Family Benefits

mjlee

I have a friend who is an EU citizen (French national) and is a single mother. She has recently been offered employment in Ireland and is considering accepting this offer and re-locate with her daughter. She wants to move to Ireland as she wants to raise her child in an English speaking country, so will be enrolling her in the local school if she comes.

As the employment she is being offered is part time (as she needs to look after her daughter once school is over), it means her income is quite low. Would she be entitled to One Parent Family Allowances, Child Benefits and Family Income Supplement having only been in Ireland for a short period of time?

We have been researching this quite a bit and get confusing answers. On all the official websites it says that because she is an EU citizen and is employed, she does not need to meet the habitual residence condition for Family Benefits (such as the ones above). However when we speak to people, it seems that EVERYONE has to be HRC tested regardless... in which case we are concerned she won't meet it yet due to the short time she will have been here.

Has anyone had similar experiences to this and can advise?

Thanks!

Citizens Information: Graham

Hi mjlee


Sometimes the application forms for payments include a section on habitual residence. While your friend should still fill out these sections, it does not mean she won't qualify for a payment.

An EU citizen working in Ireland can qualify for Child Benefit and for the One-Parent Family Payment without satisfying the Habitual Residence Condition, as long as they meet the other conditions of the schemes.

Family Income Supplement is not subject to the Habitual Residence Condition.


Graham Long
Citizens Information

mjlee

Hi Graham

Thanks so much for the clarification - so it is as we understand based on what is on the websites. We just got thrown off when we were told that all claims for OPF and Child Benefit would need to go through the HRC test regardless of employment, etc.

I have some other questions that you may be able to help me with:

1. Do you have any idea what the timelines are from submitting the claim to getting a response? This would be handy to know so my friend can ensure she has enough savings before coming over.
2. Also do social protection start paying you from the time they approve the claim or from the time you submitted the claim (i.e. do they back pay)?

Thanks again!

Citizens Information: Graham

Hi mjlee


I'm afraid I don't have up-to-date information on waiting times as this can vary depending on the payment and the location.

Payments are usually backdated to the date of application.

For example, in the case of FIS, "payment is made from the Thursday following the effective date of claim, which is normally the date it was received in the Department." (DSP Operational Guidelines)

Graham Long
Citizens Information

mjlee

Thanks for checking and all your help!