Appealing one parent family refusal

flossee

Hi there. I have been on jobseekers for over a yr, genuinely seeking work. I am a single parent to a 19 month old DD and not involved with the father. Citizens info told me to apply for one parent family as is a more stable payment. I put in application at start of december and had a welfare inspector out to my apartment week before Xmas. Went really well and she said I would hear after Xmas. Anyway, i got a call today from a girl asking questions about my last short term job in 2008 and at the end of call said because I had only lived here 3 yrs and worked for a short period of time I did not satisfy habitual residency conditions (I lived up north before, not Timbuktu). I said that I had satisfied the exact same conditions for jobseekers and for my rent supplement and she said it didnt matter and there wasn't enough there to say I planned o stay here in the long term. I am now terrified my jobseekers and rent supplement is going to be cut. In addition to this my daughter was diagnosed with autism, sensory processing disorder and hyperkinetic disorder less than a week ago and I am still devastated from this and now have all this extra worry and stress on top of me. I have no intentions of ever going back up north to live I want to stay here, go back and study and make a career here for my daughter and I. Can anyone give me info on what I can say that would make a really good appeal? And also, are appeals ever really granted?

flossee

If anyone reading has any advice or even the smallest piece of info it would be much appreciated

mrsbyrne

appeal immediately flossee you only have 21 days. if you can get a letter from your gp or better still the specialist who diagnosed your daughter stating that you are a long term patient and that you and your daughter have committed to a long-term course of treatment and that you will be remaining where you are for these reasons. if you can get a letter from a td, any td or even a parish priest or your local councillor to support your appeal it would be great. go back to citizens information and ask if someone can help you with your appeal. a cover letter on citizens information headed paper is a plus. yes appeals are often successfull but only really if you produce further evidence to support the appeal.
unfortunately the appeals process has virtually ground to a halt due to the sheer volume of cases. your appeal will not be heard any time soon. in the meantime you must apply for carers allowance and domicilliary care allowance in respect of your daughter. you can get these application forms at cic aswell. ask them to help you. if your opfp appeal is successfull eventually you will get 1/2 rate carers allowance a well as the opfp.the domicilliary care payment is about 310 euro per month.. good luck

Lol26

Hi, can i ask when the inspector called did they look around your home or just ask you questions?:)

flossee

Hi there, first of all thank u so much for your informative reply, you really helped. I'll be including the psychologist's report including his referral to beechpark preschool. I'll give my gp a call tomorrow and ask for a letter, il include my paedeatricians apt letter for June, a letter from my health nurse, photocopy of my daughters Irish passport and birth cert and I'll get on to citizens information tomorrow. Again thanks so much.

With regards to the home visit, the woman I got was lovely. She just came into my living room. They are not allowed to look around buy are allowed to ask to use your bathroom. I had nothing to hide just me and my daughter here x

Lol26

Thank you, I was advised by other people that they have the right to look around your rooms etc, I have a friend who is having some difficuly in getting paid, he has been waiting months and no reply yet, very poor service. Hope you get your issue sorted!!

TheQ47

OP, it sounds to me like you haven't actually gotten a written decision, jsut a call from someone. If not, then, as yet, there's nothing to appeal.

Regarding the Habitual Residence, usually 3 years residing in the state is sufficient, although on its own that's not necessarily enough. However, you said that you lived up North before. Residence in the common travel area (basically Britain and Northern Ireland) is taken into account for habitual residence (see here).

Have a look at the information leaflet (pdf) on the welfare website for more info on Habitual Residence.

jellybaby21

Flossee, appeal it straight away, that is ridiculous imo, afaik, while the appeal is going through you can still get paid from your local cwo.
They are probably the best person to speak to, chin up girl x

flossee

Thanks so much everyone for all advice. My gp and my Health nurse have both written me letters saying I have committed to long term treatment for my daughter and I have psychologists report referring her to special needs preschool to back me up in my appeal. I called citizens info who informed me that I can request someone in my local office to review the refusal before I appeal, so that is great. I have so much to say I intend on staying here, just wish that cow who called me knew how much stress and upset she has caused. Pity genuine applicants are getting targeted in their attempt to push people off payments.

ladypip

Flossee

im pretty sure You are also eliagable for half rate carers allowance your daughters autism will qualify you for it. Fuel allowance and house hold benefits package as well. My nephew has autism and and my sister receives all of these payments. Make sure you look into these payments bringing up an autisic child involves enough stress without the stress of money worrys.

HTH.

jellybaby21

Forgot to say in my original posts, yes appeals can be granted I know of a few people that had theirs granted, although, it did take quite a while.

flossee

Thanks everyone so much for the advice and support. You have all been so helpful. Once I get the opf granted (which I won't stop until I will) I will start the process of getting her carers allowance and DCA sorted, god knows the treatment is expensive so it will really be needed

cee_jay

There is no point waiting to apply for Domicillary Care or Carer's Allowance, you should do that staight away.

flossee

Hi there, i would but the habitual residency condition is the same for these payments so application will be rejected until I prove I meet the conditions