2.5 british citizens being refused HRC

skodafelicia

Hi there I have exhausted all avenues and and thought someone out there could help

I lived in ireland for a lot of my teenage years after school in the uk as most of my family live here (i am uk citizen). I started getting benefits when I turned 18. I left ireland when i was 19 to join the british army as i couldnt find work here. i did five years and decided to leave and returned to ireland with a wife and soon to be born baby.

I went into the social welfare to start my claim back up while looking for work but told i will have to wait for the result. i have since been refused many times due to HRC and have finally got an appeal to the chief appeals office but am waiting for an answer.

In the mean time i have been in to see my CWO and they have refused me due to HRC and will not give me a payment until the result comes back from the chief appeals office which will be no good as i will get payment anyway when approved.

I have been dealing with this since march and still have not had even one payment. my baby is due in 5 weeks and i go into the CWO every week to receive the same answer of no, even when asking for exceptional needs payment. i am told that my needs are not exceptional.

i have been approved for housing and am on the list. but cannot get rent allowance as i have no income, i am staying with family and they are getting very tired of shelling out for me and my wife so the pressure is on.

I have asked what is going to happen when my child is born and told by the CWO that i will still receive no money it is all pending on the appeal from dublin. i dont even have any bottles for the baby yet.

Anyone know of anything that i could do that i have not tried, i obviously have future intentions here as my pregnany wife is about to give birth here

horse7

what is hrc.

gustafo

You will find it difficult as you have never payed income tax here....why don't you go back to britain where you have payed tax before and should have no problem claiming dole.

MarkR

I had to google it also. Habitual Residence Condition. This has come up a bit with people returning from a couple of years overseas (even people born here).

In regard to your child on the way, try your district health nurse, st vincent depaul etc. Might be able to help you with the needed supplies. Best of luck.

mikemac

Do the British Army have a union rep for ex servicemen?
I doubt you're the first to have trouble with welfare leaving the army, even Irish welfare.

Might be a benevolent organization for ex servicemen who could help you while you're waiting

Delancey

mikemac wrote: »

Do the British Army have a union rep for ex servicemen?
I doubt you're the first to have trouble with welfare leaving the army, even Irish welfare.

Might be a benevolent organization for ex servicemen who could help you while you're waiting

Good suggestion . OP the Royal British Legion have an Irish branch , as mikemac has said ex-serviceman with benefits issues is all too common. The RBL have dedicated welfare officers who can help.

skodafelicia

Thanks for the help with this, i actually went up to the British embassy today and they couldnt see me immediately but i did get a phone call on the way home and they said that they have no jurisdiction here so they cannot help only give advice, the advice was to speak to my local councillor which i have been doing, i asked about the common travel area and he explained it to me and said that they were just not adhering to it but it does exist. they were shocked to hear that the CWO will not give me any payment. i also went to the British legion in Dublin and they couldnt help either, i could have filled in some paperwork and waited to hear if i was going to receive a one of payment but that could take ages apparently.

I still dont know what to do this is ridiculous that i cannot get any kind of payment at all even with the child due in five weeks, i feel as if my options are getting less and less. i think i am going to be forced to do a robbery or something soon just to make ends meet.

Can anyone give me any advice (any key words to say to the CWO) on this and is it actually legal for them to turn there backs on me, they would have to help me if i were to turn up without no passport and an accent so why am i being treated so wrong.

Lola92

I'm so sorry OP, that is a horrible situation for you and your partner to be in.

With regard to new baby on the way all you need the first few weeks are nappies, vests and baby grows and baby hat - all available very cheaply in Dunnes/Pennies. Newborns don't need proper outfits. A few blankets and sheets you have around the house are fine for baby once its not a duvet. Would your partner consider breast feeding? So much better for mum and baby, loads of health benefits for both and its free!!!

Try to see can you borrow a cot/moses basket or pram from family or friends (SVP may also help with this). You will also probably be inundated with presents, I have a 6month old an honestly I was amazed at the amount of stuff we got from people I never even imagined! People can be so generous that way.

Good luck OP, If you need any other baby related advice PM me.

mp22

This is not the parenting forum.Please keep on topic.

noreen123

Hi there, saw your message and I am surprised that you have not been sorted but there are huge backlogs, it will come through and you will just have to go each week until claim is sanctioned, I would say it will come but takes a long time. I hope all goes well with the baby, I know its not easy for ye but as you are accepted on the housing list ye will get sorted.
Can I ask you a question, my son who is 16 and has no formal qualifications, droped out of school, he lived in the UK last year and has to apply for has national insurance number, he is now back in Ireland and bored out of his mind. He insists he can join the british army, surely he has to have GCSE's or Junior cert, can you advise me on that, how does he apply and is it very difficult to get a place.
Thanks

skodafelicia

noreen123 i have PM'ed you

Lugh Ildanach

If you have returned to Ireland for family reasons you may be entitled to Jobseekers Benefit (which does not depend on habitual residence). There is usually a requirement that you have paid one PRSI stamp since last arriving in Ireland, but there is an exception if you move for family reasons.

See the Berggeman ruling from the ECJ cited here http://www.welfare.ie/EN/Policy/EU/Euguide/Documents/Part8.pdf and speak to an expert in EU or unemployment rights, perhaps the Immigrant Council www.immigrantcouncil.ie or Migrant Rights Centre www.mcri.ie

Even if you don't end up qualifying for Jobseekers Benefit, and require habitual residence for an Allowance payment, then if your only reason leaving was to go to find work, and have now returned, you should be considered habitually resident (all other things being equal). Have a look at the examples provided on the Department's own website, http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres_supplement.aspx#sect4

One example that seems to fit in with your pattern would be this one (remember that your nationality is irrelevant, its all about where your centre of interest is):

17. An Irish national was brought up in West Donegal. After completing her education she found work in Derry, and rented a flat there. She has now lost employment after 9 months and has returned to her parents' home in Donegal. She is claiming JA after exhausting her entitlement to UK benefit. She is seeking employment locally or anywhere in Ireland or UK.

HRC is satisfied. Her centre of interest moved to Derry only because of finding employment there. The loss of employment and her decision to base herself at home until new employment is found indicates that her centre of interest is presently again in Donegal.

Perhaps use these as leverage to persuade the CWO to change their mind (they are the Department's examples after all), or have the matter referred up to the Superintendent CWO. The angle you need to take is to try and persuade the CWO that you have a reasonable chance in your appeal. You are only asking that you be given your opportunity to put your case forward.

If there is no movement in them, you can appeal the refusal of SWA to the local HSE appeals office, and further on to the Social Welfare Appeals Office if necessary (this is separate from your appeal against Jobseekers). And you can apply for SWA pending this further appeal!!!!

If it does turn out that you should have had a JB claim processed instead of a JA claim, this would change everything, and you should be able to get SWA while they sort out the mess.

skodafelicia

Thank you everyone for your help, the chief appeals office dublin have allowed my appeal, the next obstacle i now have is trying to get backdated to when my claim first went in.

Delancey

Delighted to hear you won your appeal.

babsybaby01

+1