Returning to Ireland for health reasons

SlinkyL

Hoping someone can advise. If an irish citizen leaves the country approx 12 years ago, for another EU country, i.e., Netherlands and then needs to return for health reasons - this persons health has deteriorated due to epilepsy which is currently out of control, essentially because the individual has neglected health due to addiction problems over the past number of years. He also has some mental health problems.
Whilst in NL, this individual may have worked sporadically as an electrician (His trade) however I am unsure of the kind of social security record that has been built up over there. He has essentially returned to ireland to try and get his epilespy under control and his life back on track - he has been told he is not entitled to any assistance in NL and has been living there supported by some good friends who have been very good to him.
He returned to Ireland, and a friend has set him up with an apartment which he paid for the first 3 months rent to try and get him on his feet. He has contacted his local social welfare office and to cut a long story short, has no been told that because he has been out of country for over 5 years, he has revoked his residency and is entitled to no assistance or long term illness benefit until he has been here for two years. So essentially he is very unwell, unable to work as an electrician due to out-of-control unmedicated epilepsy (taking 5-10 fits monthly) and neither his home country nor NL can give him any assistance. This is a very distressing situation because if he gets no help here, he will have to return to NL and this will be a disaster in terms of his health. He came back to try and turn his life around and is getting nowhere. Is it really the case that if you leave ireland for more than 5 years you are entitled to nothing on your return? So if an ex-pat develops a debilitating condition, e.g., MS, they cannot return to their home country and get illness assistance and be able to live close-by their family??? It seems very harsh, this person is genuinely in need of help and is getting nowhere... He has been told the only thing he can do now is go to his local TD..any advice is very much appreciated, thx!!

Lugh Ildanach

You will need to be more specific to get the information you need.

What payment has been applied for? It sounds like it was a social assistance payment such as Disability Allowance or Jobseekers Allowance. Both of these require the person to be habitually resident in Ireland (known as HRC). The practice and the theory of habitual residence are very different. In theory this is how the Department says it should work http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres_supplement.aspx#sect4

14. An Irish national has lived in the U.K. for the last 35 years. He is separated and has no ongoing contact with his family there. A charitable organisation has arranged for his return to live in Ireland close to where his 2 brothers still live. He has provided evidence of termination of rented accommodation and UK social assistance. He has now claimed non-contributory State pension.

His centre of interest is now Ireland as he has terminated his rented accommodation and social assistance in the U.K.

The reality is that anyone who has spent significant time outside of the State faces the real prospect of being refused on HRC. There is a right of appeal against a refusal on HRC. While an application for a payment, or an appeal, is pending, a person can apply for Suppelementary Welfare Allowance from their Community Welfare Officer. For this payment you also have to satisfy HRC, although if this is the issue that your payment is under appeal on, then they can often give you the benefit of the doubt while your application and/or appeal is under way.

You should contact a local organisation that deals with unemployment, or if you're not familiar with the organisations in your area then give the Irish National Organisation of the Unemployed a call and they will be able to advise or pass you on to a local organisation. Their number is 01 8560088

There also may an issue about whether the person has an entitlement to JObseekers Benefit or Illness Benefit. These are social insurance payments, and do not depend on Habitual Residence, but on social insurance contributions. Obviously you'll need to know what social insurance contributions have been made in the Netherlands, although if you apply for a social insurance payment, the Irish authorities are supposed to contact the Dutch authorities to find out. There are complex rules about these kind of payments and EU law, and there is special provision for those who move here for "family reasons". It may be that these can be applied to the circumstances that you are talking about, although if they apply, the person still needs to have sufficient contributions to get a payment, whether paid in Ireland or in another EU country.