Jobseeker Allowance for EU national after foreign holiday

GMHopkins

I'm from the Netherlands and have lived and been employed in Ireland for 6 years but left my job 7 months ago to travel around South America. I've now returned and wish to claim Jobseekers Allowance. My questions, if any wise person would do me the honour of educating me in this field, are: Will I be penalised for leaving my employment voluntarily, and will my "habitual residence" be questioned?

Thanks in advance to anyone who answers.

amtw

If you voluntarily make yourself unemployed you can be penalised for up to 9 weeks. You are more then 9 out of work so you should be able to sign on immediately. The Habitual Residence Condition shouldn't come into the equation for Jobseekers Benefit as it is based solely on your SW record. So long as you can provide evidence that you are now residing in the country then you should be able access Jobseekers Benefit.

GMHopkins

Thanks for your reply AMTW. I had a permanent but only a part-time job before traveling so I'm not sure if I satisfy the conditions for receipt of Jobseekers Benefit. Would anyone like to give an opinion on whether I might satisfy the Habitual Residence Condition for receipt of Jobseekers Allowance?

eastbono

GMHopkins wrote: »

Thanks for your reply AMTW. I had a permanent but only a part-time job before traveling so I'm not sure if I satisfy the conditions for receipt of Jobseekers Benefit. Would anyone like to give an opinion on whether I might satisfy the Habitual Residence Condition for receipt of Jobseekers Allowance?

Impossible to say as each claim is dealt with on an individual basis.You maybe entitled to a graduated rate of jsb if you were working all year round but only on a part-time basis your average weekly earnings if they were <€300 per week would give you a graduate rate of course this depends on whether you have enough overall contributions and have enough contributions paid in 2010 which is the governing year for claims made in 2012. If you are entitled to a graduated rate of jsb then apply for this and also ask about optional jobseekers allowance claim which is means tested and habitual residence has to be passed.

GMHopkins

Thanks for explaining that Eastbono.
I guess what I really need to know now is if anyone can explain how the rules of Habitual Residence would apply to me?

amtw

The department have 5 ctriteria when deciding on Habitual residence. I have cut and pasted this from the www.citizensinformation.ie

"5. Examine the 5 factors to determine habitual residence
Once your right to reside has been established the following 5 factors (which have been set down in Irish and European law) are examined to find out if you are habitually resident in Ireland:

• Length and continuity of residence in Ireland
• Length and purpose of any absence from Ireland
• Nature and pattern of employment
• Your main centre of interest
• Your future intentions to live in Ireland as it appears from the evidence

You can find out more about the 5 factors in the Operational Guidelines on the Department of Social Protection's website. The Department of Social Protection has also published a supplement to the Guidelines with scenarios which show how the habitual residence condition is applied in practice."


The most importand factor above is "your main centre of interest". You must be able to prove that that is Ireland. They will need evidence that you intend to remain in Ireland and make you your future here. Evidence such as a 1 year lease on a house or apartment, car insurance for a year. It is much easier if you have children because once they are enrolled in school here that is proof that you intend to stay. Are you involved in a relationship here, to you belong to any clubs or societies, if not join some.

They will look for evidence of your future intend you must provide hard evidence not just your word, it can be done you just need to gather up as much backing documentation as you can.

The best thing though is if you can get a job of any sort even for a few weeks then even if you lose your job you can apply for Supplementary Welfare Allowance as an EU worker and HRC doesn't matter.

eastbono

GMHopkins wrote: »

Thanks for explaining that Eastbono.
I guess what I really need to know now is if anyone can explain how the rules of Habitual Residence would apply to me?

In view of the fact that you have worked in Ireland for 7 years prior to leaving for 6 months you should have a good chance of proving habitual residence. You will have to show that it is your intent to remain in Ireland e.g. registering with FAS, employment agencies and showing applications for work in Ireland best to do this through an employment agency and print off the applications and replies. It also depends on what your previous work record was.... if you have less that 40 contributions paid every year for the 7 years in Ireland then where you were for 3 months of every year will be questioned. You do not say if you are married or have children in Ireland. All these factors will also come into play.

NB.. HRC is still applicable for supplemetary allowance. Criteria for HRC for SWA is less stringent than for JSA but in view of the fact you have left the country this may not be the case for SWA.

GMHopkins

Thanks guys. You've been most helpful!