social walfare

zaza7625

Are foreign children entitled to child benefits if they left the state and returned back again?

seamus

Children aren't entitled to child benefit

But yes, anyone living in Ireland with a child is entitled to claim child benefit if they satisfy the habitual residence requirement.

DeLuxy

As a Non-EU/EEA citizen (I understand from previous questions that you are from Georgia) you, as the parent of the children must be habitually resident in Ireland to quality for Child Benefit.

It is only if you as non-EU/EEA citizen are legally working in this State, that you may qualify for Child Benefit ifyour child is also resident here.

Satisfying the habitual resident condition with the Department of Social Protection is very difficult in these challenging economic times. You will need to have plenty of evidence and proof of employment, wages/income, housing and it will also be necessary for the children to be registered and attending local schools as well as for the children to be registered with GPs, etc for a significant period of time. You will also have to prove you links with your local community in Ireland so as to establish that your residence in Ireland is you and your family's main centre of interest. Where does your extended family live? Do you own property in Ireland? What bank accounts do you have?

If you are not currently living in Ireland and have not been living in Ireland for the recent 2-3 years it will be a near impossible task to prove to the authorities that Ireland is your centre of main interest.

You really need to obtain professional advice from an Immigration solicitor who also has the necessary expertise in Social Welfare Law.

zaza7625

thanks

zaza7625

Do EEA country members need habitual residence provement in order to entitle them child benefit? as fas as I have read on the social walfare site, them who are members of EEA country do not need the provement of habitual residence. IS IT TRUE?

Thanks in advance

Farcear

Citizens of EEA members are exempt from the requirement to prove habitual residence if they are employed / self-employed:

http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres.aspx#sect3 wrote:

any EEA/EU citizen who is currently employed or self-employed here or who is in receipt of Jobseeker's Benefit does not have to satisfy the habitual residence requirement (HRC) in order to receive one of these Family Benefit payments (edit: this includes child benefit).

I assume there is an overriding habitual residence requirement to get jobseeker's allowance - so that's not really an exemption.

zaza7625

I am not talking about jobseekers allowance, I am talking about child benefit whether it is possible to get. as far as I know, any child who resides on Ireland's territory are entitled for child benefit

Farcear

Re-read the quote in my above post -- child benefit is a "family allowance".

Children are not entitled to child benefit.

Parents are entitled to child benefit for having kids.

DeLuxy

Child Benefit in a European context is not seen as a social welfare payment but as a family payment so the usual rules re HRC (Habitual Residence Condition) would initially at first glace seem not to apply. However, the reality of applying for Child Benefit is that the conditions and requirements to be satisfied are as exacting if not more so than the HRC for non-prsi social welfare allowances.

In fact most of the CB1 form (application for Child Benefit) consists of questions in respect of the parents' cirumstances (employment, self-employment, place of residence, previous places of residence, etc) and as such are a round-about way of requiring proof of the parents being resident in Ireland. This is evidenced by the documents one needs to submit with the application for Child Benefit:

• Verified copy of your certificate of registration (GNIB card) for all non-EU and non-EEA Nationals.
• Letter from school or college for each child of school going age living in the Republic of Ireland confirming the date your child started attending.
• Letter from your doctor, the Gardaí, playschool or crèche confirming residency of each child not of school going age living in the Republic of Ireland.
• Letter from your and your spouse's, civil partner’s or cohabitant’s employer with employer’s registered number, the class of social insurance paid and start date of employment.
• Completed and signed HRC1 form for unemployed EU and EEA nationals and all non-EU and non-EEA nationals.
• Work permit for Romanian and Bulgarian nationals (if applicable)
• If your child(ren) were born outside the Republic of Ireland: Original birth certificate(s) or a verified copy for each child you wish to claim for.

On a practical level, you will need to have an Irish address, be employed/self-employed (requiring registration with Revenue, etc) or be in receipt of a social welfare payment with the children registered in schools and with the children registered with GPs, etc, etc, before applying for Child Benefit.

Applying for Child Benefit when not already resident in Ireland (with all the supporting documents like rent books, tenancy leases, utility bills, etc, etc) is a near impossible task.

zaza7625

thanks