Habitual Residence Condition

johnkenn

I lost my job recently and I my made my application for jobseeker and Supplementary Welfare,but up till today have not been able to get any payment from the CWO in my area.She told me that all my application are pending, just because they are yet to get respond on my HRC 1. Do any one know how they make decision on the HRC 1? I have been working in the country for the past 2 years and married to an EU citizen with a child.

mp22

http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres.aspx have a read, but I don't know how much help it will be.

maryk123

why are they doing hrc on you - were you working abroad - are you non irish - give a little bit of background

johnkenn

Yes, I am non irish. I have been living here since 2009 and married to an Eu Citizen with a child since 2010.I have been working since 2010 till when i lost my job last month

StillWaters

Is your partner in employment here? If he is, i imagine it will be easy enough to prove you are habitually resident here. If not, it may be more difficult, as although he has a right to reside here, it does not necessarily mean he is habitually resident either.

johnkenn

Yes she is in employment here and still working. The CWO officer said HRC decision has made all my application pending (JSA,Rent Supplement)

eastbono

Your HRC should be fine as you have been working here and you are married to an EU national who is still in employment. Your spouses earnings will be assessed as means against you for your jsa/swa claim.

maryk123

whats your status here - did you marry an eu national and stay here - where are you from. what were you doing when you came here etc. its all a bit too vague.

when did you come
what is your status
your partner is working
what is your work history

it makes no sense to me at all how you are pening - rent allowance if your partner is working. ja would be means assessed. give me a bit of history

Balagan

maryk123 wrote: »

whats your status here - did you marry an eu national and stay here -we where are you from. what were you doing when you came here etc. its all a bit too vague.

when did you come
what is your status
your partner is working
what is your work history

it makes no sense to me at all how you are pening - rent allowance if your partner is working. ja would be means assessed. give me a bit of history

The OP never mentioned Rent Allowance (Rent Supplement). Mention was made of Supplementary Welfare Allowance which is claimable while waiting for a Jobseekers appplication to be processed.

StillWaters

johnkenn wrote: »

Yes she is in employment here and still working. The CWO officer said HRC decision has made all my application pending (JSA,Rent Supplement)

OP did mention rent supplement here. This may mean that partner is working very few hours which might complicate the HRC decision.

johnkenn

My partner only work part time (17hrs) a week. I have been in the country since 2009,working since june 2010 till July 2012 when i lost my job. Don't understand how her working hours will complicate my HRC decision

Balagan

StillWaters wrote: »

OP did mention rent supplement here. This may mean that partner is working very few hours which might complicate the HRC decision.

You're right. Didn't spot that. Apologies.

maryk123

you still didnt answer my questions. i dont understand why they are hrc ing you. why doesnt your partner apply if she is working 17 hours and she will be means tested and you wont have to do hrc - another option

johnkenn

My status here is Stamp 4 Eufam,yes I married an Eu citizen and been living here.I came into this country 2009 and been working since 2010 till when i lost my job July 2012. I am a non-Eu citizen.

eastbono

maryk123 wrote: »

you still didnt answer my questions. i dont understand why they are hrc ing you. why doesnt your partner apply if she is working 17 hours and she will be means tested and you wont have to do hrc - another option

In order to receive jsa which is a means tested payment all non nationals and nationals(who have been out of the country) have to satisfy hrc. His partner would also have to undergo hrc is she is applying for jsa.

maryk123

yes but he didnt say he was out of the country-hrc is not obligatory on all applications for jsb/jsa. there is something missing here. if he was working from 2010 to 2012 he should have enough stamps and the cwo should pay pending jsb/jsa unless his partner earns over entitlement. so the fact the cwo is awaiting the hrc means there is more to the storey - thats what i think. even if he is applying for jsa his partners means are taken into account that would not require hrc. so this makes no sense to me at all.

eastbono

maryk123 wrote: »

yes but he didnt say he was out of the country-hrc is not obligatory on all applications for jsb/jsa. there is something missing here. if he was working from 2010 to 2012 he should have enough stamps and the cwo should pay pending jsb/jsa unless his partner earns over entitlement. so the fact the cwo is awaiting the hrc means there is more to the storey - thats what i think. even if he is applying for jsa his partners means are taken into account that would not require hrc. so this makes no sense to me at all.

Hrc is obligatory on all non national applying for jsa... it does not apply to jsb. Hrc applies to non nationals and as I posted previously and for nationals who have been out of the country for a considerable period of time. You obviously do not know the criteria involved in Hrc... as I stated in an earlier post he will more than likely satisfy hrc as he is married to an eu national and she is still in employment in the country. Cwo will only pay to eu nationals if they are deemed hrc or eu worker... op is not an eu national

mp22

I think were about done here.Closed