Very Unusual Personal Circumstances

ExPatriot

Hi there.

I have been living in the United Kingdom since July of 2012. My move to England was forced by a combination of personal legal difficulties {family law} and long-term unemployment.

Prior to moving to England, I had claimed Back to Work Allowance. It had expired before I left for England and I had claimed no other benefits in the interim.

Since moving to England in July, I have worked since November as a labourer and paid National Insurance and Tax. These have been deducted from my pay packet under the Construction scheme they run over here. My tax is refundable as I have come in under the tax free allowance for the tax year. I worked flat out for 6 months, October 30th to April 30th. I had one week off in this period.

The work has now run out and I am very homesick in any case. I have paid off my debts in Ireland and was paying them off since I arrived here in July, €405 per month to AIB. The reason I mention this will, I hope, become clear later.

In the meantime, I am trying to engineer a return to Ireland and register with FAS for a training course as a welder.

What I am concerned about is whether I will be able to claim dole in Ireland, firstly, off my social insurance payments made in England, and secondly, would I be able to satisfy the "Habitually Resident" clause, as I have spent the last year in England??

Would the fact that I was paying off money owed in Ireland to a public-owned bank make any difference? If I had reneged on that loan would it have looked like I had broken a tie with Ireland. I always paid it back and never missed a payment as I always wanted to come home, and in good stead at that.

I do not own any property in England, I did not rent any property or any part of any property here either. I live with my brother-in-laws mother. My mother and father and brother still live in Ireland. I am on the electoral roll in Ireland.

Thanks for any help anyone can offer in this regard. I understand this is a most unusual case and people might not be able to follow it too easily or offer any easy solutions.

maryk123

You should have no problem in fact you showed initiative that you could et off your ass and get work abroad but now circumstances have changes bring everything back with you. Proof that you didn't claim social welfare over there. Proof that job finished payslips etc. proof that you were living with your mother in law-a letter from her should do and start applying for jobs online now in Ireland to show you are genuinely looking for work. Also it won't take a week or two it could take a couple of months so be prepared for that. Also when you were working how were you paid -if int a bank you need to show bank accounts and that you have closed them. Proof that you were paying off aib loan here etc.

ExPatriot

maryk123 wrote: »

You should have no problem in fact you showed initiative that you could et off your ass and get work abroad but now circumstances have changes bring everything back with you. Proof that you didn't claim social welfare over there. Proof that job finished payslips etc. proof that you were living with your mother in law-a letter from her should do and start applying for jobs online now in Ireland to show you are genuinely looking for work. Also it won't take a week or two it could take a couple of months so be prepared for that. Also when you were working how were you paid -if int a bank you need to show bank accounts and that you have closed them. Proof that you were paying off aib loan here etc.

Hi there, thank you very much for your response. I hope this thread might become an information resource for people who have difficulty asserting their habitual residence.

There are two things which I perhaps should have expressed earlier

1. I claimed welfare over here, but only for 2 months, I think it came to £600 or so, and it was considered for taxation. As against that, I worked for 6 months.

2. I am registered on the NHS and with a GP practice.

Maybe that would count against me, or for that matter, anyone who was in a similar position.

Thank you again and take care.

eastbono

Get a statement from the Dept of Work and Pensions stating you are not in receipt of any payment from them. While you are waiting for your claim to be processed you can apply for supplementary welfare allowance from the community welfare officer. Also remember that if you get any paye work in Ireland its very important that you get your contributions from UK added to your Irish record for benefit or pension purposes going forward.

ExPatriot

eastbono wrote: »

Get a statement from the Dept of Work and Pensions stating you are not in receipt of any payment from them. While you are waiting for your claim to be processed you can apply for supplementary welfare allowance from the community welfare officer. Also remember that if you get any paye work in Ireland its very important that you get your contributions from UK added to your Irish record for benefit or pension purposes going forward.

Thank you very much for that.