Jobseekers Benefit

mattaius

I moved to West Ireland from the UK last year, wasn't able to find work so claimed Jobseekers Allowance. After 3 months my claim was rejected due to habitual residence conditions which I didn't satisfy.

I then moved to Dublin and found a temp job, when that finished I had to move back to the West, and put a claim in for Jobseekers Benefit - I used my first Irish stamps and I believe the local office have sent off for my English NI contributions to use to qualify for this type of payment.

My claim was put in 12 weeks ago today.
The local office told me the main office have tried to send me a letter asking for more info, but weren't happy that I was living at the address I stated on my claim, and that I had to get my landlord to sign a bill to say I am living at that address.

So this was done last week and I'm still waiting for a letter off them. The lady at the local office reckons it's a letter asking for passport photographs for a new ID card.

Anyhoo... just yesterday I was offered a full time permanent position back in Dublin which I've accepted and due to start next week.

My questions are, if I tell the local social office about this and sign off, will I still receive payment covering the last 12 weeks? And with me moving back to Dublin, is this gonna turn into a major ball ache to get this money?

I have worked all my life in England and since I moved here, other than the temp job I found, i have been on my arse and thankfully I've not had to pay any bills or rent because of the position I'm in.
It seems because I'm not an Irish national, even though I have worked, want to work and will be working again soon, I'm unable to get any help with any supplementary payment because I can't pass the habitual residence condition.
(I understand the differences between Jobseekers Allowance, Benefit, and Supplementary).

Anyway... does anyone know how much longer I have to wait, and how I will get this money, will it be in the form of a cheque, or will it be paid in instalments etc? Obviously I will not be drawing money off the social when I am working full time.

If anyone can please please offer any advice I would really really appreciate it. As the folk round here say: this has been 'driving my head' for months now!!!

Mr Simpson

Moved to State Benefits

ArnieSilvia

Read up on common channel area, I think this might provide answer:

7. Who is habitually resident?

The question of whether a person is habitually resident (not just legally resident) must be determined by the application of the factors listed in Section 246 (4). Section 246 (9) emphasises that the right of residence alone does not establish that a person is habitually resident.
The following paragraphs detail additional information to be noted when deciding the HRC for certain categories of persons.
The Common Travel Area

Section 246(1) of the Social Welfare Consolidation Act 2005 provides that:

"For the purpose of each provision of this Act specified in subsection (3), it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless the person has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date."

A person does not necessarily satisfy the HRC merely because they have lived here for 2 years immediately preceding a claim. Also, a person is not necessarily disallowed on habitual residence grounds because they have NOT lived here for 2 years immediately preceding a claim.
The HRC is a complex condition and the length and continuity of residence in the State immediately prior to a claim is only ONE aspect of the condition.
It is important to note that this does not mean that such persons are presumed to be habitually resident. On the contrary, such applicants' status must still be examined by reference to the five factors to determine whether the person has actually transferred their habitual residence to this State.



http://www.welfare.ie/en/Pages/Habitual-Residence-Condition--Guidelines-for-Deciding-Offic.aspx#sect7

mattaius

ArnieSilvia wrote: »

Read up on common channel area, I think this might provide answer:

7. Who is habitually resident?

The question of whether a person is habitually resident (not just legally resident) must be determined by the application of the factors listed in Section 246 (4). Section 246 (9) emphasises that the right of residence alone does not establish that a person is habitually resident.
The following paragraphs detail additional information to be noted when deciding the HRC for certain categories of persons.
The Common Travel Area

Section 246(1) of the Social Welfare Consolidation Act 2005 provides that:

"For the purpose of each provision of this Act specified in subsection (3), it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless the person has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date."

A person does not necessarily satisfy the HRC merely because they have lived here for 2 years immediately preceding a claim. Also, a person is not necessarily disallowed on habitual residence grounds because they have NOT lived here for 2 years immediately preceding a claim.
The HRC is a complex condition and the length and continuity of residence in the State immediately prior to a claim is only ONE aspect of the condition.
It is important to note that this does not mean that such persons are presumed to be habitually resident. On the contrary, such applicants' status must still be examined by reference to the five factors to determine whether the person has actually transferred their habitual residence to this State.



http://www.welfare.ie/en/Pages/Habitual-Residence-Condition--Guidelines-for-Deciding-Offic.aspx#sect7

Like I said, I already failed habitual residence from a Jobseekers Allowance claim.
This test isn't necessary for a Jobseekers Benefit claim.

ArnieSilvia

You lived in Common Travel Area (presume more than 2 years) so you should be considered habitual resident

eastbono

With regard to your jsb claim sw in Ireland have to request your contribution history from UK.... Newcastle Upon Tyne.... this can take anything up to 3 months or more to be returned from UK. You should contact you local office and let them know that you have been offered and are accepting a job in Dublin but you still want to pursue the payment for 12 weeks.

eastbono

ArnieSilvia wrote: »

You lived in Common Travel Area (presume more than 2 years) so you should be considered habitual resident

These are the guidelines for habitual residence. If you live in the common travel area you have a right to reside in Ireland but that does not make you habitually resident. http://www.welfare.ie/en/Pages/Habitual-Residence-Condition_holder.aspx