Need advice social welfare, stamp 4, refugee

linny88

Hi,
I'm 25 and married to a refugee. I'm currently on job seekers,trying to find a job like crazy, its hard in our town at the moment but most of the jobs I'm qualified for are the intern jobs that only offer an extra 20 or 50 a week which isn't much. Right now my husband is not allowed to work, we have applied for his stamp 4 but there is a 6 to 9 month waiting time till he gets it. Can i claim extra money or can he claim any at least till i can get a job or till he is allowed to work? Has anyone else gone through this?
Many thanks!

danjo-xx

He might be able to claim SWA, I'm not sure though.

While waiting for a decision on your application for a social welfare payment, you can apply for Supplementary Welfare Allowance. Apply to your local Department of Social Protection's representative (formerly the Community Welfare Officer) at your local health centre

http://www.citizensinformation.ie/en/moving_country/asylum_seekers_and_refugees/refugee_status_and_leave_to_remain/copy_of_medical_services_and_entitlements_for_refugees_and_asylum_seekers.html

eastbono

If you are an EU national your spouse should be able to get a Stamp4 as a spouse of an EEA national. Once your spouse has a PPSN then you can have them as an adult dependant on your claim.

maryk123

Unless your husband has a stamp 4 you won't be paid for him. Above is not true - the fact he has a ppsn doesn't entitle payment on a claim. Is he an asylum seeker that has just been granted stamp 4 or what are his circumstances that he is waiting for his stamp 4, 6-9 months is an unusually long wait.

eastbono

maryk123 wrote: »

Unless your husband has a stamp 4 you won't be paid for him. Above is not true - the fact he has a ppsn doesn't entitle payment on a claim. Is he an asylum seeker that has just been granted stamp 4 or what are his circumstances that he is waiting for his stamp 4, 6-9 months is an unusually long wait.

To clarify obviously we are now dealing with pedantics once the OP is an EEA national...then the spouse will receive a stamp4 and OP will be receive ada for spouse once they have a ppsn. One cannot receive a payment for and ada or cda unless they have a ppsn.

maryk123

He does not have his stamp 4 and if he were to walk in to any social welfare office now in the county he would be refused unless he has a stamp 4.

However, there are some asylum seekers who cannot get stamp 4 as fast for various reasons - they may to apply to their countries embassy which could be in uk - these groups can get a top up while waiting. Again depending on circumstances.

Attached link. No 5

http://www.welfare.ie/en/Pages/Increase-for-a-Qualified-Adult.aspx

I asked op question and was awaiting answer before I replied. There is no cut and dry case once you have ppsn you receive a payment.

linny88

He has ppsn, he needed that for us to get married.
As for the 6 to 9 month waiting list that has come DOWN from 9 to 12 months our solicitor told us.
There is only 4 people in Ireland that do these applications so thats why it take so long!

linny88

once he has his stamp he will go working! as he has been offered jobs by friends and its frustrating because he is not allowed to work until the stamp decision is made!

linny88

his visa application which has been going on since the middle of last year is now on pause till our application of his stamp 4 now he is married to me! once it has been granted then the visa application will be binned. it has to be paused now because of this our solicitor said

eastbono

Seems very strange that you have to wait this length of time. Irish nationals who have married non EEA nationals outside of Ireland.. their NonEEA national spouses have automatically received Stamp4 EU Fam when entering the country.

linny88

apparently its normal according to friends in same circumstances and our solicitor who is working in the high courts to get the time down or at least get a temp stamp till it comes. but if he had of married a European national not Irish of course he would get it within two weeks!! which is madness! They are also pushing for that to be done fairly too!

LegacyUser

From http://www.welfare.ie/en/Pages/Increase-for-a-Qualified-Adult.aspx#part5:

5. Non-EU Spouse/Civil Partner/Cohabitant of an Irish Citizen

Payment of IQA in respect of non-EU spouse/civil partner/cohabitant. Entitlement to payment of an increase for a qualified adult in respect of a non-EU spouse/civil partner/cohabitant of an Irish national should be determined in exactly the same way as if the spouse/civil partner/cohabitant was an EU national. The qualified adult must have a right to reside in the state

6. IQA in respect of Non-EU Partner (Cohabitant)

6.1 Where a cohabitant is an asylum seeker:

IQA is payable provided that the normal conditions for payment of an IQA are satisfied and provided that confirmation is furnished that the cohabitant has permission to reside in the State pending a decision on his/her application for asylum.

The claim should be kept under review to examine the outcome of the application for asylum.

6.2 IQA Where an Asylum Application has been Rejected:

An adverse decision on an application for asylum may be appealed.

If an appeal fails, a Deportation Order is issued.
The applicant may then apply for a Judicial Review
While undergoing the above procedures, the IQA remains payable provided the remaining conditions continue to be satisfied.

6.3 IQA for Non-EU cohabitant with a restricted visa:

When a Non-EU national enters the country for a specific period of time and for a specific purpose, e.g. on a student visa, s/he is obliged to show, before s/he is allowed to enter the State, that s/he has sufficient funds to support him/herself for the duration of the stay.

In a cohabitation case, an application for an IQA in respect of this person should be referred to a SWI to establish the details of the person's income. When it is established that normal statutory conditions for payment of IQA are satisfied, IQA may be paid.

Notification of the IQA award should be issued to the Department of Justice and Law Reform. The IQA entitlement should be reviewed regularly.



You do not need stamp 4 for to claim an IQA, but rather a right to reside and then subject to the above conditions.

maryk123

There is a lot of things taken into account in cases like these. We don't know where spouse is from how long he is in ireland etc or what was his previous history. Was he asylum seeker in the system and then married and applied for stamp 4 or was it a different situation. Is application being made since op got married. Sometimes things are not cut and dry. I would never post unless I was sure of what I was posting. I am not going to speculate. I actually have some experience. I was asked for a link and I gave it.
Benscase you are quite right. Not all cases need a stamp 4 to qualify. But the above case obviously does.