Child benefit for habitual residence

anonymus1268 · 27-10-2014 5:13pm #1

Has anyone been awarded child benefit for fulfilling the condition of habitual residence?
I am living in Ireland since 2009 with two kids now, both born here. But I do not pay prsi or tax in ireland. I thought child benefit could be granted for habitual residence condition, but they are denying it.
Is the welfare contributions or tax payments essential to receive child benefit?
IN all the brochures it says it is a universal payment not related to prsi.
Why are then they denying it?
We are living four people with one salary, and now with water charges and property tax added, and if not receiving child benefit, we have to pay the maximum amount! as they will not give us tax credit for not having child benefit.
We are struggling to make ends meet at the end of each month.
Anyone can suggest which way to follow?

DanDublin1982 · 27-10-2014 5:27pm

Sounds like they are saying you don't meet the habitual residence condition. If that's the case they'll have written to you explaining the grounds of that decision. Why have you not received payment since they were born or have your circumstances changed in that time?

mrsbyrne · 27-10-2014 5:41pm

Is the wages coming from a foreign country? You didn't fulfill the Habitual Residence Conditions for your older child either but you didn't pursue it at the time . It's up to you to prove Habitual Residence.

anonymus1268 · 27-10-2014 5:42pm

They are still deciding if I am a habitual resident here. Even having a mortgage for a house here, and having my older son in school here since 2009. After first son I took a job leave and went back to my country to stay with my family, came back in 2009 to resume work. This decision is in the appeals office, as they denied it on a wrong basis. [snipped]
I am afraid they are waiting for me to return to my country, so they do not need to give me an answer.

anonymus1268 · 27-10-2014 5:44pm

yes, wages come from a foreign country.

mrsbyrne · 27-10-2014 5:50pm

It's hare to prove HRC when your in and out of the country. The other parent of your children doesn't live here either. Children going to school and having a mortgage is not enough. It looks as if you could leave at any time.

anonymus1268 · 27-10-2014 5:56pm

I have been continuosly in Ireland since 2009! only have gone out for holidays since I went back to work. The other parent also lives here, and has been working in 2012 and 2013 in an Irish company. Now he is a stay at home dad, as we cannot afford to pay for a crech for the baby.
What is needed to prove the hrc?
Do I need to make like an official statement?

DanDublin1982 · 27-10-2014 6:36pm

You've made an official statement in the form of your application.

If you've appealed the decision then they aren't going to decide on the new application until that appeal gets finalised as whatever the outcome there will apply to both cases.

cee_jay · 28-10-2014 11:42pm

Are you employed in another EU/EEA member state?

If you are an EU/EEA citizen or a Swiss national and work in a country covered by EU Regulations, the country you work in usually pays Child Benefit even if your family is living in another country. However, if your children are living in another EU/EEA country you should still apply for any Family Benefits you are entitled to there.

http://www.welfare.ie/en/downloads/part9.pdf

Child benefit for habitual residence

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