JSA-Habitual Residence Condition

ScoutingJohn

Social Welfare Office: Bishop Street
Social Welfare Payment: JSA
Application Date: March 8th

I've been living in Dublin (Rathmines) for 6 months and on March 8th I went to Intreo to apply for JSA. After 2 weeks I went to Intreo again because I didn't recieve any answer and I thought I should check my situation. They said my file hasn't been processed yet and if I'm short on cash I should apply for Supplementary Welfare Allowance and I did.
The next day someone from Intreo calls me and says that It's very possible I won't get any allowance because I don't fit for Habitual Residence. He didn't say why or any other information about this just that I shouldn't count on getting JSA. He also said it will take another 3 weeks for me to get an answer.
If someone faced this kind of situation or knows something about it please let me know what should I do. Thank you!

wokingvoter

You must have been living sbroad before you arrived in Rathmines, and living abroad for some time.

ScoutingJohn

wokingvoter wrote: »

You must have been living sbroad before you arrived in Rathmines, and living abroad for some time.

I'm sorry I don't think I understand what you mean. As I said above I'm an imigrant who moved to Ireland in 15 september 2015.

mp22

have a read here it may help http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/social_assistance_payments/residency_requirements_for_social_assistance_in_ireland.html

ScoutingJohn

ScoutingJohn wrote: »

I'm sorry I don't think I understand what you mean. As I said above I'm an imigrant who moved to Ireland in 15 september 2015.

You didn't mention that in your OP

They have decided that you don't satisfy the habitual residence. This may be because you have no ties to the country (family here, property etc) combined with the short length of time you have been living here. If you have family ties in your own country they will also see this as Ireland not being your main centre of interest. It will be up to you to try to prove to them that Ireland is where you intend to live and work longterm. If you are in a relationship with someone resident long term here (and have been for considerable time) that may help. Things might have changed in the last 10 years since it was then I was trying to help a friend satisfy habitual residency. She still didn't get it despite living in the country for a year with her fiance. Good luck.

ScoutingJohn

Deleted User wrote: »

You didn't mention that in your OP

They have decided that you don't satisfy the habitual residence. This may be because you have no ties to the country (family here, property etc) combined with the short length of time you have been living here. If you have family ties in your own country they will also see this as Ireland not being your main centre of interest. It will be up to you to try to prove to them that Ireland is where you intend to live and work longterm. If you are in a relationship with someone resident long term here (and have been for considerable time) that may help. Things might have changed in the last 10 years since it was then I was trying to help a friend satisfy habitual residency. She still didn't get it despite living in the country for a year with her fiance. Good luck.

Thanks for the information but I don't know how could I prove that. Do you know why they said that it should take another 3 weeks for an actual response? Something can change in these 3 weeks? Can I do something else until then? Thanks again!

wokingvoter

ScoutingJohn wrote: »

I'm sorry I don't think I understand what you mean. As I said above I'm an imigrant who moved to Ireland in 15 september 2015.

You didn't mention in either of the threads you started that you were a migrant
You've only been in Ireland since last September so you would have to prove that you had severed all ties with your country of origin and that you have laid down permanent roots here
It's looks as if you haven't proved either of these conditions and if you can't then you won't get any financial help from SW

wokingvoter

ScoutingJohn wrote: »

Thanks for the information but I don't know how could I prove that. Do you know why they said that it should take another 3 weeks for an actual response? Something can change in these 3 weeks? Can I do something else until then? Thanks again!

If you can provide evidence that your intention is to remain here permanently ie

You didn't leave any family abroad
You don't own any property or bank accounts abroad
You have a rental agreement or a lease here
You have a bank account here
You have friends and family here
You have proof of looking for work here
You have joined clubs, gym etc here
You don't have any SW claims open in any other country
You have proof of having cancelled a lease agreement in the last country you lived in
You get the picture
Then they may review their desicion that you don't fulfill HRC

FloatingVoter

You will be given a HRC if you've been out of the country for a long period of time. ie. Mary from Dungloe left for Australia in 2004...not been seen since...shoes up in Intreo looking for JA. Mary will get a HRC form.
She may have property interests, family and a company in Australia - just back on an extended holiday and looking for a cash top-up to support the break. It happens.
The HRC is a very long form and can justifiably be given to anyone arriving either for the first time or after a long stay away.
Point being - prove the centre of interest - that is what the HRC deciding officers work on. Those bulleted points in the post above show you how to get past it.

wokingvoter

FloatingVoter wrote: »

You will be given a HRC if you've been out of the country for a long period of time. ie. Mary from Dungloe left for Australia in 2004...not been seen since...shoes up in Intreo looking for JA. Mary will get a HRC form.
She may have property interests, family and a company in Australia - just back on an extended holiday and looking for a cash top-up to support the break. It happens.
The HRC is a very long form and can justifiably be given to anyone arriving either for the first time or after a long stay away.
Point being - prove the centre of interest - that is what the HRC deciding officers work on. Those bulleted points in the post above show you how to get past it.

I meant to mention that. Nationals, non nationals, makes no difference, SW need to be sure that your not just drifting from country to country trying to find a place to settle down, or maybe you've been gone for years and you fancy some time at home with your family while you reevaluate
JSA is for people who have put roots down here and are seriously looking for full time work
No one else