Non EU citizens' rights to welfare/ tax refund

Hi guys, I have a relative who has worked in Ireland as a hospital doctor since 2016.

He recently came to the end of his contract, and is awaiting the start of another contract.

He has a right to remain in the country until 2019. However, he was recently told by the Department of Social Protection that he has no right to claim Jobseekers' Benefit, being a non-EU citizen, not even for a few weeks.

Can anyone tell me how this can be so? I assumed he fulfilled all the criteria (Habitual residence, large amount of taxes paid here, etc). And whether it's worth his while claiming a tax refund on his income tax/ USC, since he is now unemployed?

Any info would be most helpful, thanks.

splinter65

He needs to have paid 104 PRSI. Contributions since he started work here and 39 of those needed to be paid or credited in 2016.
If he hasn’t enough then he won’t get it.
There are other conditions too.
HRC doesn’t apply to benefit.

splinter65

splinter65 wrote: »

He needs to have paid 104 PRSI. Contributions since he started work here and 39 of those needed to be paid or credited in 2016.
If he hasn’t enough then he won’t get it.
There are other conditions too.
HRC doesn’t apply to benefit.

He satisfies the conditions for PRSI contributions, and I should have mentioned that he was initially awarded JB. But he went in one day to make a general inquiry about a different matter, and the lady on the desk said he was mistakenly awarded JB, and cancelled it. She said it was because he is non EU. This doesn't make any sense to me, maybe someone else can understand it. I can't see any problem with him receiving a payment, based on the rules I've seen.

Should he appeal?

splinter65

He is entitled to the refusal in writing. The letter of refusal will set out the reasons for the refusal. That’s the only way he can appeal. If he didn’t get it in writing already then he’ll have to go back to the office and ask for it in writing.
When did he start work here exactly, and when did he finish?

cee_jay

What type of visa is he in Ireland on?

Turnipman

cee_jay wrote: »

What type of visa is he in Ireland on?

Good call! That may well be the key issue here.


"AVAILABLE FOR FULL-TIME WORK A person must be available for work in order to qualify for and continue to receive Jobseeker's Benefit, i.e. be available for work in respect of each day for which s/he declares that s/he is unemployed. There must be no legal restriction on the person taking up employment (e.g. visa restrictions on taking up employment in the case of non-nationals). The onus is on the claimant to show that this condition is satisfied on an on-going basis."

From: http://www.welfare.ie/en/Pages/Jobseekers-Benefit.aspx

cee_jay

cee_jay wrote: »

What type of visa is he in Ireland on?

Stamp 1, on the basis of his original work permit; however, he has ongoing permission to remain until 2019.

Turnipman wrote: »

Good call! That may well be the key issue here.

"AVAILABLE FOR FULL-TIME WORK A person must be available for work in order to qualify for and continue to receive Jobseeker's Benefit, i.e. be available for work in respect of each day for which s/he declares that s/he is unemployed. There must be no legal restriction on the person taking up employment (e.g. visa restrictions on taking up employment in the case of non-nationals). The onus is on the claimant to show that this condition is satisfied on an on-going basis."

So, does that mean that if you don't currently have a work permit, but have permission to remain here, you cannot seek benefits, even when you have years of taxes and PRSI contributions paid??

splinter65

splinter65 wrote: »

When did he start work here exactly, and when did he finish?

Originally he worked here since 2013.

However, he was abroad in 2015 for a few months, working in Bahrain. He came back here in early 2016 and has been working here (and paying taxes) ever since.

cee_jay

A Tyrant Named Miltiades! wrote: »

Stamp 1, on the basis of his original work permit; however, he has ongoing permission to remain until 2019.


So, does that mean that if you don't currently have a work permit, but have permission to remain here, you cannot seek benefits, even when you have years of taxes and PRSI contributions paid??

Stamp 1 is an entitlement to work subject to the terms of the relevant valid employment permit - right to remain is different to right to work.
One of the conditions of a stamp 1 is you must not start a job or enter employment unless you or your employer has obtained an employment permit for you.
This may be the reason for the disallowance, but the disallowance should be received in writing to be sure.

splinter65

A Tyrant Named Miltiades! wrote: »

Originally he worked here since 2013.

However, he was abroad in 2015 for a few months, working in Bahrain. He came back here in early 2016 and has been working here (and paying taxes) ever since.

Everyone anywhere in the world working legitimately has to pay taxes. That doesn’t mean that your automatically entitled to benefits. A condition of his being awarded the Stamp 1 was that he would be financially independent ie not dependent on the Irish State. As I already said though if he didn’t get the refusal in writing he should ask for it now so that he can appeal if there has been a misunderstanding or mistake.