Do I have to make a new claim for blind pension?

afterglow

Hi all
Been out of the country 4 years, just moved back this month
I am wanting to apply for blind pension asap
My question is, since i did have a claim before, and since that would be on record with the DSP, can I just call up, and reactivate my claim, or do I have to do a new one? My blindness is permanent, and total, due to having 2 prsthetic eyes, they would have ben aware of my condition, and also that it was not going to change
Not having to go through the whole thing again, would save me so much grief, but if i have to, so be it
Also, what's the waiting time like, do I automatically get Blind welfare allowance, I know that's from the HSE, if I am awarded blind pension? I know I will be, but just curious about the other benefit, if its automatic or not?
Also, re things like HAP, does being on BP and BFA entitle you to HAP, or not?
Sorry for so many questions, I appreciate any responses.

splinter65

Hi
You will have to make a brand new application and as you have been out of the country for 4 years you may have some trouble fulfilling the Habitual Residence Condition part.
If you are successful in your application then you can make an application for the Blind Welfare Allowance.

afterglow

splinter65 wrote: »

Hi
You will have to make a brand new application and as you have been out of the country for 4 years you may have some trouble fulfilling the Habitual Residence Condition part.
If you are successful in your application then you can make an application for the Blind Welfare Allowance.

Hi
Thanks for responding
if I can prove that I've closed all bank accounts, and benefit claims etc would that satisfy the hrc?

fritzelly

Are you Irish born? Lived here most of your life bar the last 4 years? If so HRC is irrelevant

afterglow

fritzelly wrote: »

Are you Irish born? Lived here most of your life bar the last 4 years? If so HRC is irrelevant

born in spain, prematurely, which was what caused my vision loss, have lived here all my life apart from the last 4 years, have irish passport etc

splinter65

fritzelly wrote: »

Are you Irish born? Lived here most of your life bar the last 4 years? If so HRC is irrelevant

Can you post a link to support this, thanks.

Lou37

afterglow wrote: »

Hi
Thanks for responding
if I can prove that I've closed all bank accounts, and benefit claims etc would that satisfy the hrc?

You may have already satisfied the HRC, if you have an Irish passport and can prove your centre of interest is here (family, children, mortgage etc) then your HRC will be ok.

But it will probably be a new application, due to the last claim being 4 years ago

afterglow

Lou37 wrote: »

You may have already satisfied the HRC, if you have an Irish passport and can prove your centre of interest is here (family, children, mortgage etc) then your HRC will be ok.

But it will probably be a new application, due to the last claim being 4 years ago

I have an irish passport, my home address, is now where I grew up etc

fritzelly

splinter65 wrote: »

Can you post a link to support this, thanks.

A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State

Already alluded to by Lou37

Full text at
http://www.welfare.ie/en/Pages/Habitual-Residence-Condition--Guidelines-for-Deciding-Offic.aspx#sect6

splinter65

fritzelly wrote: »

Already alluded to by Lou37

Full text at
http://www.welfare.ie/en/Pages/Habitual-Residence-Condition--Guidelines-for-Deciding-Offic.aspx#sect6

There’s more to it then that. Returning emigrants has contextual meaning for the DEASP.
See below:

Returning Irish emigrants
EU rules prevent discrimination on nationality grounds in relation to social security, so it is not possible to exempt a particular category of Irish citizens (such as returning Irish emigrants) from the habitual residence condition (either in general or for Carer’s Allowance) without extending the same treatment to all EU nationals. However, the guidelines on determination of habitual residence address the issue of returning emigrants very specifically. The guidelines state: “A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.”

When determining the main centre of interest for returning emigrants, Deciding Officers take account of:

The purpose of your return, for example, because your foreign residence permit has expired
Your stated intentions
Verified arrangements which you have made in regard to returning on a long-term basis, for example, transfer of financial accounts and any other assets, termination of residence-based entitlements in the other country, or assistance from Safe-Home or a similar programme to enable Irish emigrants to return permanently
Length and continuity of your previous residence in the State
Your record of employment or self employment in another state and
Whether you have maintained links with your previous residence and can be regarded as resuming your previous residence rather than starting a new period of residence.

afterglow

splinter65 wrote: »

There’s more to it then that. Returning emigrants has contextual meaning for the DEASP.
See below:

Returning Irish emigrants
EU rules prevent discrimination on nationality grounds in relation to social security, so it is not possible to exempt a particular category of Irish citizens (such as returning Irish emigrants) from the habitual residence condition (either in general or for Carer’s Allowance) without extending the same treatment to all EU nationals. However, the guidelines on determination of habitual residence address the issue of returning emigrants very specifically. The guidelines state: “A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.”

When determining the main centre of interest for returning emigrants, Deciding Officers take account of:

The purpose of your return, for example, because your foreign residence permit has expired
Your stated intentions
Verified arrangements which you have made in regard to returning on a long-term basis, for example, transfer of financial accounts and any other assets, termination of residence-based entitlements in the other country, or assistance from Safe-Home or a similar programme to enable Irish emigrants to return permanently
Length and continuity of your previous residence in the State
Your record of employment or self employment in another state and
Whether you have maintained links with your previous residence and can be regarded as resuming your previous residence rather than starting a new period of residence.

I spoke to blind pension section again today.
I now have to go through getting an ophthalmic report, going to try for this from the eye&ear because my mum kept my chart/patient number, appointment card, and I did not know applications can take 3 months? I will, also, apparently have to satisfy hrc, though maybe this is easier, because of the fact an officer will come visit, and I can explain everything to them?
The thought of having so much to do is quite stressful tbh....
If I had known moving back would be so difficult, I would have thought long and hard about moving away in the first place, although I guess, you don't know what you don't know.....

splinter65

The Dept are doing their best to prevent fraud which costs the country millions and is money that could be deployed elsewhere. They’ll have to establish that you are living here continuously and permanently and not just visiting from abroad and moving abroad again soon and trying to get a payment while your here, which you might not cancel when you do move.
For all they know your blindness has been corrected since you left the last time so they need proof of that too.
For all they know you win the lotto or came into a big inheritance since the last time you claimed.
That’s why you can’t just ring them and ask for your claim to be reinstated.
As you say it’s stressful and time consuming but if you look at it from the departments point of view you can’t just leave for a few years, then come back and take up where you left off. The inspector calling will allow you to make your position clear. Good luck.