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EU states can refuse benefits to migrants, top court rules

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Comments

  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Yes you can, supplemantary welfare payment. Read up

    That payment can be refused under HR as well and often is.

    http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/0140fe97249a7b77802579b8005763aa?OpenDocument


  • Registered Users, Registered Users 2 Posts: 169 ✭✭al22


    Paying just a two years PRSI is not sufficient to get a Social Welfare for life

    Both for emigrants and for Irish people too

    :-)


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    al22 wrote: »
    Paying just a two years PRSI is not sufficient to get a Social Welfare for life

    Both for emigrants and for Irish people too

    :-)

    It does not. Paying PRSI as an employed person only entitles a person to a non means tested payment for a certain time.

    Any person who satisfies the HR and means test can get a non means tested payment as long as the need continues. So in face a person can get such a payment with out ever paying any PAYE, PRSI or USC. In fact in some cases multiple generations are in receipt of SW with no one ever paying a cent into the system.


  • Registered Users, Registered Users 2 Posts: 1,541 ✭✭✭RobYourBuilder


    So what? Whats the problem with Africans getting that grant?

    I don't really see the need for importing non EU taxi drivers. It's not like we have a shortage of drivers. I really don't see the need for importing them and subsidising them.


  • Registered Users, Registered Users 2 Posts: 169 ✭✭al22


    From TV about Singapore

    Cost of a cars in Singapore are very high to prevent peope buying it - shortage of space to park and everyone must to pay for parking a car near his home

    Singapore has the most expencive petrol prices in the world

    Cost of a taxi - US$ 0.59 per one kilomer\er (about US$ 0.90 per mile or 0.75 euro per mile)

    --


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  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    I don't really see the need for importing non EU taxi drivers. It's not like we have a shortage of drivers. I really don't see the need for importing them and subsidising them.

    A non EEA person would not get a legal permission to enter and reside in Ireland to work as a taxi driver. If a non EEA person is working in that field they may have got a legal permission in 05 through IBC05 or they have been granted one of the international protection decisions.


  • Registered Users, Registered Users 2 Posts: 1,541 ✭✭✭RobYourBuilder


    A non EEA person would not get a legal permission to enter and reside in Ireland to work as a taxi driver. If a non EEA person is working in that field they may have got a legal permission in 05 through IBC05 or they have been granted one of the international protection decisions.

    I don't have a problem with genuine refugees getting a helping hand to get into the workforce. I do have a problem with people, who are only here due to an anchor baby, getting grants and BTWA.


  • Registered Users, Registered Users 2 Posts: 1,541 ✭✭✭RobYourBuilder


    Here's an interesting read about an American, who was illegally in the Irish state, and who received welfare here for six years.
    An American on the dole in Ireland

    I left the United States in May of 2000 with a 90-day round-trip ticket to London Gatwick, and returned home11 years later.

    I was on the dole in Ireland for about six years, unemployed or under-employed, between February of 2005 and April of 2011.

    I was not properly entitled, and it was due only to good fortune and (I believe) benevolence that I fared so well within Irish bureaucracy.

    I was not entitled to the PPS number that I had received in 2001. With only an American passport, I was not even entitled to stay.

    In fact, technically, I was in a period of history between where I was not entitled to be in any one of the European countries for more than 90 days and a time when I would not be able to be in the European Union at all for more than 90 days.

    The PPS number is the Irish social-services and tax number, a resident's all-purpose identifying string of seven digits and one or two letters that is requisite in all official transactions.

    I rolled into Kilkenny on Bus Eireann on September 11th, 2001, and got a job a couple of days later. That night I went out with a couple of co-workers to Sid Harkin's pub and met a load of people who would be important to me for the rest of my time in town. But that's another story. At the restaurant where I was working as kitchen porter, the chef asked me, after a couple of brown envelopes, if I'd go get a PPS number.

    I figured I'd go, ask, and then return with the "bad news" — that I'd have to keep working for cash.

    To my surprise, the receptionist at social welfare photocopied my passport, had me do some paperwork, and said they'd post out my Social Services card. And they did.

    That winter was a hard one, financially. A friend suggested that I go on the dole.

    Kilkenny 2001, a brief history...This is where I encountered a phenomenon that would be consistent in the near-decade that followed, which is that the Irish people did not think of me as a foreigner. I don't flatter myself — it wasn't my charming demeanor that made the Irish people consider me one of their own; it was the fact that I'm American. Not Irish but not not-Irish, or something. I can't explain it, but it was a fact of my life and it worked in my favo(u)r. [Q.V.] I encountered several occasions where somebody'd be "giving out" about all these foreigners coming in and taking advantage — and me standing right there.... I'd say but I'm a foreigner and they'd say "no you're not," without even pausing to consider that I'd made a valid point. When my friend suggested a trip to the social-welfare office he was thinking that I'd be entitled to some financial assistance.

    The lady at the hatch, holding my Social Services card, told me "you're not supposed to have this." Oh, I didn't know that, I said, carefully removing it from between her fingers. So that was it. I could work.

    That was in 2002. That February I got a job at a department store. It was a welcome respite from the kitchens. I worked there until I volunteered to be the union shop steward when the previous holder of that position went on maternity leave. The shop steward is necessary for any representation at all, no matter that we were all paying fees — and I got into one of my justice-for-the-workers moods. The manager sacked me. That was not legal; but I'd made the mistake of telling his assistant manager something about my ambiguous legal status. Dublin had called, said Trevor — and that was it, at the end of work on a Friday evening....

    In March of 2003, as my native U.S. was preparing for war in Iraq just in case Iraq did or did not comply with UN Security Council Resolution 1441, I told my employer at Zuni restaurant and hotel to go **** himself. I'd also been working for an industrial-cleaning operation a bit with my friend Gary, at that time, and I called him. From that point most of my employment in Ireland was in that line of work.

    That summer I made a trip to County Kerry. I just got on a series of buses, and ended up in Dingle. I met a Dutch girl in a hostel there. We re-traced my pocketfull of return bus tickets back to Kilkenny. Later in the Summer I went to The Netherlands to be with her. I stayed there — though not with her — for a year and a half.

    In January of 2005, with the encouragement of a good friend, I returned to Kilkenny.

    In Kilkenny, I found that it was no problem getting my job back at Emerald Cleaners (which had since become "Emerald Facility Services" — Ooh la la! The Celtic Tiger had achieved its apogee. A "champagne bar" had appeared on John Street, even....) The problem was not that I couldn't have my job back but that there weren't any hours, and so they didn't hire me immediately.

    I went to FAS, the state employment agency.

    The lady at FAS asked me if I'd been to social welfare. No. She recommended I go there. I think she might have even told me that I have to register at Social Welfare before I could avail of the services at FAS.

    I did the one thing that would be at the heart of many successful encounters with Irish bureaucracy: I went where I was told I oughta go and I told them there who had suggested I go.

    They put me on the dole.

    In November of that year, I went on the "dockets." That meant that I was able to do some work, and report it, which would lead to a reduction in that week's social-welfare payment. This was the plum prize. I could work, or not. I'd be okay either way, but it was good to do a bit and earn a bit of extra money, and the work that I was doing was rarely in the same location, and I was working with a friend, so it was great. Gary and I pretty much took care of the Kilkenny area, the supervisor being down in Waterford, and we always did good work and most of the clients appreciated us and it was just generally pretty ****in alright.

    In August of 2009 I moved to Cork. "Moved" is a bit of a stretch. I went there with a backpack. I'd wanted to get out of Kilkenny.

    And I love Cork. So I went there, when I returned from my vacation in Romania.

    I was able to transfer my dole to Cork. This would have been a simple matter of paperwork, normally. I worried about it, though, and rightfully. I think that I was beginning to stress-test the boundaries of my welcome in the country, because I assessed the risk as worth taking.

    I got a job in a bakery in early 2010. I signed off the dole. I've already been told how stupid that was.

    The bakery closed in June of that year.

    When I went to Social Welfare in Cork, they asked me questions for the first time. I couldn't answer them. Friends told me to return to Kilkenny. In August I did.

    In Kilkenny I'd have a better chance at social welfare because they knew me there. Also, my friends were in Kilkenny, so I'd be okay.

    In Kilkenny I did a load of paperwork and had several interviews. Social Welfare declared me habitually resident. I got a back-dated payment.

    I had some problems where I was living. I had to leave. I talked with a lady named Bridget who owns a few houses around town. She agreed to rent me a place for the same amount I'd been paying in the other place, contingent upon my agreement to apply for rent allowance.

    This is where my time in Ireland began to come to a resolution.

    I'd asked about rent allowance, a few years earlier, on the advice of a friend. A lady at the office that handles rent allowance applications had told me then that I had "really slipped through the loop," when I'd gotten on the dole. I quietly retracted my paperwork and went away.

    In the autumn of 2010, I had little choice. I couldn't stay where I was and I had to promise my prospective landlady that I'd try to get rent allowance. It was part of our agreement, and every week as I paid rent in cash I really felt compelled to give her an honest update about what I'd been doing to resolve this matter. Bridget, as per the Irish tendency, considered me to be legitimately eligible. I was not in a position to disabuse her of this misunderstanding.

    The county Housing Authority declared me eligible to sign up for "council housing," publicly-funded accomodation. This is a required precursor to application for rent allowance.

    But Community Welfare declared me ineligible because I was not legally resident in the state.

    I'm quite certain that the reason that the closer examination of my file went from Community Welfare ("no you can't have rent allowance but you can appeal the decision") to the Social Welfare office was because my new apartment was in the purview of Breda Dermody. Breda Dermody is infamous. I think she made it her personal business to make sure Social Welfare scrutinized my case more carefully. But, anyway, it's all just part of the mystery.

    And, in any case, Social Welfare, who had just prior declared me habitually resident, realized then that I'm not Irish. I'm being clever when I say that — they all knew I'm American, as did any Irish person who ever heard me speak. The American accent is obvious to them in an instant.

    On the 11th of April, I got a call from Social Welfare. I'd had a strange intuition that morning. I felt ill, nauseated as if I'd had too much to drink, which I had not. I was lying on the couch, feeling better, when the phone rang. A fella named Brian asked me if I have a "Stamp 4" or an Irish passport. Stamp 4 is like a green card, the immigration office's permission to stay. I said no. Brian told me that they'd have to stop my social-welfare payments.

    He said he'd send me this information in the post and that I'd have a chance to answer the matter officially. That letter arrived the next day. They didn't wait for my response. That same day I picked up my last payment. The following week it was all over.

    I believe that my experience in official Ireland is unique, in the pure sense of that word — singular. I don't think it had ever happened before me, and I don't think it will happen again.

    I was always inherently conflicted about the overwhelming desire to write about this. Now it's over. The potential danger of being open about it is removed. This is my first attempt to share the story.

    http://www.stevenroyedwards.com/onthedole_.html


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    Now await the you can't arrive and claim posts


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    Gatling wrote: »
    Now await the you can't arrive and claim posts

    He arrived previous to the HR rule.


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  • Registered Users, Registered Users 2 Posts: 1,541 ✭✭✭RobYourBuilder


    Nodin wrote: »
    He arrived previous to the HR rule.

    Hmmmmm.....
    In Kilkenny I did a load of paperwork and had several interviews. Social Welfare declared me habitually resident. I got a back-dated payment.


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    Hmmmmm.....


    That was 2010. HR came in in 2004, he arrived in 2000.


  • Registered Users, Registered Users 2 Posts: 1,541 ✭✭✭RobYourBuilder


    Nodin wrote: »
    That was 2010. HR came in in 2004, he arrived in 2000.

    He was an illegal immigrant. If an illegal can satisfy the HBC, then that says a lot about how stringent the process actually is.

    We can link all day to citizensinformation.ie, people can laugh at the thought of someone getting a free pram(even though 10,000s do every year), people can waffle on about folk needing two years previous employment before claiming; the fact is the welfare system is a mess and there are many, both native and foreign, abusing it.


  • Registered Users, Registered Users 2 Posts: 2,539 ✭✭✭anothernight


    Nodin wrote: »
    Wow. Never heard that one before. Not once.

    I don't know if they get free cars, but I do know one asylum seeker who had a car provided by Welfare years ago, and when it got badly vandalised, he was given another one. Then again, his family came to Ireland with fake passports, with the woman's age decreased so she could pass off as underage, and she had a child while in direct provision, as she was pregnant when she came to Ireland. They now have Irish passports. :rolleyes:

    Holsten wrote: »
    Those direct provision places are horrible places to live, they are basically prisons.

    Remember you're not even legally allowed to work if you're in direct provision.

    Same woman mentioned above told us that her son was really weirded out by the gas cooker they had in the house she was eventually given (iirc most of her rent was paid for, and she gave a very small contribution). Apparently her kid had only ever seen ceramic cookers because those were the ones used in their apartments in the direct provision centre.


    Funny how they all stopped telling my family these things when they realised that even though we were foreign, we were actually in employment, not getting benefits.


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    I don't know if they get free cars, but I do know one asylum seeker who had a car provided by Welfare years ago, and when it got badly vandalised, he was given another one. Then again, his family came to Ireland with fake passports, with the woman's age decreased so she could pass off as underage, and she had a child while in direct provision, as she was pregnant when she came to Ireland. They now have Irish passports. :rolleyes:




    Same woman mentioned above told us that her son was really weirded out by the gas cooker they had in the house she was eventually given (iirc most of her rent was paid for, and she gave a very small contribution). Apparently her kid had only ever seen ceramic cookers because those were the ones used in their apartments in the direct provision centre.


    Funny how they all stopped telling my family these things when they realised that even though we were foreign, we were actually in employment, not getting benefits.

    And yez kept all this to yourself?


  • Registered Users, Registered Users 2 Posts: 2,539 ✭✭✭anothernight


    Nodin wrote: »
    And yez kept all this to yourself?

    No, I actually didn't. Thanks for asking.


  • Registered Users, Registered Users 2 Posts: 129 ✭✭NewYork1979


    I'm currently expecting. On the public system, great care etc. I had an appointment this week and I would say at least 1/3 of the waiting room were foreign nationals. I'm far from racist but I do believe in fairness. There were two women there, one with three small children and the other with two and both obviously expecting.

    Maybe I am wrong but I'd hazard a guess these ladies haven't built up a huge stamp, I've 17 years of a stamp. We are all treated the same which I guess is as it should be however where do we draw the line as a country. Kinda hard to stomach sometimes, I waited a long time to afford my first child.


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    No, I actually didn't. Thanks for asking.


    Who did ye tell?


  • Registered Users, Registered Users 2 Posts: 1,541 ✭✭✭RobYourBuilder


    I looked up some figures and it seems we are ignoring the elephant in the room.
    The overall unemployment rate in the EU-28 for the age group 20-64, in 2013, reached 10.8 %, an increase of 0.4 percentage points compared with 2012. Between 2011 and 2012 unemployment had increased even more (0.8 percentage points).

    In 2013, the unemployment rate of non-EU citizens was 21.5 %, the highest unemployment rate by far. This group also suffered from the largest increase in unemployment over the last three years (figure 2.1). The unemployment rate of non-EU citizens was 10 percentage points higher than that of the national population in 2011, a difference that increased to 11.3 percentage points in 2012 and 11.5 percentage points in 2013. The unemployment rate was also higher for mobile EU citizens compared with the national population: 2.4 percentage points more in 2013, 2.6 percentage points more in 2012 and 2.7 percentage points more in 2011.

    First generation non EU migrants;
    Focusing on the activity rates of first generation migrants [5] the observed patterns are similar to those of the population by country of citizenship, indicating that the trends are evident (table 1.2). In particular countries with the highest labour market participation rates of the native-born population [6] are Denmark (82.8 %), the Netherlands (83.1 %), Estonia (80.7 %), Latvia (80.1 %), Sweden (87.8 %), the United Kingdom (81.0 %), Austria (80.3 %) and Finland (79.4 %). In all these countries the activity rates of the non-EU born population are considerably lower than that of the native-born population, with differences ranging from 13.6 percentage points for the Netherlands, 12.9 for Denmark, 9.0 for Austria, 11.4 for Sweden, 8.1 for the United Kingdom, 8.1 for Finland and 8.1 for Latvia.

    Non EU women fare even worse;
    This is even more evident for migrant females, since at EU-28 level females with non-EU citizenship have a lower activity rate than male non-EU citizens by 24.3 percentage points, illustrating a wide gap in the labour participation of the migrant population by gender (figure 1.2). At country level, in 2013, the largest gender gaps in labour participation for non-EU citizens are observed in France (34.3 percentage points), Sweden (33.8 percentage points), Belgium (30.6 percentage points), Malta (28.0 percentage points), Greece (29.0 percentage points ) and Germany (27.5percentage points). The countries with the smallest gender gap for the non-EU citizen population are Cyprus (1.3 percentage points), Denmark (9.4 percentage points) and Portugal (9.8 percentage points).

    http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Migrant_integration_statistics_-_employment


  • Closed Accounts Posts: 3,642 ✭✭✭MRnotlob606


    Lord have mercy...

    Christ have mercy.


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  • Closed Accounts Posts: 1,372 ✭✭✭reprise


    Nodin wrote: »
    Who did ye tell?

    Who would you recommend? and why?


  • Registered Users, Registered Users 2 Posts: 2,539 ✭✭✭anothernight


    Nodin wrote: »
    Who did ye tell?

    Department of social protection. *awaits next one liner question*


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    Department of social protection. *awaits next one liner question*

    And what did they say when you told them?


  • Registered Users, Registered Users 2 Posts: 2,539 ✭✭✭anothernight


    Nodin wrote: »
    And what did they say when you told them?

    Why do you care?
    They don't give people the outcome, and why should they anyway.

    Next question?


    EDIT: Apologies for derailing the thread.


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    Why do you care?
    They don't give people the outcome, and why should they anyway..

    Well, the outcome is obvious seeing as the family gained Irish citizenship.
    Next question?..


    What year did this happen in?


    What direct provision centre were they in?


  • Registered Users, Registered Users 2 Posts: 1,541 ✭✭✭RobYourBuilder


    Nodin wrote: »
    Well, the outcome is obvious seeing as the family gained Irish citizenship.

    International drug smugglers wanted by interpol were given Irish citizenship. The process doesn't seem to be that stringent.


  • Registered Users, Registered Users 2 Posts: 2,448 ✭✭✭crockholm


    Have you been watching Matlock again,Nodin?


  • Registered Users, Registered Users 2 Posts: 2,539 ✭✭✭anothernight


    Nodin wrote: »
    What year did this happen in?


    What direct provision centre were they in?

    I didn't ask. At the time they told my mum I was about 12 so I'd hardly be asking them the specific centre, would I? Been a few years. Again, why do you care about particulars? It's a bit odd.

    Either way, we've derailed the thread enough and I'm out. If you'd like to know more about welfare fraud or identity fraud, contact the department mentioned above and ask them if they have statistics. I'm not giving away people's names and personal details online no matter how much I may dislike them.


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    International drug smugglers wanted by interpol were given Irish citizenship. The process doesn't seem to be that stringent.


    ...or those who make a living being international drug smugglers have access to cash and fake documents which make fraudulent activity more likely to succeed.


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  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    I didn't ask. At the time they told my mum I was about 12 so I'd hardly be asking them the specific centre, would I? Been a few years. Again, why do you care about particulars? It's a bit odd.

    Either way, we've derailed the thread enough and I'm out. If you'd like to know more about welfare fraud or identity fraud, contact the department mentioned above and ask them if they have statistics. I'm not giving away people's names and personal details online no matter how much I may dislike them.


    Well you heard all about fake passports and declaring the wrong age. "we were living in x for a year" doesn't seem that much of a revelation, in comparison.

    Nobody asked you for either names or personal details.


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