Refused job seekers allowance.

Bannasidhe wrote: »

No so - you need to have paid a certain amount of prsi contributions to get job seekers benefit - not allowance.

I wouldn't qualify for job seekers benefit as I have not made any contributions

Fromhttp://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/unemployed_people/jobseekers_allowance.html
If you are aged 18 or over and unemployed, you may be paid either Jobseeker's Allowance (JA) or Jobseeker's Benefit (JB). Both payments are paid by the Department of Social Protection (DSP). Jobseeker's Allowance used to be called Unemployment Assistance; the name of the payment changed in October 2006.

You may get Jobseeker's Allowance if you don't qualify for Jobseeker's Benefit or if you have used up your entitlement to Jobseeker's Benefit. In some cases, if you are only entitled to a reduced rate of Jobseeker's Benefit you may be better off on Jobseeker's Allowance. However, Jobseeker's Allowance is means-tested and your means must be below a certain level to qualify.

I have no income or savings which I declared in the application

You must be unemployed to get Jobseeker’s Allowance.

To get Jobseeker's Allowance you must:

Be unemployed
Be over 18 and under 66 years of age
Be capable of work
Be available for and genuinely seeking work
Satisfy the means test
Meet the Habitual Residence Condition.

I am 32 and capable of work and would surely satisfy a means test as I have no capital or houses.

I imagine they are denying it under the Habitual Residence Condition - info available here: http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/social_assistance_payments/residency_requirements_for_social_assistance_in_ireland.html

Thanks for the link

darokane wrote: »

your cwo will pay you until this matter is resolved, you can get a form that your grandparents can sign to say you reside there and write dates etc. on it

Who are the cwo the Community welfare officer? If so what is the name or ref no of the form?

eastbono wrote: »

Supplementary welfare allowance is also subject to a person being deemed habitually resident. Community welfare officers conduct their own habitual residence for supplementary welfare allowance.

No problem

darokane wrote: »

it's where a person has lived here(or Great Britain) on a permanent basis for a certain period of uninterrupted time

darokane wrote: »

You are likely to satisfy the Habitual Residence Condition if you:

* have spent all of your life in the Common Travel Area, or
* have lived in the Common Travel Area for the last 2 years or more, have worked in the Common Travel Area and now live in the Republic of Ireland, or
* have lived in other parts of the Common Travel Area for 2 years or more and then move to the Republic of Ireland and intend to make it your permanent home.

I was born in Britain and lived there most of my life and then after about 24 years moved to France with my Grandparents and renovated the house for them for no wage and then my Grandparents sold in France and then bought here. The person visited us to give us a form to fill in for the census and I filled in my part.

I filled in the form for JSA honestly and I even included a letter stating my background. My Grandparents also included a letter stating I live with them which I do and that I have no income and never had any money for the house I renovated in France or here.


A bank or credit card statement would constitute evidence of habitual residence, Also like i said if you ask they will provide a form for the OP's grandparents to fill out

Unfortunately I have never needed a bank account Here and so have only just opened one.

Balagan wrote: »

You have, of course, a right to reside here but proving habitual residency in order to receive social assistance payments is quite some undertaking.
It can be very difficult to prove that Ireland is your 'centre of interest' and proving that is a major factor in proving habitual residency. Things you need to do to prove habitual residency in order to claim social assistance payments are
show evidence you have been looking for work
show evidence that you have joined clubs, library, organizations etc., and where possible get letters of reference
show that you have signed up for a GP
provide names of family/friends who can be approached to vouch for you
provide evidence that you have severed links with the UK., i.e., any property sold, left rented property, that you have cancelled any benefit assistance payments in the UK, bank accounts closed, educational courses finished, jobs left etc.,
provide evidence of leased/bought property here.
The fact that your grandparents are returning to the UK will make it even more difficult for you.

I have never claimed benefits. My Grandparents kept me for the labour I did renovating. I had cancelled my French bank account and severed every tie in the UK or France. The only tie I had was my French account.

My Grandparents vouched for me as they are the ones who brought me up from the age of 10. My Mother wasn't great and my father has Died.

I have no disabilities and would work if I can find a Job. I am a trained plumber. I am not on any training course. The house I live in is owned by my Grandparents.

More info here http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/social_assistance_payments/residency_requirements_for_social_assistance_in_ireland.html

Thanks everyone who has given advice and I really appreciate it:) I want to stay in Ireland and find a job with an employer in the plumbing industry and eventually when things improve start my own plumbing buisiness.

Hi:)

I applied for JSA at the end of August and I am still waiting to get my JSA approved after being refused. I had the letter of aknowledgement letter of receipt of my appeal on the 25th of October and am still waiting:eek: I have been going in to the welfare office to sign the last two months. I have kept phoning them at Dublin but it has only reached the deciding officer on the 10th of December for a decision. I phoned today again and still no news so they said someone would phone which they did and said the process will either go to an oral hearing or decided, but allow another 2 months:eek: I was just staggered at the system and said what do I live on? He said that you would have to go to your social welfare office or local welfare officer and it's up to them at their discretion:eek: I said I expected the process to take 2-3 weeks as you could starve waiting:eek: He said unfortunately it can take a long time as they have 25,000 appeals to go through each year.

What would you do?

Is this normal:eek::eek::eek:

Stove Fan:rolleyes:

Well a bit more news.

I telephoned Dublin yesterday and after waiting 15 minutes I got hold of someone and asked how my claim was going.

The person said a decision on my appeal had been decided:) so asked what the result was only to be told that they can't tell me under the data protection act and I would have to wait for the letter to arrive.

I asked when it was posted, but it hasn't yet. So a waiting game. I phoned my local office and they hadn't heard anything either from them:(

Has anyone else experienced this? Or do they not tell you anyway over the phone?

Stove Fan:)

Well I finally got the letter notifying me of their decision this morning and:

"Disallowed"

They say that I failed to show my means and how I have been supporting myself.

I had sent a copy of my bank account with my appeal which only have 100 euro to my name and my Grandparents wrote them a 2 page letter stating why I had lived with them from the age of 10 and that they are my guardian and they had been supporting me.

I have no, money, no income:eek:

Is there anything I can do, or is it the case to sell up if we can and get the hell out of here back to the UK a country where I am from that won't let you starve and doesn't drag out the process for 5 months and waste your time and petrol signing on at an 80km round trip each time.

I wish we had never invested in a house here or spent money on renovations as it's a kick in the teeth.

Stove Fan:mad:.

cee_jay wrote: »

StoveFan from your posts, you were not refused because you were not habitually resident. You were refused as you failed to show your means do not exceed the limit. This is most likely because you did not demonstrate how you were living and supporting yourself. You state you have €100 in a bank account, you are not receiving supplementary welfare allowance, and your grandparents are in receipt of a small pension from the UK that barely covers their means. The question around your claim is how you have been living with no visible means of income. If you could not show that to the Social Welfare Inspector your claim can be disallowed for this. You have lost your appeal - you can make another claim in the morning if you like. That doesn't mean you will get paid, just that you can make a claim. This disallowance is nothing to do with you being from the UK.

Hi:)
Habitual residency hasn't been an issue for my appeal but was the reason along with many others when I initially tried to claim JSA, hence the reason of the appeal.
When I sent the appeal my Grandparents said they had been supporting me and have done so from the age of 10 when they brought us up. My natural parents were useless and my new stepfather was abusive, (strangling us etc). I have being living with my Grandparents from the age of 10 and still do. My Grandparents get the fuel allowance and telephone and electric discount and there income is enough to support us but they don't have enough income to pay for private healthcare for me.
They pay for everything for me. They are my immediate family. My father has since died of cancer and I haven't seen or spoken to my mother since I left at the age of 10.
The full family history was all written in a signed letter by them and me including the reasons why me and my sister lived with my new guardian grandparents.
I from the age of 16 to now 33 have been renovating our family home, but not making huge profits. I did this work for free as a thank you for there excellent upbringing and when I sent my appeal, I sent mine and my Grandparents bank statements and their income and bank accounts. UK and Ireland.
What are the limits. How else can I prove means other than to show bank account statements? I think they think I have a big stash of money in offshore accounts which I dont! Only wish I did. I have declared everything truthfully and always believe in being honest.

If they just said I can't claim anything because I haven't worked here or under section xxx of, then I could accept that but when they state I never showed how I had been supporting myself when I had written the full history what more can you do.

I'm giving up. Easier to head back than to try to fight for months.






I think the worst things that need adressing in Ireland is.

The length of time it takes for them to make a decision.
In my case nobody sat down with me and explained how the process worked or what I may be entitled to.
I suggested JSA when asked.
I was 10 weeks into my appeal and only when I asked can I claim anything in the meantime SWA was suggested, but it's at the discretion and I needed to fill out the forms again.
They should be able to have a central database computer system and not many different departments that don't know about your case as thats another department.
You should only need to fill out the forms once as all the departments are one or all have your details on computer.

Don't charge for the phone call to find out about your claim to Dublin. How do people manage in a phone box or on a mobile. My own experience was generally in a que for 15 minutes. It would be nice if they said your no 8 in line etc.
I think the biggest thing of all though is the time taken for a decision, what do you live on while your waiting for SWA to be approved.
I think they could double the staff to deal with claims/appeals. Give people employment.

Have a charter and timeframe of their responsibilities to you. Ie 3 weeks max for a decision etc.

I can't comment on the process in the UK as I have never claimed, but I'm sure you wouldn't have to wait 5 months for a final decision.



Stove Fan:)