I´ve been refused JSA..looking for information on what to do next

Jazmine1

I´ve just returned from living in Spain for the past 10 years. I´ve been thinking of coming back for a while now and as the work situation there is really I bad I thought I would have better luck back here. I think I was quite naive as things are just as bad here. Anyway I applied for JSA.. I gave all the paperwork they requested. I satisfied the habitual residence test etc.. I have been waiting for nearly 3 months for an answer (during that time I have applied for loads of jobs but unfortunately so far I have had no luck). I got a call today to say that I have been refused due to the fact that I own a property abroad (which I´m trying to sell) and the equity in that property is more than the maximum weekly rate of payment. I am currently living with family and have no money. Does anyone know if I try to appeal this if there is a chance I would be successful? The social welfare officer said that it is a standard rate of calculation set out in legislation and that unfortunately there is no help out there for me. I´m devastated...I mean I haven´t come back to Ireland to claim welfare I want to work but times are hard. Any advice would be really appreciated.

Helium

a visit to your local TD is a worthwhile exercise as they have the capability to get things like this sorted.

axel rose

I seriously doubt that Helium. OP have you been paying stamps while in Spain? You can transfer them over from the various eu countries.

TDs would have little sway in situations like this. The OP has a significent asset in their house (granted it does nothing to pay the bills but it's still an asset). Are you in NE with your house? Its a tough market out there selling but could you reduce the price further? Could you rent it out to get some income to live on?

If you speak Spanish could you advertise to give private spanish lessons to both older people settling there (many stay in Ireland for the summer) and leaving cert students. It could help to tide you over.

Jazmine1

I have to wait to get the official letter from welfare to say they have refused my application then I plan to go to the local TD. I have been paying the equivalent of PRSI in Spain so I would have stamps. If I get them transferred over here would I be entitled to any other type of benefit?

axel rose

Get proof of your Spanish stamps to present them for your appeal (which you dont need a TD for). Others that know better than me will probably give you more details, but as far as I know you should be eligable for benefit which is not means tested. :)

gustafo

Jazmine1 wrote: »

I have to wait to get the official letter from welfare to say they have refused my application then I plan to go to the local TD. I have been paying the equivalent of PRSI in Spain so I would have stamps. If I get them transferred over here would I be entitled to any other type of benefit?

Ya but if you have been paying PRSI in spain you would get the same dole as what a spanish person would get which is nowhere near to what the irish dole payments are.....

uoluol

The stamps the OP "earned" in Spain are not much use until they have worked here in Ireland and earned at least one PRSI contribution. ( I think it's one PRSI contribution - ie one week - you can check this on the SW website).

If the OP was on the equivalent of JB in Spain they would have been able to transfer that benefit here. Unfortunatley this appears not to be the case, as this would have presented the transfer papers to the SW office and the habitual residency case would not have been necessary.

The only option open to OP is to appeal the means test. Further clarification may be sought, but if you have proof that you are trying to sell your overseas property, or valid reasons as to why you are not getting a rental income from it, this could change the outcome.

Jazmine1

I provided proof that the property is on the market, valuation etc...they even said to me it´s very rare for someone to be so efficient and provide all the necessary paperwork. I think the system is terrible...I mean I don´t have the capital value in cash...it´s proving very difficult to sell the property. I guess I will just have to try and appeal the decision, although I did ring citizens advice and they said a positive outcome would be extremely unlikely..basically there is no help out there for me even though I am an irish citizen. Thank you everyone for your advice and comments. I just hope that something comes up very soon on the job front. Otherwise I may have to go back to Spain as I have my mortgage to pay there and I can´t stay for too much longer with my family without contributing...it´s a very difficult situation to be in.

OmeGar

Unfortunatly there is nothing to be done here, as you have been means assessed based on the value of the property you own.

I don't think a TD would make a difference in this case, as the specfics of a means test are laid out in Law, and there is no leeway to be given.

For the medium to long term, i would suggest that you get your work record transfered here, as this would be important when you reach retirement age.

danbohan

Jazmine1 wrote: »

I provided proof that the property is on the market, valuation etc...they even said to me it´s very rare for someone to be so efficient and provide all the necessary paperwork. I think the system is terrible...I mean I don´t have the capital value in cash...it´s proving very difficult to sell the property. I guess I will just have to try and appeal the decision, although I did ring citizens advice and they said a positive outcome would be extremely unlikely..basically there is no help out there for me even though I am an irish citizen. Thank you everyone for your advice and comments. I just hope that something comes up very soon on the job front. Otherwise I may have to go back to Spain as I have my mortgage to pay there and I can´t stay for too much longer with my family without contributing...it´s a very difficult situation to be in.

therein lies your problem , you were too honest , there is a lot of con men in this country with much greater assets abroad than you who are getting sw here , get the feeling goverment dont want you back ? bet your life on it ,they have a agenda of emigration as in 50s 70s 80s its the only way the can keep the unemployment figures below 500k here

Jazmine1

danbohan wrote: »

therein lies your problem , you were too honest , there is a lot of con men in this country with much greater assets abroad than you who are getting sw here , get the feeling goverment dont want you back ? bet your life on it ,they have a agenda of emigration as in 50s 70s 80s its the only way the can keep the unemployment figures below 500k here

I am starting to agree with you, they are making life so difficult for people, and yes I now realise it has done me no favours to be so honest..I can see why people lie to them.

dudara

danbohan

please do not advocate benefit fraud in this forum.

dudara

eth0_

Surely the "problem" is that the OP is not habitually resident, having spend the last 10 years living away from Ireland. If you're not habitually resident, you don't have a chance in hell of getting the dole, end of story!

Balagan

Means testing and not habitual residency is the issue, as is carefully set out in the OP's original post.

Jazmine1

eth0_ wrote: »

Surely the "problem" is that the OP is not habitually resident, having spend the last 10 years living away from Ireland. If you're not habitually resident, you don't have a chance in hell of getting the dole, end of story!

I had to provide proof of my permanent return to ireland, which I did...the reason is that i own a property and they have calculated the capital of my property as being more than the max amount they pay out. I just think the system is unfair because although I do own a property...I don´t actually have the cash..so yes on paper if I sold the property I would have money..but in todays market its prooving very difficult to actually sell it.