PARTNER REFUSED JSA CAN I NOW CLAIM FOR US?

trixeybell

hi there,
my hubby has been on JSB and claiming for me and my three children on the claim too

he was just refused JSA as he does not meet the habitual residency conditions- hes polish

can i now open a new claim for me ,him and and the kids even though i was on his claim up until last week? as i am irish and so are the kids so we wont be refused habitual residency.

or can i claim for just me and the kids.?

i know that hes not entitled to anything because hes been refused residency but where does this leave me and the kids?

i ask this as now they have stopped our money we have no income coming in and to be honest i have 20 euro in my pocket and no money to buy groceries and nappies for the week..im just totally frantic and dont know what to do

would be so grateful of any response.

edellc

go down to the social and start the claim process definitely for you and the kids ask if you can claim for hubby but you and kids have to get assistance while waiting on claim to go through go round to your local health centre and talk to your community welfare officer they will be able to give you supplementary welfare while waiting on your claim to be processed

nojunkmaill

Your partner should go in to his local office and ask for a Deciding Officer to review it, if he is still refused he should appeal the decision if he is not happy.

What did he put down on the Habitual Residence Form.

It's looked at upon the following...

* Your main centre of interest, based on facts such as:
o whether you own or lease a home here,
o where your close family members live,
o whether you belong to social or professional associations here, and
o any other evidence or activities indicating a settled residence in Ireland
* The length and continuity of your residence in Ireland or other parts of the Common Travel Area
* The length of and reason for any absence from Ireland. For example, you can spend time on short holidays, studying or travelling outside of the Common Travel Area and still be regarded as habitually resident here
* The nature and pattern of your employment, if any
* Your future intention to live in the Republic of Ireland as it appears from the evidence

**********

I presume his main interest is his family (wife / children) are here and he owns / rents a home here.

I presume he has been in Ireland for X no of years if he was working and qualified for Job Seekers Benefit.

And I presume he intends to stay in Ireland with his family for the future.

Why did they disallow him do you know?

trixeybell

nojunkmaill wrote: »

Your partner should go in to his local office and ask for a Deciding Officer to review it, if he is still refused he should appeal the decision if he is not happy.

What did he put down on the Habitual Residence Form.

It's looked at upon the following...

* Your main centre of interest, based on facts such as:
o whether you own or lease a home here,
o where your close family members live,
o whether you belong to social or professional associations here, and
o any other evidence or activities indicating a settled residence in Ireland
* The length and continuity of your residence in Ireland or other parts of the Common Travel Area
* The length of and reason for any absence from Ireland. For example, you can spend time on short holidays, studying or travelling outside of the Common Travel Area and still be regarded as habitually resident here
* The nature and pattern of your employment, if any
* Your future intention to live in the Republic of Ireland as it appears from the evidence

**********

I presume his main interest is his family (wife / children) are here and he owns / rents a home here.

I presume he has been in Ireland for X no of years if he was working and qualified for Job Seekers Benefit.

And I presume he intends to stay in Ireland with his family for the future.

Why did they disallow him do you know?

hi there, we cant undrestand why they refused him,we filled out everything in the form correct so we are sending in an appeal tomorrow with all documnetation but this could take up to 9 weeks and we just dont have any money!

i hope we can claim swa while an appeal goes through or i will just have to put in a claim tomorrow for me and the kids

they refused saying he has no ties here, no relatives,and no work time long enough...even though he does have family here- irish wife and kids with irish nationality and other relatives which was all stated on the HR form.

plus he worked in the uk for 6 years prior to working in ireland for a year and a half and according to the habitual residency guidelines point 5.1 it says that uk is in the common area and employment there should be treated as if working in ireland,plus we declared involvement with parish and GAA but they still refused!

in our appeal i have encolsed all birth certs, passports of my irish kids, letter form the priest -lol to say we are part of the community ,his irish driving licence ect....ect...

so do you think i should get a deciding offercier to review it first before we put in an appeal? do you know how long it will take for a review to be processed?

im just hoping tomorrow we will get this sorted, we got the refusal friday afternon- postman was late delivering mail, so weve had to wait all the long weekend, fretting and stressing not knowing what to do!
x

kn

Being Polish is not the problem with the habitual residency rule. If I am correct in assuming that you have been with your husband for in excess of the last 2 years and are in the country for less than 2 years then it does not matter whether you are Polish or Irish there is no entitlement to social welfare.

However if you are with your husband less than 2 years and you have been in the country for the last more than 2 years then you could make a claim for yourself and the child but not your husband.

gaytony

trixeybell wrote: »

hi there,
my hubby has been on JSB and claiming for me and my three children on the claim too

he was just refused JSA as he does not meet the habitual residency conditions- hes polish

can i now open a new claim for me ,him and and the kids even though i was on his claim up until last week? as i am irish and so are the kids so we wont be refused habitual residency.

or can i claim for just me and the kids.?

i know that hes not entitled to anything because hes been refused residency but where does this leave me and the kids?

i ask this as now they have stopped our money we have no income coming in and to be honest i have 20 euro in my pocket and no money to buy groceries and nappies for the week..im just totally frantic and dont know what to do

would be so grateful of any response.

You can claim 'dependent' status for your partner , my partner is from Latvia , he is here 3 years , did not pay enough prsi, we are not married and I claim for him as my dependent. If in doubt go see citizens advice as they are very helpful.

OmeGar

Am surprised by the result you got, with what you have stated. Was the hab res decision made at the local office or was it sent away for a decision?

Either way hand in the appeal form to the local office, get a copy of it and get the office to stamp that it was received. If it was a local decsion, the deciding officer can reveiw it before submitting it to the appeals office, if it was done centrally, they will forward it to the appeals office.

bring the copy of the appeal form to your local CWO, and have a chat. They have a little more lee-way, but won't pay you unless you can prove you have appealed the decision.

trixeybell

hey there, just an update for you,
we spoke to our CWO who was very surprised they had refused him HR
in the meantime we have submitted many documents to the welfare office for a review and gave a copy to the CWO too

he said that seeing the copys we are habitual residents and will pay us SWA until the review come through which is done at the local office that refused us. he said even if they refuse again that he will support us for an appeal and still pay us SWO until the appeal goes to a hearing ect...

he was very surprised- like us too..but it all has been sorted.- for now-lol

thanks for all the responses, i was so frantic with everything and you guys just gave me so much advice which i have acted on the past 2 days
xxxxx

nojunkmaill

Good to hear Trixie.

I'm sure it will be ok :-) If you do get a refusal again make sure you question why and ask where the decision was made.

There is a HRC dedicated section where HRC applications are often sent, however, it's usually decided at local office, to save time etc.

Best of Luck.

OmeGar

glad to hear that yo at least have a stop gap in place. Just remember to take deep breaths.

notsobusy

Great to hear that Trixie!!!