Appealing medical card refusal to a single mum

Gagoune

Hi there.
I am French, living in Ireland since Ausgust 2010. I am employed part time and I have a undetermined contract. I am a single parent to a 7 years old and get €30/week maintenance from the father.
I put an application for the medical card in november 2010 and I just received a negative answer by post on the 7th January.

" It is a condition for the granting of a medical card that the claimant must be 'ordinarily resident' in this state: -have been resident in this state for a period of 12 months OR having a declared intent to remain in this state for that minimum period (e.g. having secured employment for such period, purchased a property or signed a rental lease for that period). I regret to inform you that, having to these circumstances, you are not deemed to be ordinarily resident in this state at present and your qualification for amedical card has been refused on these grounds."

I have a right to appeal the decision whithin 21 days, soI am looking for advice.

I have enclosed with my application a copy of my rental contract (I signed a one-year lease ) + a copy of my undetermined contract + a copy of my child school admission...

I am a childminder, so my employer can write a letter to explain that he needs me until his baby is on age to go at school (so it's mean he needs me for a minimum of 3 years) and ask his own employer to state that he is on full time undetermined contract since long time. Just to show that the situation is stable.... ?

I have also applied for the one parent family allowance on 1st november 2010 and still waiting for an answer... I am afraid that whilst I didn't pass the habitual residence condition for the medical card qualification, it will be also a negative answer. But I would think that for the one parent family allowance I do not need to pass it as an EU citizen. This is what I have find on the is citizens website:

One-Parent Family Payment and EU Regulations

From 5 May 2005, EU citizens, EEA citizens and Swiss nationals, who are employed or self-employed in Ireland and who are paying into the Irish Social Insurance System do not have to meet the habitual residence criteria to qualify for One-Parent Family payment.
If you are an EU/EEA citizen or Swiss national, you can also get One-Parent Family Payment if you become unemployed and are getting Jobseeker's Benefit. You must meet all other qualifying criteria for One-Parent Family Payment.



Can anyone give me info on what I can say that would make a really good appeal, first for the medical card, then is someone had a similar situation?
Are appeals ever really granted?

Thanks you

eastbono

I cant help you with the Medical Card but in regard to One Parent Family you will also have to complete Habitual Residence Form. Under current criteria it is unlikely that you will be deemed Habitually Resident but continue with your application.

cee_jay

One Parent Family is considered a Family Benefit. If you are working in Ireland under a valid contract of employment and pay Irish PRSI, you do not have to satisfy Habitual Residence to receive payment. You may need to supply a letter from your employer/contract of employment to show you are employed and a payslip to show your PRSI deductions. Your earnings will be assessed as means.
I am unsure about the medical card. However, 'ordinarily resident' does not seem to be the same as habitual residence. I would advise to ensure you include a letter from your employer stating your employment is expected to last longer than a year in your appeal.

cee_jay

Citizen's Information may be able to advise you further on the medical card issue.

eastbono

re habitual residence... they following i have lifted for welfare website

You must satisfy the habitual residence condition for:

Jobseeker's Allowance,
State Pension (Non-Contributory),
Blind Pension,
Widow's or Widower's (Non-Contributory) Pension,
Guardian's Payment (Non-Contributory),
One-Parent Family Payment,
Carer's Allowance,
Disability Allowance,
Supplementary Welfare Allowance (other than once-off exceptional and urgent needs payments), and
Child Benefit.


You have to satisfy Habitual residence for One parent family if you are not paying prsi in Ireland. If your employer is not paying prsi for you then you will have to satisfy Hab Res.

Gagoune

thank you for advice !