Immigration Welfare Tourism

djpbarry

guyjohn wrote: »

The link showing exemption from Habitual Residence is look under Rules , Habitual Residence Condition. The text in the post is from the web page.
Exemption from the habitual residence condition for EEA nationals
Under EU law, in certain circumstances, EEA citizens or Swiss nationals do not have to satisfy the habitual residence condition. These circumstances apply to:

Family Benefits and
Supplementary Welfare Allowance

Child Benefit,
One-Parent Family Payment,
Guardian's Payment (Non-Contributory),
and
Domiciliary Care Allowance.

And if we continue to read on the same web page…

This means that they are payable to a person who qualifies for EU migrant worker status for dependants who are resident in Ireland or in another EEA state. However, EEA citizens or Swiss nationals who move to Ireland to look for employment are subject to the habitual residence condition in the normal way while looking for work.

In other words, if you’re an EU migrant in Ireland, you can claim child benefit (for example) for your kids, even if your kids don’t satisfy the habitual residency test, which doesn’t strike me as unreasonable.

guyjohn

djpbarry wrote: »

And if we continue to read on the same web page…
In other words, if you’re an EU migrant in Ireland, you can claim child benefit (for example) for your kids, even if your kids don’t satisfy the habitual residency test, which doesn’t strike me as unreasonable.

An Irish citizen must pass the Habitual residence test for the child benefit unlike an EU citizen.


The link below refers to welfare tourism from the UK surprisingly hard hitting for the Indo.

http://www.independent.ie/opinion/columnists/kevin-myers/risible-lies-about-immigrants-no-substitute-for-honest-debate-26469455.html

Nodin

guyjohn wrote: »

An Irish citizen must pass the Habitual residence test for the child benefit unlike an EU citizen.


The link below refers to welfare tourism from the UK surprisingly hard hitting for the Indo.

http://www.independent.ie/opinion/columnists/kevin-myers/risible-lies-about-immigrants-no-substitute-for-honest-debate-26469455.html

That's a rant by Kevin Myers.

Do please provide proof that an Irish person must pass the habitual residency test for child benefit and an EU citizen does not.

Pro Hoc Vice

Nodin wrote: »

That's a rant by Kevin Myers.

Do please provide proof that an Irish person must pass the habitual residency test for child benefit and an EU citizen does not.

http://www.welfare.ie/en/downloads/sw108.pdf

Ireland can set any conditions it wants in relation to returning irish citizens (as long as not returning from within EU). But any conditions must take into consideration EU law when persons are exercising EU treaty rights which has an exception relating to family payments.

BTW the condition may be worth a challange in Europe if it severely interferes with a Irish citizen child enjoying his right to enjoy his right to reside within the eu.

guyjohn

Nodin wrote: »

That's a rant by Kevin Myers.

Do please provide proof that an Irish person must pass the habitual residency test for child benefit and an EU citizen does not.

http://www.welfare.ie/en/Pages/Child-Benefit.aspx#hreea

See the text extract from the link below.


HABITUAL RESIDENCE

EEA WORKERS

Child Benefit is classified under EU law as a Family Benefit. Applicants whose entitlement to Child Benefit derive from the application of the provisions of EEC Regulation 883/04 do not have to satisfy the condition as European legislation takes precedence over Irish legislation. In effect the EU rules contained in Articles 11to 15 of Regulation 883/04 governing the payment of family benefit to migrant workers from EEA Member States override the habitual residence requirements under the Social Welfare Acts.

These rules apply to employed or self employed EEA nationals, who have become subject to Irish PRSI since coming to Ireland, and their entitlement continues if they become unemployed and receive Irish Unemployment Benefit.


From correspondence with Immigrant Council of Ireland.
An EEA national working here with a proven defacto relationship or spouse and children EU or Non EU has the right under the Freedom of Movement to bring them here. The Irish citizen does not have this right it is at the discretion of the Minister and not easy to get.

View

Hmmm, interesting and all as this is, it would appear to be slightly off topic.

A Migrant Worker isn't engaging in welfare tourism since they are by definition a Worker.

Why is it a problem that Migrant Workers are entitled to the benefits we voluntarily agreed they would be entitled to claim?

guyjohn

View wrote: »

Hmmm, interesting and all as this is, it would appear to be slightly off topic.

A Migrant Worker isn't engaging in welfare tourism since they are by definition a Worker.

Why is it a problem that Migrant Workers are entitled to the benefits we voluntarily agreed they would be entitled to claim?

Agreed this is off topic .I was just replying to a poster who wanted proof in relation to child benefit. The topic was also covered in an earlier post some just require repetition .