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sony44
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Posts: 32
Joined: Mon Oct 21, 2013 1:05 pm
Location: United Kingdom

PLEASE ADVISE

Post by sony44 » Mon Dec 02, 2013 11:27 am

My Partner who is a British national and on income support and also claims housing benefit ,my son and i are considering going to Ireland with an aim exercising her treaty rights so we can come back under the SS route.We are planning to get married in my home home country then go to ireland. However my wife has 2 worries.
1)Will she able to continue to claim income n housing benefit when we return to settle here as we will be married and living together with me working full time.(i don't intend to claim benefits of any sort when we return)
2)will she be able claim benefits while exercising her treaty rights in ireland as a worker? Please advise.

Latintraveller
Member
Posts: 158
Joined: Fri Sep 28, 2012 4:13 am
United Kingdom

Post by Latintraveller » Tue Dec 03, 2013 9:21 pm

Top-up benefits are fine. She will need to be employed or self-employed after the initial three months for you to be able to stay in Ireland.

The biggest issue could be the Habitual Residency Condition (HRC) which is applied to many benefits. Basically it is very difficult to get benefits unless you are viewed as to have given up your life abroad to live in Ireland. As part of the test you will be asked about the location of your family, where your money is banked and clubs and societies you belong to to see where your "centre of interest is".
http://www.citizensinformation.ie/en/so ... eland.html
http://www.welfare.ie/en/Pages/Habitual ... Offic.aspx


If you have children and you or your wife are employed (not self-employed) for more than 19 years a week you can claim "Family Income Support"
http://www.citizensinformation.ie/en/so ... ement.html . There is no HRC for this benefit.

If she plans to be self-employed she may be able to claim JSA as an underemployed person if she passes the HRC (it is easier to pass if she is from the UK (Common Travel Area) and if partially employed/self-employed). If she passes the HRC they may make declare your means to be a few Euro a week and allow you to pocket the extra until it is reviewed again after several months. It can take several months (with arrears) to receive the dole though. There is also a provision for job seekers to get benefits transferred from one EU country to another but this would be at the lower UK rate of around £110 per week as a couple rather than the Irish rate of around €310.

It may take six months to get Rent Allowance and then you can only get it if your income drops for a reason outside of your control. If though you get assessed by the council you may get it sooner but many councils will not accept your application until you get your Stamp 4 (5 year residence card).
http://www.citizensinformation.ie/en/so ... ement.html

You may find some of the issues discussed here of interest.
http://www.immigrationboards.com/viewtopic.php?p=730423

sony44
Newbie
Posts: 32
Joined: Mon Oct 21, 2013 1:05 pm
Location: United Kingdom

thanks

Post by sony44 » Thu Dec 05, 2013 11:35 am

Thanks ever so much for your advice.

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