Social Welfare Appeal G0037

Year: 2012

Type of Social Welfare: Child Benefit

Deciding Body: Appeals Officer

The Appellant, a non-EU national, made an application for Child Benefit in June 2011. The application was refused on the grounds that the Appellant was not lawfully resident in the State and therefore could not satisfy the Habitual Residence Condition. This decision was appealed on the grounds that the Appellant derived a right of residence from her son, an Irish and EU citizen, under Articles 20 and 21 TFEU as per the European Court of Justice in Ruiz Zambrano v Office national de l’empoi.

The appeal was partially allowed and the Appellant was deemed entitled to Child Benefit from the 1st of December 2006.

The Appellant was subsequently successful in her applications for Rent Supplement and One Parent Family Payment and was awarded arrears of payments dating back to 2006 which amounted to approximately €16,000.