Social Welfare Appeal G0100

Year: 2018

Type of Social Welfare: Child Benefit

Deciding Body: Appeals Officer

This case concerns an appeal regarding a decision by a Decision Officer (DO) to terminate the Appellant’s entitlement to Child Benefit (CB) for the period that her spouse, a Romanian citizen, was considered not to have a lawful right to reside in the State. It was determined by a DO that the Appellant was not entitled to CB payments after her husband’s self-employment ceased in November 2008 on the basis that she was not habitually resident in the State.

The Appellant sought a review of the decision of the DO. In making this request the Appellant  submitted evidence to support the issuing of a revised decision. This included  documentary evidence of her children’s school attendance and a statement confirming that she and her spouse intended to purchase a house in Ireland. On 25 May 2009 the DO refused to overturn the earlier decision asserting that no new evidence had been provided to warrant making a revised decision.

The Appellant lodged an appeal with Social Welfare Appeals Office (SWAO). An oral hearing date was scheduled for September 2010 but this was subsequently adjourned. The Appellant’s spouse first attended CLM in June 2010. The Appellant attended CLM sometime after June 2010. CLM came on record for the Appellant and requested her file under the Freedom of Information Acts.

Child Benefit – Habitual Residence Condition – Right to Reside – Judicial Review