This case relates to a review of a decision by the Department of Employment Affairs and Social Protection (the Department) made in July 2017 as to the weekly payments to which the Appellant is entitled under the State Pension (Contributory) (SPC).
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
This case concerns the judicial review of a decision by a Deciding Officer (DO) on 28 August 2009 whereby the Appellant was refused Jobseekers Allowance (JA) on the basis that he was a Romanian Citizen who failed to fulfil the requirements for JA. The DO held that the Appellant was not permitted to claim JA as he did not have a work permit for twelve consecutive months since 1 January 2006 and was therefore not available for full time work. This decision also had the effect of preventing the Appellant from receiving Supplementary Welfare Allowance (SWA) and Rent Supplement (RS).
The Appellant is a Romanian citizen who resided and worked in Ireland since 2004. When the Appellant first came to the State he was not aware of a requirement to have a work permit in order to work. Between September 2006 and April 2007 the Appellant worked as an insured employee and tax and PRSI was paid to the Revenue Commissioners by his employers.
From May 2007 to November 2008 he worked in a self-employed capacity paying all the requisite VAT, Income Tax and PRSI to the Revenue Commissioners. He was joined by his spouse and four children in February 2007. The Appellant lost his employment due to the economic downturn in November 2008. The Appellant’s fifth child was born in Ireland in July 2009.