Claiming Job Seekers Benefit a year after being made redundant

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Hello

I was made redundant in December 2012. I did not claim / try to claim Jobseekers Benefit at the time as i went to the UK . I am back in Ireland now (13 months later) and want to apply to claim my Job Seekers Allowance.

Would being away for a while affect claim in any way?


Thanks
 
It shouldn't but they will play the habitual residence game with you.
 
Thanks Time

what is the habitual residence thing? i have been in Ireland my whole life apart from this last year. will that make any difference.
 
They will attempt to claim that you are not habitually resident. Standard procedure.

Do you have any documents showing you have abandoned the UK?
 
If you worked all of 2012 as a paye worker and have enough overall contributions then you should qualify for jobseekers benefit which isnt subject to habitual residence.
 
You were away for 13 months but were still living within the 'common area' e.g. Ireland/Uk/channel islands, so I cant see you not meeting this HR requirement.

The 5 Factors:

The Five Factors

Section 246 (4) of the Social Welfare Consolidation Act 2005, incorporates into Irish law 5 factors that have been set down in judgements given by the European Court of Justice (ECJ) as relevant to determining whether a person is habitually resident. The following are the five factors:

Factor 1 - Length and continuity of residence in Ireland or in any other particular country

Factor 2 - Length and purpose of any absence from Ireland

Factor 3 - Nature and pattern of employment

Factor 4 - Applicant's main centre of interest

Factor 5 - Future intention of applicant concerned as they appear from all the circumstances.
Click to expand...


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