Treated as married for SW but not for tax?

D

Dunster

Guest
Hi there,

I am currently unemployed. I live with my girlfriend but we do not share bank accounts or finances. I have lived abroad from Oct 2000 to Dec 2005 and therefore are not entitled to unemployment benefit. But because my girlfriend works I am entitled to the princely sum of 80 cents a week in unemployment assistance, as opposed to €165.80 if I were single, plus rent allowance and free medical. I am eagerly looking for work and just want what I think is my right while I find a job. I have paid tax and PRSI for 5 years before I left Ireland and will do so again once I get work.


What further annoyed me was the fact that for tax purposes we are considered single people and therefore are not entitled to the married couple tax bands. Surely this is unconstitutional or legally flawed in some way.

Your advice is very much appreciated.

Regards,

Dunster.
 
I think that this issue was discussed on AAM before in case that's of any use?
 
Dunster said:
Hi there,

I am currently unemployed. I live with my girlfriend but we do not share bank accounts or finances. I have lived abroad from Oct 2000 to Dec 2005 and therefore are not entitled to unemployment benefit. But because my girlfriend works I am entitled to the princely sum of 80 cents a week in unemployment assistance, as opposed to €165.80 if I were single, plus rent allowance and free medical. I am eagerly looking for work and just want what I think is my right while I find a job. I have paid tax and PRSI for 5 years before I left Ireland and will do so again once I get work.


What further annoyed me was the fact that for tax purposes we are considered single people and therefore are not entitled to the married couple tax bands. Surely this is unconstitutional or legally flawed in some way.

Your advice is very much appreciated.

Regards,

Dunster.
Click to expand...

This is among one of the items covered in a major discuassion paper that DSCFA has just launched.

See here

http://www.welfare.ie/press/pr06/pr200306.html


Murt
 
I notice you give no indication of where you worked in advance of returning to Ireland.

It might be worth noting, that Ireland has social security arrangements with other countries that allow you to combine those social insurance contributions paid in Ireland with your social insurance contributions paid in another country. The importance of this, is that it may allow you to qualify for a social insurance based payment (depending on where you were living and working abroad - of course).

Social security arrangements that Ireland has with other countries can be divided broadly into two groups:
  • Countries covered by European Union (EU)/European Economic Area (EEA) Regulations
  • Countries with whom Ireland has Bilateral Social Security Agreements.
If you were previously working in another EU member State you should have brought forms E301 and E104 with you which contain information about your social insurance record in that member State. These forms are available from the social security authorities in that member state and can be combined with your Irish social insurance record.

Even if you weren't working in another EU member state, you could have been working in a country with whom Ireland has a bilateral social security agreement. To my knowledge, these bilateral social security agreements mean your pension rights from the other country are protected when you move to Ireland. This can mean it is possible to have a pension from Ireland and one or all of the other countries. You may be able to combine your insurance records from Ireland and the other country in order to qualify for an Old Age (Contributory) Pension. (Pension issues may still be a bit down the road for you - but given the low level of pension coverage in Ireland, I would suggest you investigate this matter).

On another note - I am somewhat perplexed by your 80 cent social welfare payment. You say that while you and your partner live together you do not share finances or bank accounts - yet it appears from what you have said that you have been assessed by DSFA as a couple? Is this because you are a dependent of hers?

This may not be the case. It would seem to me that since you only returned to Ireland in December 2005 that you do not satisfy the 'habitual residency' requirement and this is the reason why you are in receipt of such a small social assistance payment.

It's worth nothing also, that there is nothing absolutely nothing to stop you from applying for a medical card, or a GP Visit Card given your income levels. In fact, those in receipt of Unemployment Assistance and no other payment (i.e., you) are regarded as being eligible for medical cards.

It's not true to say that if you were in receipt of a social welfare payment that you would automatically qualify for rent allowance either. Rent Supplement is paid to people living in private residential accomodation who cannot provide for the cost of their accomodation from their own resources.

You might find it worthwhile to do some more research on your rights and entitlements. Call into your nearest Citizens Information Centre or your local social welfare office (ask for the Information Officer) and go through your options.

In terms of alleviating the current financial strain - I suggest you visit your local Community Welfare Officer (CWO) and ask them for advice on your options - you may find for example that you currently qualify for Supplementary Welfare Allowance.

In addition your local CWO also calculates levels of rent supplement so they can advise on this matter too.


CMCR.
 
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