The client was born in Ireland and prior to moving to the UK, she had lived and worked in the state. She returned from the UK to live with her siblings in Ireland after separating from her husband following an abusive relationship. She registered with FÁS and applied to the Department of Social Protection (DSP) for Jobseekers Allowance. DSP refused her application on the basis that there was no evidence to substantiate the claim that she was habitually resident in the State.
CLM Limerick’s input:
At this point, the client sought the advices and assistance of the CLM Limerick who applied for a review of the decision on the 9th of December 2013, setting out the reasons why the habitual residence disallowance on the Appellant’s Jobseekers Allowance claim was incorrect. CLM Limerick submitted that the client’s centre of interest was in Ireland, she had a 10 year employment history in the State from 1971-1981 and had family ties and immediate family residing in the State with all of her siblings and a large extended family of cousins, aunts, uncles, nephews and nieces residing in the State. The Deciding Officer in replying on the 31st December 2013 reaffirmed that the habitual residence condition was not satisfied. Following this, a formal appeal was lodged by CLM Limerick on the 31st December 2013. An oral hearing was held on the 3rd March 2014 and on the 19th March 2014, the appeal was allowed. The Appeals Officer concluded that the Appellant did meet the habitual residence condition for the purpose of her Jobseekers Allowance claim. The Appellant was granted arrears from the date of her original Jobseekers Allowance application.
The client contacted CLM Limerick shortly afterwards to say that the assistance given to her in securing her Jobseekers Allowance payment had changed her life. It afforded her the opportunity to move on from the difficulties she had faced in the UK and to build a new life for herself in Ireland surrounded by her family.