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Jobseekers Allowance (Habitual Residence) - Case 3

Question At Issue:

Whether appellant may be deemed to be habitually resident in the State for purposes of his Unemployment Assistance claim.

Background:

The appellant came to live in Ireland in August 2003, with his wife and child. He claimed Unemployment Assistance in July 2004 but was disallowed on grounds that he did not satisfy the habitual residence condition. The Deciding Officer concluded that he had not been resident in the State or other parts of the Common Travel Area for the previous two years and that, in line with details he supplied when he made his claim, his stay was for a brief period only, possibly two to three years.

Oral Hearing:

The appellant attended alone. He reported that neither he nor his wife had any direct family connections with Ireland. He said that he had not returned to his country of origin since his arrival, having come here on a one-way ticket. He reported that he was living in rented accommodation and that there was no lease on his rented property. He submitted that he had commenced full-time employment since making his claim, that he held a bank account here, that he had joined a local sports club and was involved in coaching, that his employment required a minimum of two years to complete, and that his second child was born here.

The Appeals Officer asked the appellant about his job prior to coming to Ireland. He reported that he had taken a career break to come to Ireland. He said that he was not looking to leave that job but to extend his career break for a further one to two years. In relation to his employment in Ireland, he said that he had no written contract but understood that the job would last for at least two years.

The appellant reported that his extended family continues to live in his country of origin and that his household effects and car were in storage there, awaiting the family’s return. He stated that he did not own property there, having always rented. He said that he plans to stay in Ireland for about two years, and planned to extend his career break accordingly.

Consideration of the Appeals Officer:

The Appeals Officer noted that the appellant was unable to submit any written evidence regarding an employment contract, extending his career break or any other evidence which might support the contention that he intended to stay in Ireland for the foreseeable future. She noted also that the appellant acknowledged that he intended to return to his country of origin to live, that his personal effects were in storage, that he had opted for an extension to his career break and not resignation and that his work permit curtailed the conditions of his residence in this country. In all the circumstances, the Appeals Officer concluded that the appellant did not satisfy the habitual residence condition.

Outcome:

Appeal disallowed

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