Case Studies » Child Benefit » Child Benefit - Case from 2017 Annual Report (ref: 2017/01)

Background:  The appellant applied for Child Benefit in February 2017 in respect of his three children. The claim was disallowed on habitual residence condition grounds. The Department argued that the appellant and his children only came to live in Ireland in January 2017, that the appellant arrived without arranging any work in advance and with no means of financial support and that he had to seek emergency social welfare payments from the Department upon arrival. Prior to moving here, he had lived all his life in the UK with his only link to Ireland being his mother and younger sister who live here.

Oral hearing: The appellant, in his thirties, was born and raised in the UK. His father is English and his mother is Irish. They separated when he was a child and his mother and sister returned to Ireland while he remained in the UK with his father. He came to Ireland for most of the school holidays to stay with his mother and to spend time with his grandparents and other extended family.

The appellant and his ex-partner have three children. They lived in the UK and the appellant supported the family with a variety of jobs. His partner experienced health problems and was in receipt of a disability payment. In 2016 the relationship broke down and he left the family home. After spending Christmas in Ireland with his mother, he decided to move over permanently if his ex-partner would allow him to bring the children with him to live in Ireland. She agreed and he moved over with the children in January 2017. Initially they moved in with his sister and her family.

The appellant stated that he and his partner had always intended to move to Ireland as he has much stronger family ties here than in the UK. He applied for Supplementary Welfare Allowance, One Parent Family Payment and Child Benefit soon after arriving in Ireland in February 2017. He had very little money and received a few Exceptional Needs Payments from the Department. However, his stated intention was to find work and the evidence showed he had applied for several jobs. He also began doing odd jobs for friends and other family members and managed with that money and help from his family to move into his own rented house. He had recently been offered a job but could not take it up as he needed an Irish Safe Pass card and could not afford the course. He was just about managing to get by but would love to set up his own business after he gets more established. He intends to remain in Ireland permanently as the majority of his family members are in Ireland. Two of his children are attending primary school since February 2017 and are doing well.

Consideration: It is a qualifying requirement for Child Benefit that a person is deemed to be habitually resident in the State. Section 246 of the Social Welfare Consolidation Act 2005 provides that in determining whether a person may be regarded as habitually resident, particular attention must be paid to the following: the length and continuity of residence in the State; the length and purpose of any absence from the State; the nature and pattern of employment; main centre of interest, and future intentions as they appear from all the circumstances.

The Appeals Officer considered that the appellant had established a centre of interest in the State with effect from February 2017, when two of his children started school in Ireland. The Appeals Officer noted that the appellant was working, doing odd jobs as a handyman, and had secured rented accommodation. He also noted the appellant’s stated intention to remain in Ireland permanently where his support network to help him raise his children is much greater than in the UK. In the circumstances, the Appeals Officer concluded that the appellant was habitually resident in the State with effect from February 2017.

Outcome: Appeal allowed.