# Child Benefit question - Irish Citizens moved back from USA with USA born children



## dazzerb (13 Sep 2010)

Both parents born and bred in Ireland and are Irish Citizens.

They emigrated to USA about 10 years ago but now have returned with their USA born children.  No plans to return to USA.   Ireland is their new home.

Do they need to wait two years for child benefits to start?

Reading all the habitual residence conditions and only see information relating to non Irish citizens moving to Ireland and having to wait two years for benefits to start.

What are the rules for Irish citizens returning from non EU countries.

Thanks!


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## Samantha (13 Sep 2010)

Link below will give you all the fact. There is a leaflet to download which explains all the entitlement

[broken link removed]


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## dazzerb (13 Sep 2010)

I saw these sites and they say you are entitled if you are habitually resident which is the original question, i.e. does an Irish Citizen have to wait two years after their return to be habitually resident again?  I am just not seeing that anywhere.


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## Marietta (13 Sep 2010)

Your family or friends has resided outside of this country for the last ten years so therefore unless they can satisify the habitually resident conditions they will have to reside in this country for a full two years before they are entitled to claim any welfare benefits whether its child benefit, jobseekers allowance etc.


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## gipimann (13 Sep 2010)

The "two year rule" is not mentioned as one of the five factors which are considered for Habitual Residence (HRC).    

Being here for 2 years does not automatically grant HRC, and a person may pass the HRC test without being here for 2 years, depending on their circumstances.

Information on HRC can be found here
http://www.welfare.ie/EN/Publications/SW108/Pages/1WhatistheHabitualResidencecondition.aspx


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## dazzerb (28 Oct 2010)

just following up on this.  Child Benefit made us fill out the habitual residency form and said it would take 6-8 weeks to process.  That time passed  and child benefit has been approved so I guess we did full filled the requirements and did not have to wait two years (as pointed out by "gipimann".

thanks everyone


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## Marietta (28 Oct 2010)

Dazzerb - That is good news your friends were successful.

The news is not good for 3000 more returning Irish Emigrants according to today's Irish Independent


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## fababby (28 Oct 2010)

Can I ask if either one of the couple or both worked after returning to Ireland?

A


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## billb (28 Oct 2010)

My wife was in a similar situation being a returning "economic refugee" from the 80's and found the following advice from an online document  [FONT=&quot]http://www.welfare.ie/EN/OperationalGuidelines/pages/habres.aspx[/FONT]
*
"Resuming previous residence
A person who had previously been habitually resident in the State or  within the Common Travel Area and who moved to live and work in  another country and then resumes his/her permanent residence in the  State may be regarded as being habitually resident immediately on  his/her return to the State."*

 It took 6  months of correspondance with the Child Benefit office before she received child benefit and a further 2 years and assitance from our local TD before she was taken off the list of "EU Citizens" that are asked to certify their residence and employment every couple of months.

It seems that if you have moved or returned to Ireland from elsewhere then it is assumed that you are a fraudster and you have a devil of a job to receive your entitlements.

Good luck

(before anyone asks - we are not on benefits and pay the same tax/prsi as everyone else)


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## dazzerb (27 Nov 2010)

fababby said:


> Can I ask if either one of the couple or both worked after returning to Ireland?
> 
> A



Yes, I am self employed.


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