# children allowance for irish citizens from northern ireland



## chum (6 Dec 2007)

If you work in the roi but live in northern ireland can you claim children allowance for your children who are irish citizens but live in the north?


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## extopia (6 Dec 2007)

No, you cannot claim state benefits if you are not resident in the state.


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## gipimann (6 Dec 2007)

In fact, as a person who pays PRSI in this country, you are entitled to apply for Child benefit for your children who do not reside here under EU law.   Granting of the payment depends on your entitlements elsewhere.

See the section on EEA nationals in  this  link to the Social Welfare Website.


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## busymam (6 Dec 2007)

http://www.welfare.ie/foi/childben.html#part1 Scroll down to the the part about Habitual Residence. 
'Child Benefit is classified under EU law as a Family Benefit.' 

If you work in the Republic of Ireland and live in another state (in your case the UK) and have a qualified child then you are entitled to receive the difference between the Child Benefit that you would be entitled to in the UK and the amount paid in the Republic of Ireland.

There's an EU section in the Child Benefit Section in Donegal. They can give you more detailed information. http://www.welfare.ie/publications/sw42.html#8

By the way Child Benefit is not the only Irish social welfare payment that is classified under EU law as a family benefit. Family Income Supplement (FIS) is another one.

Hope this helps.


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## busymam (6 Dec 2007)

Great minds Gipimann


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## chum (6 Dec 2007)

thank you.


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## extopia (7 Dec 2007)

AFAIK  there is no link between child benefit and PRSI payments. Apologies if I was wrong above - but are you sure the benefit is payable to a worker who is not Habitually Resident in the state (even if the children are not)? The official information seems to imply that the applicant must be habitually resident.


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## gipimann (7 Dec 2007)

The payment of PRSI determines whether the EEA national worker is treated under EU law rather than the Irish Habitual Residence Condition (because EU law supercedes Irish Social Welfare Acts in this regard). It isn't linked to the payment itself per se.

If an EEA national applied for child benefit but was not part of the PRSI system (e.g. getting a pension from abroad), he/she would be subject to the Habitual Residence Condition.


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## apple1 (7 Dec 2007)

Extopia

You can indeed claim state benefit even if not resident in the state.  If you have paid your PRSI contributions for example, you can claim illness/disability benefit in the south & be resident in the north.  Not sure about childrens allowance.


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## Guest127 (7 Dec 2007)

lots of  people working in the south and living in norn iron claim irish child benefit. lots of norn iron citizens working part time in the south claim FIS. 
You are definitely entitled to claim. I had a Polish tiler/carpenter here last year and he had two children in gdansk and was claiming child benefit.


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## extopia (12 Dec 2007)

cuchulainn said:


> I had a Polish tiler/carpenter here last year and he had two children in gdansk and was claiming child benefit.



That's a different issue, assuming the Polish national was living in the State.


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## dearg (15 Dec 2007)

extopia said:


> That's a different issue, assuming the Polish national was living in the State.



Not at all, the issue is the co-ordination of social and family benefits for migrant and frontier workers in the EU.  Regulation 1408/71, put simply and amongst other things, states that if an EU citizen is paying taxes in an EU State as a worker there, they are entitled to the family benefits of that country as if their family members were resident in that country, so long as they are resident somewhere in the EU.

Frontier workers such as those living in the north but working in the south are paid family benefits in the first instance in the country of employment (i.e. here) but have entitlements under the regulation to not 'lose out', i.e. if they would have greater entitelements under UK legislation, the UK 'tops up' the difference to them, similarly an ROI resident working in Derry.

Anyways, get onto D/SFA in Letterkenny and they'll fill you in.


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## gebbel (19 Dec 2007)

cuchulainn said:


> I had a Polish tiler/carpenter here last year and he had two children in gdansk and was claiming child benefit.


 
Was he bending any rules to do this? If so you should have reported it to social services.


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## Welfarite (19 Dec 2007)

gebbel said:


> Was he bending any rules to do this? If so you should have reported it to social services.


 

No, he wasn't.


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## collieb (19 Dec 2007)

As posted above, rules about where to claim family benefits are all decided under EU Reg 1408/71. In this case, it willd depend on whether the partner of the OP is working in NI - if not, then CB paid in RoI, if partner is working in NI, then CB or equivalent is paid in NI. Early child supplement is also decided in the same manner.

However, the person will not lose out as, if the receive their benefit from the country with a 'lower' rate - then the other country will pay a 'top-up' to bring it in line with its own rate.

So, if OP has partner working in NI and child lives there, then NI will pay child benefit. However, RoI will then pay him a top up to ensure he is paid the same as if he were receiving full benefit in RoI.


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