# Am I entitled to SW - no PRSI paid from 09/07 to 08/08



## micamaca (30 Dec 2009)

Hi,

I am confused over the two year period mentioned on Jobseekers forms. To explain, I am a mature student. I was on an Erasmus year from September 2007 to end of August 2008. My husband took a career break and came with me. So he did not contribute any PRSI during this time. 

When I went to fill out the Jobseekers Form in July, it asked have you been in the country during the last two years. Well, we hadn't. I asked someone at a the local community centre, if I would be eligible and they said no. So I didn't apply. 

I then spent the next six months looking for jobs abroad but did not have any success. I even moved abroad to try to increase my chances. 

I am now back in Ireland and I would like to see if I am eligible for social welfare at this stage. My husband is back in work since September 2008 paying PRSI. Should I be entitled to anything now that I am back in Ireland seeking work? 

thanks for your replies

M


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## Welfarite (30 Dec 2009)

The reason you were questioned about your absence from the state was due to the 'Habitual residence' rule. If, as your post suggest,you were absent from the state from September 2007 to July 2009, then you were not out of the state for 2 years. Also, as you will read in the link, it is not simply a matter of how long you were absent as other factors are taken inot account, including reason for absence and future intentions. 
I cannot understand how you failed to apply when somebody other than SW told you that you were not entitled to claim; trey couldn't possibly know as these things are complicated!
At this stage, you are definitely outside the 2 year period and you will have to apply for JA to undergo the 'habitually resident' check and this time get an official decision on it.


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## micamaca (30 Dec 2009)

Thanks for the quick reply. To be honest, I also failed to apply because I was intending to seek work outside of Ireland, not in Ireland. I learned a foreign language and I was hoping to get a chance to use it in that country and improve it and so on. So since I have decided not to look for work in Ireland, I would not qualify for social welfare either. I'm right here, aren't I?  Anyway, having come to the realisation, that I might have a better chance of getting work here after all, I will now be applying for jobs here and may be entitled this time round. 

I suppose I was a fool not to apply, but queues at dole offices, no car to get to dole office...Balbriggan would have been my closest till it closed and feeling I was not entitled put me off. But I will certainly apply now, since I feel I may now be entitled. I still have no car, but am willing to brave the inevitable long bus journey if it means I might get something.


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## Black Sheep (30 Dec 2009)

You have not stated if you were working and paying PRSI in the earlier part of 2007. If you were there may still be a chance if you make your application *before* end of 2009 (ie to-day or to-morrow)

By Jan 1st the relevant year will be 2008


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## micamaca (30 Dec 2009)

I wasn't working, I was a full-time student. But my husband paid PRSI till he took his career break in September 2007. But I wasn't looking for work in Ireland during the last few months. I was looking abroad. Does not automatically disqualify me?


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## Welfarite (31 Dec 2009)

micamaca said:


> I wasn't working, I was a full-time student. But my husband paid PRSI till he took his career break in September 2007. But I wasn't looking for work in Ireland during the last few months. I was looking abroad. Does not automatically disqualify me?


 

As I explained, there s no black and white answer to that. Did you red the link I posted? Also, you might be able to apply by post if you live more thn 10k from your local office but, as your case is complicated, I'd say visit would be more productive.


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## micamaca (31 Dec 2009)

Hi, 

yes I did read the link, thank you. I see what you mean, it is a lot more complicated than I thought. The way the question was phrased on the form and my past experience of social welfare claims...xx year and xx year for the present year... and the fact that someone confirmed this to me, put me off. Yes, I should have gone down in the beginning. Then I decided I would look for work abroad, so I would not have been able to satisfy social welfare on a monthly basis that I was available for any job in Ireland, especially since I wasn't even in Ireland for the last couple of months. Maybe other people do this, but I'm not one of them. Now, I am back and looking for work here, I hope I will be entitled to something. I understand, I made a mistake and I should have gone down earlier to find out for sure. I'm probably too late to go down today, but I may give it a go. Otherwise I will post in a new claim. Someone told me you have to be at this particular office by 8.30 to have any chance of being seen. I think I'd have to sleep over from the previous night to make that with the public transport we have out here.


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## Black Sheep (31 Dec 2009)

It is important that you make an application for jobseekers Allowance. Even if your application is disallowed you should continue to sign on for credits to keep your PRSI record up-to-date.

You will not be able to obtain any benefits based on your husbands PRSI


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## micamaca (31 Dec 2009)

Well, I'm not even entitled to credits as I was not working during 2007. I was a full-time student at university, getting my first third level qualification and did not manage to fit in work as well. 

So I'm entitled to nothing as I was not working at all and my husband earns more than 20k. So as a family unit, I do not qualify for anything. Now I know. 

Thanks for all the replies.


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## Black Sheep (1 Jan 2010)

Sorry I misread your post and thought you had PRSI in 2008.


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## micamaca (1 Jan 2010)

No worries at all. Thanks for trying to help.


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