# Child Benefit appeal failed



## ggalrossy (17 Jan 2011)

Hi all, I'm trying to help a friend find more information after her appeal failed. 

European citizen living in Ireland since 2004. Her daughter resides with her mother back home but is supported by her mother who works here. 

Now, the case. Applied for child benefit back in 2005 but got a verbal "no, this cannot be done as your child is not resident in Ireland". Since then she found this to be untrue and applied successfully in 2009. After been advised to appeal the case, the appeal has failed as she could not proof that a verbal "no" was said in 2005. She tried to voice the fact that if it was possible to get child benefit, why would she wait 4 years to do so but the appeal was not allowed. Has anyone knowledge in this area that may be able to help, according to the leaflets, the hugh court is the only option to proceed. 

Thanks..


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## Guest105 (18 Jan 2011)

i think you are wasting your time taking this to the High Court. Child Benefit services always answers claims through written correspondences. If you haven't got an offical letter from the Department turning down your claim it will be near impossible to prove. .was the mother claiming child benefit in her own country throughout all those years? In a week where we have seen returning Irish emigrants been refused welfare assistance i think the welfare state that was previously there is well and truely banjaxed, the country is bankrupt.


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## alaskaonline (18 Jan 2011)

ggalrossy said:


> European citizen living in Ireland since 2004. Her daughter resides with her mother back home but is supported by her mother who works here.



Bit confused here....The EU citizen daughter lives with the grandmother while the mother lives in Ireland correct?

If this is the case, the grandmother should get the CB in the country she lives in with her granddaughter.


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## Bronte (18 Jan 2011)

The verbal no is meaningless so you have no evidence, in any case how could one afford a High Court case.  

Did the mother apply in writing in 2005?  You say she applied, did she apply in writing or did she enquire orally if she was entitled?  If she was turned down in writing in 2005 she could have appealed that decision which she did not do.  Those appeals have to be lodged within specific time frames.  In any case each year since 2005 she could have applied.


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## Granger (18 Jan 2011)

When you say your friend applied in 2005 but got a verbal NO, Do you mean she actually filled out a Child Benefit application form and sent it to the Department and then was told a verbal no?


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## fababby (18 Jan 2011)

You also have the option of making a written complaint to the Ombudsman, if you think the decision of the Appeals Officer was unfair.

http://www.citizensinformation.ie/e...al_welfare_system/social_welfare_appeals.html


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## ggalrossy (18 Jan 2011)

Thanks for all the replies.. 



alaskaonline said:


> If this is the case, the grandmother should get the CB in the country she lives in with her granddaughter.


I was off the same opionion but its only allowed (same here) if your a  gaurdian.



Bronte said:


> Did the mother apply in writing in 2005?


 No, all verbal I'm afriad. 



fababby said:


> You also have the option of making a written complaint to the Ombudsman,  if you think the decision of the Appeals Officer was unfair.


  Thanks, this may be the only option available.


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## alaskaonline (19 Jan 2011)

From the Citizen Information website:



> If you are an EU/EEA citizen or a Swiss national and work in a country covered by EU Regulations, the country you work in usually pays Child Benefit even if your family is living in another country. However, if your children are living in another EU/EEA country you should still apply for any Family Benefits you are entitled to there.


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## Bronte (19 Jan 2011)

ggalrossy said:


> No, all verbal I'm afriad.
> 
> 
> .


 
Well then your friend has absolutely nothing to go on.  She should let it go.


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