# Claiming Job Seekers Benefit a year after being made redundant



## GreenFlag (23 Jan 2014)

Hello

I was made redundant in December 2012. I did not claim / try to claim Jobseekers Benefit at the time as i went to the UK . I am back in Ireland now (13 months later) and want to apply to claim my Job Seekers Allowance.

Would being away for a while affect claim in any way?


Thanks


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## Time (23 Jan 2014)

It shouldn't but they will play the habitual residence game with you.


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## GreenFlag (23 Jan 2014)

Thanks Time

what is the habitual residence thing? i have been in Ireland my whole life apart from this last year. will that make any difference.


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## Time (23 Jan 2014)

They will attempt to claim that you are not habitually resident. Standard procedure.

Do you have any documents showing you have abandoned the UK?


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## eastbono (23 Jan 2014)

If you worked all of 2012 as a paye worker and have enough overall contributions then you should qualify for jobseekers benefit which isnt subject to habitual residence.


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## pudds (23 Jan 2014)

You were away for 13 months but were still living within the 'common area' e.g. Ireland/Uk/channel islands, so I cant see you not meeting this HR requirement.

The 5 Factors:



> The Five Factors
> 
> Section 246 (4) of the Social Welfare Consolidation Act 2005, incorporates into Irish law 5 factors that have been set down in judgements given by the European Court of Justice (ECJ) as relevant to determining whether a person is habitually resident. The following are the five factors:
> 
> ...




[broken link removed]


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