habitual residence?

A

an duin

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not long since moving from ni,got married to a southern woman.while i lived in ni i was claiming income support for incapacity.i had to sign on when i moved south.2 questions,1.am i entitled to benefits in republic myself because of habitual residence rules,we have 2 children together who live with us,she works but is claiming fis for us as a family. 2 can i claim an illness benefit such as income support for incapacity that i claimed in ni as i had no stamps. dont know if their is an equal benefit in republic
 
If you have no National Insurance contributions (or PRSI, which is the equivalent here), you can only apply for a means-tested scheme, and entitlement will depend on your wife's income.

If you are available for work, you can apply for Jobseeker's Allowance.
If you are unable to work due to illness or disability (long-term), you can apply for Disability Allowance.
If you have no income and are not long-term ill or available for work, you can apply for Supplementary Welfare Allowance, only if your wife works less than 30 hrs per week - if she works 30 hrs or more per week you aren't eligible regardless of her income.

All of the above schemes are subject to habitual residence.

There are 5 factors taken into consideration when the assessing habitual residence:

Factor 1 - Length and continuity of residence in Ireland or in any other particular country

Factor 2 - Length and purpose of any absence from Ireland

Factor 3 - Nature and pattern of employment

Factor 4 - Applicant's main centre of interest

Factor 5 - Future intention of applicant concerned as they appear from all the circumstances.
 
habitual residence is one persons opinion,the deciding officers.my intentions are to stay with my family in the republic,find a job,but they might see otherwise
 
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