Mortgage Interest Supplement

Hi all

My husband and I, EU nationals, have been living/working in Ireland for the past 7 years and bought a home a few years ago. Now my husband is on 2 days a week, and I'm doing a FAS course (unpaid as I was not entitled to JSA as husband was working full-time when I applied). The other day we applied for mortgage interest supplement (I think it's called) and where given forms to fill in. On going back with everything, including payslips/my P45/his P60/jb receipts, etc, the 'new' clerk insisted we are to fill in the habitual residence form, as well as yet another form from his employer.

I'd like to ask a question if I may. Is the habitual residence form the usual procedure when it comes to mortgage interest supplement? Does not the fact that you're applying for it mean that you have a house, thereby have commitments to the country, as well as payslips, etc. proving that you are living here? As well as papers stating my husband has been working for this guy for a number of years, she requested documents from each and every employer since we've been here! When I mentioned that I had even transferred my national insurance payments from another EU country into Ireland, which can be verified (hardly the action of someone who's planning to leave), she said that doesn't make a difference! Also, considering our habitual residence form was approved for jobseekers benefit, I find it very odd.

You say she was a 'new' clerk. Perhaps she is just covering all the bases as I don't see any need for a HRC decision given that you are here for 7 years and/if you have provided proof of this to her. ( proof of residnecy of over 2 years ago is required)
FYI, the HRC does not apply for JB and, in any case, JB is paid by Sw while MIS is paid by HSE, a differnt department so they would jhave to investigate MIS separately.

Yes, you may be required to complete a HRC form when applying for Supplementary Welfare Allowance (inc Mortgage Interest Supplement), even if it has been approved by another scheme. The CWO must have documentary evidence to support any decision on Habitual Residence, even if it's apparent from your situation (house owner, working part time etc) that the conditions would be met.

There are 5 factors used to determine if a person is habitually resident. They are...

• Your main centre of interest, based on facts such as:
  • whether you own or lease a home here,
  • where your close family members live,
  • whether you belong to social or professional associations here, and
  • any other evidence or activities indicating a settled residence in Ireland
• The length and continuity of your residence in Ireland or other parts of the Common Travel Area
• The length of and reason for any absence from Ireland. For example, you can spend time on short holidays, studying or travelling outside of the Common Travel Area and still be regarded as habitually resident here
• The nature and pattern of your employment, if any
• Your future intention to live in the Republic of Ireland as it appears from the evidence

We will consider the five factors equally when making a decision. The evidence we use for each factor depends on the facts of your case.

(above taken from SW website)

Edit: Just saw Welfarite's post, and the point about a new member of staff is very valid.

Thank you, welfarite and gipimann, it's much appreciated. TBH, I don't know if the clerk was new or maybe filling in - it's just that the people in the waiting room were asking who she was, etc., so I presumed she was new, as it was only my second time in the office.

I had also thought that the habitual residence form was needed for jobseekers benefit because we filled one in then, too. We never applied for supplementary welfare allowance, though, so that must be it, then.

Thanks again.