Back dating income support
Under EU Regulations, the Competent Authority that deals with a Family Benefit is determined by the EU State in which the worker pays their Social Insurance.
Accordingly, claims for FIS are only acceptable from workers who are paying their social insurance to the Irish State.
If an applicant has a child living with a former spouse, civil partner or cohabitant, they can claim for FIS in respect of that child provided that the FIS applicant is wholly or mainly maintaining the former spouse, civil partner or cohabitant.
‘ means that the other adult does not have an income in their own right in excess of €100 per week, is not cohabiting and is not in receipt of a social welfare income support payment in their own right.
INTERNAL GUIDELINES FOR THE PROCESSING AND SUPPORT OF CLAIMS INDEX PART 1: ENTITLEMENT Description of scheme Application forms and information leaflet Legislation Administration Main conditions to qualify Qualifying conditions in detail What is Weekly Family Income? If the hours of employment work out at less than 38 each fortnight, the application will be refused. For example if an applicant works 15 hours each week in Dunnes’ Stores and works 5 hours a week as a voluntary counsellor, they will not satisfy the conditions to qualify for FIS as they are only engaged in full-time remunerative employment as an employee for 30 hours each fortnight. Applications can succeed from people who are employees of their own limited company.
Any combination that reaches 38 hours each fortnight is acceptable. In addition, if the applicant has a spouse, civil partner or cohabitant, their hours of employment can be combined to satisfy the 38 hours every fortnight as long as their hours also fulfil the 4 parts of the condition that they are engaged in full-time remunerative employment as an employee. Voluntary employment or unpaid work cannot be used to satisfy the condition of being engaged in full-time remunerative employment as an employee. Employees are employed under a contract of service.
If an applicant is unable or unwilling to provide the latest set of accounts for their form of self-employment, an investigation by a Social Welfare Inspector (SWI) will be required.
These applications are called Renewal applications. Approximately 8 weeks before the expiry of a claim, Renewal application forms are issued to the customer.In your request for backdating, you need to tell us the date you want to have your claim paid from and also the circumstances that prevented you from making your application earlier.This would be for the period between when you want your award of Housing Benefit to start and when you actually make your claim.In the case of an application for a FIS renewal, it is usually based on the average weekly gross earnings in the previous tax year, using a P60.However, under Article 173(2) the Deciding Officer may have regard to other periods if they deem it appropriate.