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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8545
Experience:  Barrister 17 years experience
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Good evening !I would like some help / information on the

Customer Question

Good evening !


I would like some help / information on the following situation:


 


I started to work and paying taxes to Ireland in May10. I have 2 children aged 7 and 5 living in Portugal with mother , as I am in Norway (working for an Irish company).


Applied for child benefit (in Oct11 - documents were not received by services) and respective arrears since I started paying taxes in May10. After a Long period of sending /receiving documents, finally my claim was aproved, but only since 01Dec2012, as arrears were not validated (reason is that I should have applied within 12 months of starting working in Ireland) I really need help on this situation , as I'm sending every month around 400-500 eur to support my children and was expecting the arrears to be aproved since I started working (May10).


 


Now I have about 12 days to appeal to the Deciding officer, regarding the arrears, giving a "Good Cause" for it.  


The main reason I have for being late on request , is that I didn't knew that I was entitled to child benefit from Ireland, and even after gathering some information from colleagues, this informations was very contradictory and unclear.



Could you please advise me on what to do?


Thank you so much for your attention Best regards Cid

Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 1 year ago.

Hi,


 


This is an important subject for me, therefore I would like to keep waiting for answer, as quickly as you can.


 


Thanks for assistance


regards


Cid

Expert:  Fran-mod replied 1 year ago.

We will try to find a legal professional for you.

Expert:  Wendy-Mod replied 1 year ago.
Hello again,

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.

Thank you,
Wendy
Customer: replied 1 year ago.

Hello


 


Like I said before , It is Extremelly important for me to have an answer for this problem, and of course as quickly as possible as I have about 4 days to send appealing letter to deciding officer.


 


So I guess i will continue waiting for your answer,


 


Thanks


 


Cid

Expert:  Wendy-Mod replied 1 year ago.
Thank you again for your patience, we will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  Buachaill replied 1 year ago.
1. Dear Cid, at the outset, you need to realise that it is extremely rare that Social WElfare payments, including Child Benefit is back dated in Ireland. Ignorance of the law is not a lawful basis for claiming that you ought to be paid back Child Benefit.
2. HOwever, as against that, you have a good and valid claim that all child benefit should be paid from the date you initially applied in October 2011, as this period ought to be covered, as you should not be at a loss because of either the inadequacy of the postal service or the loss by the Social WElfare services of your application form.
3. However, the fundamental basis for your application from the date of the payment of taxes is that you were contributing to the Exchequer by paying your taxes in accordance with law in Ireland and as a corollary of being a lawful paying taxpayer, you are entitled to be treated in a fair way such that your family rights under Article 41 of the Constitution should be respected, in that your entitlement to Child Benefit should be upheld from the moment you paid taxes in Ireland. Article 41 of the Constitution lays down the fundamental principle that all organs of the State should respect the family and uphold its values in the State. Denying you Child Benefit from the time your paid taxes in Ireland is a violation of the fundamental position of the family under Article 41 and a violation of the principle of fairness laid down in Article 40(3) of the Constitution. It would also infringe against the principle of Equality laid down in Article 40(1) of the Constitution in that your children and you will be treated worse that other similarly situated children in the Constitution.
Please RATE the Answer positively so that I may get paid
Customer: replied 1 year ago.

Dear Mr. Buachaill

 

I really appreciate your answer, and hopefully some allegations I use will be enough for the deciding officer's clarification.

Even knowing that "ignorance of the law" is bot a lawful basis, and that on the Welfare site it's said that " .. The Department publishes information leaflets as widely as possible and advertises changes of legislation in the National Press. Information Offices are available throughout the country for people to make enquiries as to their entitlements..." , I was moving my "entire" life to Norway and never had the chance to go to Ireland or to give that much importance to this matter, as I never thought I would be entitled to (as father , with mother living in Portugal with kids).
Apart from that, In those first months I barely managed to survive in Norway, as it is a really expensive country and I didn't wanted my children to pay for my "difficulties", so every month since the beginning I'm sending 400 euro to Portugal (around 1/3 of my salary)... I wasn't really focused on small details but worried only about putting my life straight here.

Do you think that in such situation, It will have any Importance on the officer's decision if i mention this , or it will just make situation "worse" ?

Thank you very much for your reply, as it made me a bit less "worried" and for sure my feedback will be very good.


Once again, many thanks

Best regards

Cid

Expert:  Buachaill replied 1 year ago.
4. I regret to say that you should not highlight your difficulties in Norway. Essentially, you need to place emphasis on your contacts with Ireland, not with Norway. The greater your connection with Ireland the greater the advantage. It is not in your favour that you are working in Norway, as it is a non-EU country. So please tone down references to Norway. However, there is no harm in mentioning that you suffered financial difficulty in the first few months in making your child maintenance payments which were higher because you were not receiving Child Benefit.
Buachaill, Lawyer
Satisfied Customers: 8545
Experience: Barrister 17 years experience
Buachaill and 4 other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.

I was just emphasysing that I work in Norway , as life costs are much expensive here. But in fact I work in a Irish Company (Ryanair) and all my discounts are for Ireland ( Norway is where I'm based in ).

Thank you so much for these usefull tips and hopefully I don't need your services anymore, but if I do I'll know I'll get good advise.


 


Best regards


Cid


 

Expert:  Buachaill replied 1 year ago.
Best of Luck!

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