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EU dependent parent and pension/medical

Forum to discuss all things Blarney | Ireland immigration

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jinkazama_11
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Posts: 314
Joined: Fri Dec 03, 2010 7:22 pm

EU dependent parent and pension/medical

Post by jinkazama_11 » Mon Jan 06, 2014 8:31 pm

Hi
Can my mother claim/apply for the following once she receives Stamp 4 EUFAM (dependent family member of EU citizen). I have checked the guidance and can't find anything. Because of SS changes we may stay in Ireland for next 5 years. Is this going to affect her permanent residence and citizenship application after 5 year?

Long Term Illness Book - I am paying €144 at the moment for her medication.
Free Travel Pass - Will save her some travel costs
State Pension (Non-Contributory) - As she is over 66 is it possible to claim this?
Medical Card

Thanks

Brigid from Ireland
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Re: EU dependent parent and pension/medical

Post by Brigid from Ireland » Tue Jan 07, 2014 3:01 pm

You do ask intersting questions. I am giving my opinion only, the decision is yours and hers. The first point to remember is that for all of these she must state that it is her intention to remain in Ireland on a permanent basis, becuase if she says anything else she greatly reduces her chances of success.

Free travel - available to all permanent residents age over 66 (so she must say she is here permanently). The point at issue here is does she travel alone or do you always accompany her? There is a free travel pass (available if she is capable of travelling alone) and there is a companion free travel pass (available if she is not capable of travelling alone, this covers the cost of travel for her and for one companion to look after her). The thing is that if she has a companion free travel pass the bus/train driver can refuse to give her a ticket if she is alone (as the companion free travel is only given to someone who is incapable of travelling alone). The bus drivers mostly do give the ticket for travelling alone, but I think a recent change in technology is going to alter this. So if she mostly travels on her own she should just look for free travel, but if you always travel with her then she can look for companion free travel.

Long term illness book - I think she is entitled to this. She can apply now, there is no need to wait for the stamp.

These two above can be defended on the basis that they are universal benefits, available to all EU citizens and their dependent family members. The problem is with the other two, particularly the state pension. You have claimed her right to reside here on the basis that she is your dependent, and they may refuse the state pension on this basis. If you really need the money she can claim, but there is a strong chance it would cause problems with her right to reside, so if the right to reside is critically important to you, and I think it is, then I would be reluctant to apply for this, particularly at the beginning of her stay here. It is possible to apply for the state pension, but it may not be wise, so it is a matter for your judgement.

Medical card - I would do a direct debit of 100 euro per week exactly from your account to hers, as proof that you maintain her. It is costing you this amount anyway to provide for her, but there is a need for paperwork to show that you have allocated this amount for her care and expenses, as proof that she is your dependent. This then becomes her income for medical card application purposes, so I would have the direct debit set up for about two months before I would apply for the medical card, and then I would apply. She will need proof of income in the form of this paperwork, so if there is no proof of income from you there is no point in applying. Note that at least 80 euro should be taken out of the account every week, to show that she is spending the money on groceries and stuff like that. So it can be the account you use to buy groceries/medicines for her at 144per month, you can have the card for it and you can use the card to pay for the weekly shop/medicines, if that make sense. The idea is to create paperwork to show that she has a small income from you (it must be 100 euro as that is the amount payable to a poor 18 year old and you can argue that 100 is sufficient to live on, as you provide extras in the same way that a parent provides extra for a child of 18 years). Note that you will need to continue paying health insurance for her even if she gets the medical card, as payment of health insurance is one of the requirements for her to be allowed to stay in Ireland,and if she does apply for citizenshp they will ask for the proof of health insurance for the full length of time she has been in Ireland. The medical card is a big advantage, as it means no cost for GP, medicines for 2.50 per item, and there are many other benefits for those who need old age help that are only available if you have a medical card. I think you can defend the medical card as being ok for citizenship much more easily than you can defend the state pension, and if she can show the income from you as means she will get it (probably on appeal, not on first try). The medical card is critcal for many old people, and it is easy to defend on the grounds that it provides access to services that you cannot purchase, and which are needed for an old person.

I would personally be very reluctant to apply for the state pension, but the others seem ok.

One final point is that if your mother needs care, then a family member (if living here and works/studys less than 15 hours per week) could apply for the respite care grant, as her carer (this is usually for the housewife daughter in law, if the son is working). If their family income is low they can apply for the carers benefit/allowance on the grounds of providing care for her. So a child of 16 years or over can get the carers allowance for minding grannie, your wife/you would be means tested on your income and might fail the means test, but the grandchild usually has no income.
BL

jinkazama_11
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Posts: 314
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Re: EU dependent parent and pension/medical

Post by jinkazama_11 » Tue Jan 07, 2014 8:24 pm

Brigid - Thanks a lot for your detailed answers, much appreciated.
Permanent Residence - Because Residence Card is valid for 5 years they can say she is not permanent resident. Well our intention was to stay in Ireland for 6 months and then go back to UK. But because of SS changes I am thinking is it wise to waste 2-3 years and money in UK courts?
Well the whole reason for staying in Ireland is to get her PR and eventually citizenship. I will be reluctant to apply for these if it will cause any issues in the future with her citizenship application.
For the purpose of PR and citizenship application what is the maximum time allowed out of country in 5 years qualifying period.

Thanks again for your very useful answers.

Brigid from Ireland
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Re: EU dependent parent and pension/medical

Post by Brigid from Ireland » Tue Jan 07, 2014 11:14 pm

Language issue - when i said permanent residence I was not referring to a permanent right to reside. I mean that she must not indicate an intention to stay for a set period of time only ie she must not say 'I am staying in Ireland 6 months/5 years/10 years', I mean she must say that it is her intention to stay in Ireland permanently. The fact that she may have the right to reside for 5 years only is not relevant, as this permission to reside can obviously be extended at the end of the 5 years. So if she says that she intends to stay in Ireland on a permanent basis then her opinion on the matter is what counts, not the length of time permitted on a Residence Card, and I think she will get the free travel.

I genuinely see no problem with free travel or long term illness card (the long term illness card is no different to the Drugs Payment Scheme card, it is much the same system), but it is your decision. If you think about free travel, it costs the state nothing, because the bus/train travels anyway, even if it is empty, so this is given to old people to encourage them to be active, as being active usually means better health and fewer stays in hospital, so it can save money in the long run.

In my view it is not wise to apply for the state pension non con, as this is definitely public funds. The medical card is more of a grey area, and it depends on how much you need it, the problem with her health insurance is that it will not cover pre-existing conditions, so even with health insurance she can have big costs if she goes to hospital, so for that reason I think the medical card needs careful consideration. However the HSE understands that if she has no money she cannot pay hospital bill, so maybe it does not matter anyway.

The payment of a direct debit from you to her bank account as proof that you support her, in the amount of 100 euro per week, is recommended anyway, even if she does not want medical card or pension, as public servants like paperwork, and this shows that you are fulfilling your stated intention to support her. Also if you pay this amount every week, and she clearly spends it, then after she gets citizenship she can show that this is her income and at that stage the evidence of this income will be useful to her if she needs things like nursing care or hospital care. (If someone goes into hospital here they are allowed to keep 35 euro per week of their income for personal items like shower gel/clothes, the rest is payable to the nursing home, so in the event she needed nursing home care and you had proof of income of 100 euro per week, then she keeps 35, nursing home gets the rest). This makes it easier than saying that you are responsible for all costs, as the average salary of a son could not pay nursing home fees of 800 euro per week. Therefore defining her income with paperwork has many advantages for the future.

I do not know the maximum time allowed out of the country for citizenship, but for state pension non con it would be about two weeks per year, so if she intends to be out of the country for longer than that the state pension is not possible anyway. I think time out of the country will cause problems with citizenship. I also think she needs to create paperwork/evidence as proof of being in the country. If you think about it, it is obvious that a working person is in the country, as their employer gives payslips as proof of being in work. It is obvious that a young mother is in Ireland, as she is usually the person getting children to school every day, so people in these categories have obvious proof of being in Ireland. An old person needs to be seen to use their bank account to pay for groceries, or they need to go to the doctor so that the doctor can honestly say he has seen them 4/6 times a year, or they need to go to religious services so that a religious leader can say they attend regularly or they need to join a local club of some sort and attend regularly, as proof of being in Ireland. The type of absence and the length of it would count - a three day weekend visit to the UK to shop/see grandchildren is not relevant as an absence, but a three month stay in UK/India is very relevant. If she needs necessary medical treatment abroad this might be permitted but could complicate citizenship, so best to stay in Ireland if she can do so.

Funnily enough, I think that she might be eligible for a European Health Insurance Card from Ireland once she has her stamp 4, to be used in the event that for example she was visiting her grandchildren in the UK. She might as well apply for one, but I think only after she has her stamp 4.
BL

jinkazama_11
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Re: EU dependent parent and pension/medical

Post by jinkazama_11 » Wed Jan 08, 2014 9:01 pm

Thanks for your detailed reply, very useful.
Thanks for guiding me in right direction. I have set up a direct debit of 75 euro per week to her account. Some of the money is withdrawn from her account every week mainly for shopping. I will change health insurance direct debit to her account and pay for doctors form her account as well. If she gets the long term illness book her expenditures ll drop as i wont be paying 144 euros every month for her medications. Do you think i should still increase the amount to 100 euros per week.
Thanks for your ideas re collecting the proof of residence e.g., doctors, club, religious service and etc.
Isn't European Health Insurance Card from Ireland is for Irish nationals.
Your replies are always very useful.

Brigid from Ireland
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Re: EU dependent parent and pension/medical

Post by Brigid from Ireland » Wed Jan 08, 2014 10:22 pm

Yes, I think you should increase the direct debit to 100 euro per week (or if it has fewer bank fees, to 400 euro per month, which is the same amount, but if you are charged a fee for every debit then the fee is reduced by monthly payment). The figure of 100/week or 400/month is not chosen at random. It is the amount that the state currently pays as jobseekers allowance to an unemployed 18 year old who comes from a poor family. I picked this figure because you can say that if it is sufficient for an 18 year old living in free accommodation provided by parents, it is a sufficient minimum income for an older lady living in free accommodation provided by son. You cannot defend 75/week by reference to state policy on social welfare payments, so it is too low a figure, but you can defend 100/week on the basis I have outlined. Yes, the 144/month for medicine should come from her acccount, as should her health insurance, and then as you say she can withdraw some money once a week/fortnight or month to show that she has taken out money to buy groceries. So you will have paperwork to show the amount you provide as support, and it is a reasonable amount taking into account both state policy and also your obligation to support yourself/wife/children also.

The European Health Insurace Card is for those who are entitled to health care from Ireland, and it would include for example a Polish or UK citizen who has been living and working here for some time. The length of time required is not clearly defined, but if you think about it Poland could not be expected to remain forever responsbile for the health costs of a Polish citizen who works and pays tax in Ireland. So you could apply for an Irish EHIC card, on the basis that you work here and if you get it then mum could apply, on the basis that she is your dependent and is resident here. I am not sure if she would get it, but it would be interesting to see the result of her application. I think she should not apply for EHIC until she has stamp 4 or similar stamp, but after that she could apply.
BL

jinkazama_11
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Posts: 314
Joined: Fri Dec 03, 2010 7:22 pm

Re: EU dependent parent and pension/medical

Post by jinkazama_11 » Wed Jan 08, 2014 10:35 pm

i ll change the amount to 100 euros as it does make sense. thanks for answering my questions. much appreciated.

Brigid from Ireland
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Re: EU dependent parent and pension/medical

Post by Brigid from Ireland » Wed Jan 08, 2014 10:40 pm

No bother, good luck with it all. You will be spending 100/week anyway, between the cost of medicine, doctor, health insurance and food, but by making a formal transfer of this amount you create the paperwork to show that your support is limited to this amount, and that could be useful if mum needed nursing home or hospital care, as I would imagine she has no funds other than what you give her, and by giving a set amount you are saying this is what you can pay each week for her costs.
BL

jinkazama_11
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Posts: 314
Joined: Fri Dec 03, 2010 7:22 pm

Re: EU dependent parent and pension/medical

Post by jinkazama_11 » Sat Jan 11, 2014 9:49 am

Me and my mum will be travelling to UK every fortnight for weekends, hopefully this will be ok in terms of her Irish citizenship.
She got UK visitors visa valid for another 4 years. I presume its ok for her to travel on her visitor visa rather than getting EEA Family permit?
Thanks

Brigid from Ireland
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Re: EU dependent parent and pension/medical

Post by Brigid from Ireland » Wed Jan 15, 2014 10:10 pm

Not sure of answer to that particular question.
BL

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