Carers Allowance & EU treaty right

daddy · Post by **daddy** » Thu Sep 19, 2013 4:00 pm

Would an EU citizen who receives carers allowance for careering for a disabled daughter and pays tax be regarded as exercising treaty right?

daddy · Post by **daddy** » Fri Sep 20, 2013 11:58 am

Please, could someone share idea here.
Thanks.

daddy · Post by **daddy** » Sat Sep 21, 2013 1:27 pm

It seems that no one wants to contribute in this issue. Sad!

Latintraveller · Post by **Latintraveller** » Sat Sep 21, 2013 3:14 pm

I think that many people do want to contribute but like me do not feel knowledgeable enough to answer.

All the best!

daddy · Post by **daddy** » Sat Sep 21, 2013 5:16 pm

Latintraveller wrote:I think that many people do want to contribute but like me do not feel knowledgeable enough to answer.

All the best!

Thanks for your concern.

jeupsy · Post by **jeupsy** » Sat Sep 21, 2013 8:41 pm

I a not 100% sure either. If the tax you are paying is income tax (ie you are working) I would say yes you probably are exercising treaty rights.
If it is property tax or capital gain tax; probably not through being a migrant worker but possibly through being self sufficient.

If you want a definite answer, from the source, you can email eutreatyrights@justice.ie (and feel free to post their answer here as it can be helpful for someone else in the same situation)

daddy · Post by **daddy** » Mon Sep 23, 2013 1:12 pm

When a carer's allowance is paid, the recipient must pay TAX on the amount of money received. So it is classed as an income.

nice and smooth · Post by **nice and smooth** » Mon Sep 23, 2013 3:49 pm

daddy wrote:When a carer's allowance is paid, the recipient must pay TAX on the amount of money received. So it is classed as an income.

Thanks for the update!

nice and smooth · Post by **nice and smooth** » Mon Sep 23, 2013 3:49 pm

daddy wrote:When a carer's allowance is paid, the recipient must pay TAX on the amount of money received. So it is classed as an income.

Thanks for the update!

Brigid from Ireland · Post by **Brigid from Ireland** » Mon Sep 23, 2013 3:53 pm

You should apply and if your application is refused you can appeal.

It will depend on some things. Firstly, if the person getting carers allowance is employed or self employed part time then they can apply on that basis. Those in receipt of carers can work 15 hours per week, but must tell social welfare, so employment or self employment is a route that works in this case.

If they are not working then the question is did they work before getting the carers allowance? If yes they may (or may not) still hold migrant worker rights, as they may retain those rights due to have become unemployed through no fault of their own. So if you are applying and have worked before getting carers allowance the important point is that you HAD migrant worker rights and RETAIN these due to involuntary unemployment. This may not succeed but it has a 50/50 chance of success.

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Carers Allowance & EU treaty right

Carers Allowance & EU treaty right