Ireland Habitual Residence Condition Challenge Letter (SWCA 2005 s.246 + SI 412/2007)
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Your Situation
Tell us about the payment that was refused, the date on the refusal letter, and your residence status.
This letter will cite
Social Welfare Consolidation Act 2005, Section 246 + SI 412/2007, Regulation 4 + Swaddling v Adjudication Officer (Case C-90/97)
Your letter will apply the five-factor balancing test set out in Irish statute and EU case law, and will be lodged as a formal appeal to the Social Welfare Appeals Office within the 21-day window under SWCA 2005 s.311.
Copy the exact wording from the refusal letter where possible. This is the ground we will rebut.