Joan Burton (Dublin West, Labour)

I propose to take Questions Nos. 27 and 44 together.

The social security rights of people moving around the EU are governed by EU regulations 883/2004 and 987/2009. These have been in existence in one form or another since 1959 and are designed to co-ordinate the social security systems of the various member states so that people and their families are not disadvantaged when they move within the EU.

A key principle of the co-ordination system is that persons moving to different member states are subject to the same obligations and enjoy the same benefits as the nationals of those member states. With few exceptions, it is the country of employment which receives the social security contributions and which is generally responsible for the payment of benefits.

Irish child benefit is classed as a family benefit with specific rules governing the payment of such benefits. EU nationals who come to work in Ireland, and who pay Irish social security contributions, are entitled to receive child benefit in respect of their families, even if the family resides in another EU member state. The equality provisions of the regulations require these payments are made at the same rates applicable to a person whose family is resident in Ireland. These provisions are seen as important in an EU context for the role they play in encouraging and facilitating the free movement of EU citizens.

As stipulated in the programme for Government, the Government intends to raise the issue of child benefit in respect of non-resident children at EU level and seek to have the entitlement modified to reflect the cost of living where a child is resident. This is a major departure from the current rules and must be approached in a cautious and sensitive manner.

The normal procedure for amending EU legislation is that a formal proposal be put forward by the European Commission which is then discussed and refined at various working parties and groups before being approved by a Council of Ministers. The proposal is then considered by the European Parliament in consultation with the Council. To make progress on the commitment in the programme for Government, it will be necessary to enlist the support of other countries and the European Commission. I am considering the best way of initiating this process.

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