Marian Harkin (Sligo-Leitrim, Independent)
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Question 237: To ask the Minister for Social and Family Affairs the options which are available to a person (details supplied) in County Donegal to ensure persons are not discriminated against when in receipt of disability in Northern Ireland and living in the Republic. [39487/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The EU rules on the co-ordination of social security schemes are contained in Regulation (EEC) No. 1408/71 and its implementing Regulation (EEC) No. 574/72. The EU rules on the co-ordination of social security schemes are binding in nature and ensure that people who have worked in a number of member states do not lose entitlement to benefits because they have exercised their right of movement within the EU. Under these rules, sickness benefits are paid according to the legislation of the member state where a person had last been in insurable employment, even if the person resides in a different member state.

I understand that the Deputy is referring to the circumstances of a person who is in receipt of sickness benefit from Northern Ireland and has as a result not been awarded invalidity pension. The award of invalidity pension is co-ordinated under the sickness benefit regulations. It is open to a person living in the State, who is in receipt of sickness benefit from the Department of Social Development in Northern Ireland, to apply for the social assistance based disability allowance as they may be entitled to a partial payment, subject to a means test and qualification on medical grounds. If awarded a partial payment of disability allowance, they may be entitled to additional benefits, for example, the household benefits package, free fuel scheme and so forth, again subject to certain conditions. I understand that the person concerned has been issued with a claim form for disability allowance from my Department.

If a person is in receipt of sickness benefit from Northern Ireland and living in the State in excess of 12 months, this payment will be recognised as an equivalent payment to the invalidity pension and may entitle them to the extra benefits as referred to above, subject to fulfilling the qualifying conditions. The individual may wish in due course to explore this avenue with my Department.