Marian Harkin (Sligo-Leitrim, Independent)
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Question 409: To ask the Minister for Social and Family Affairs if the Irish State is responsible for paying sick benefit to non-Irish EU citizens working in Ireland, who due to illness are unable to continue working and must return home; if this is an ongoing situation; and if he will make a statement on the matter. [31094/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The social security rights of people living and working in the EU are governed by EU Regulations 1408/71 and 574/72. The Regulations co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work. This is achieved primarily by setting out rules as to which State's social security system a person will pay contributions to when, for example, s/he moves from one Member State to another to take up work or where s/he lives in one State and works another. In addition, the Regulations also set out rules as to which State will pay benefit in the event of the usual contingencies arising, sickness, unemployment, old-age etc.

The general rule is that a person is insured in the State in which s/he works. Equally, the state of employment has, in general, responsibility for paying benefits when, for example, a person becomes ill. The Regulations also provide that when entitlement to benefit is being examined account must be taken of insurance paid in any other Member State where the person worked.

As a general rule, a person who has worked in Ireland and who meets the qualifying conditions for Illness Benefit may continue to receive that benefit in accordance with Irish legislation regardless of which Member State the person is residing or staying in.