Fergus O'Dowd (Louth, Fine Gael)
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Question 500: To ask the Minister for Social and Family Affairs if there is provision for EU accession country citizens who are injured or disabled while working here; and if he will make a statement on the matter. [33902/06]

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 which apply once a country becomes a Member State of the European Union. The social security entitlements of citizens from accession countries i.e prior to full membership would fall to be determined under Irish legislation alone.

The EU Regulations co-ordinate the social security systems of the 25 Member States 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 the social security system to which a person will pay contributions 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 in another. In addition, the Regulations set out rules as to which State will pay benefit in the event of the contingencies arising, e.g. 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 injured or ill. The Regulations also provide that, when entitlement to benefit is being determined, account must be taken of insurance contributions paid in any other Member State where the person worked.

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