Joe Costello (Dublin Central, Labour)
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Question 203: To ask the Minister for Justice, Equality and Law Reform if he will clarify the status of Romanian and Bulgarian citizens who come to Ireland and their entitlements regarding social welfare and the right to work; and if he will make a statement on the matter. [28815/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Bulgarian and Romanian nationals are citizens of the EU and like all EU citizens they have the right to move to and reside in Ireland. The immigration law which applies to all EU citizens moving to Ireland is set out in the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (SI No. 656 of 2006).

Nationals of Bulgaria or Romania working legally in Ireland will be covered by the Irish social insurance (PRSI) system and may qualify for Irish social insurance benefits such as illness or jobseeker's benefits provided they meet the relevant qualifying criteria. EU Regulation 1408/71 provides for the aggregation of contributions paid in other Member States with those paid in Ireland should the claimant have insufficient social insurance contributions made in Ireland alone. They may also qualify for family benefits (e.g. Child Benefit and Early Childcare Supplement) on the basis of their employment status here in respect of their non-resident children (if any).

Bulgarian and Romanian nationals who do not have the relevant work permit and consequently do not have access to the labour market may qualify for certain means-tested social assistance payments provided they satisfy the Habitual Residence Conditions. Arising from the previous Government's decision of 24 October 2006, Bulgarian and Romanian nationals require work permits in order to work in Ireland unless they are otherwise exempt from that rule.