Leo Varadkar (Dublin West, Fine Gael)
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Question 191: To ask the Minister for Social and Family Affairs if she will change the requirement that a person who has paid PRSI contributions but has lived abroad must do at least once week's work before claiming jobseeker's benefit; if she will explain the purpose of this rule; and if she will make a statement on the matter. [6445/09]

Mary Hanafin (Dún Laoghaire, 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.

The regulations set out the rules as to which State's social security system a person will pay contributions to when 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. The Regulations also set out the rules as to which State will pay benefit in the event of the usual contingencies arising, e.g. unemployment, sickness, old-age etc.

The general rule is that a person is insured in the State in which they are employed. The State of last employment is also generally responsible for paying benefits when, for example, a person becomes unemployed. 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.

In general, an Irish national who has worked in, say, the UK and meets the qualifying conditions for jobseeker's benefit in that country, who then wishes to return to Ireland to seek work, may export and continue to receive that benefit from the UK for up to three months in accordance with EU legislation.

That person would not be entitled to Irish social security benefits, such as jobseeker's benefit, until they become subject to the Irish social security system by re-entering insurable employment here and paying PRSI contributions. In the event of any subsequent period of unemployment they may become entitled to jobseeker's benefit on the basis of their Irish contributions, and any reckonable contributions made under the social insurance system of any other EU Member State. Those who do not qualify for social insurance payments here can apply to have their eligibility for the means-tested jobseeker's allowance assessed.

As a Member State of the European Union, we are bound to apply the regulations governing social security rights of people living and working in the EU, in accordance with the objective of the EC Treaty of the free movement of persons.