Leo Varadkar (Dublin West, Fine Gael)
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Question 324: To ask the Minister for Social and Family Affairs, further to a previous parliamentary question (details supplied), if she will change the regulation which states that a person must pay at least one reckonable class A contribution on return to Ireland from an EU member state in view of the difficulties in finding employment albeit for one week, for people who otherwise have full entitlement to jobseeker's benefit, that is, sufficient contributions; and if she will make a statement on the matter. [7229/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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From 5 January 2009, in order to be entitled to receive Irish jobseekers benefit, a customer will require a minimum of 104 social insurance contributions paid since entry into insurance. In addition, they must have at least 39 contributions paid or credited in the relevant tax year, and at least 13 of these contributions must be paid contributions. For a person applying for Jobseekers Benefit in 2009, the relevant tax year is 2007. The person referred to in the previous parliamentary question does not meet the qualifying conditions for Irish Jobseekers Benefit under national law as they did not have at least 39 paid or credited contributions in Ireland in the relevant tax year. This is because they were employed in the UK at this time, and paying social insurance contributions there.

Because the person concerned was last insurably employed in the UK, and does not have any entitlement at present under Irish domestic legislation, the UK authorities are, under EU Regulations, the competent authority for the payment of Jobseekers Benefit. The person's entitlement to UK Jobseekers Benefit can be decided under UK domestic legislation or under EU Regulations. The latter allows for the aggregation of their Irish and UK contributions to assist in meeting the qualifying conditions. Any application for unemployment benefits should therefore be made to the UK authorities. This can be facilitated either by direct contact with the UK authorities, or through one of my Departments Local Offices. Once a person qualifies for UK Jobseekers Benefit they can arrange under EU Regulations to have the entitlement exported to Ireland.

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. 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. The rules exist to provide clarity as to which state is competent to pay social security benefits, and also to provide an equitable sharing of costs amongst states.