Jim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 100: To ask the Minister for Social and Family Affairs the measures in place to ensure that those from Northern Ireland who are now resident here are being adequately provided for within our social welfare system and if, in the spirit of cross-Border co-operation, special arrangements should be in place for them [15365/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context

Persons who have moved from another EU Member State (including Northern Ireland or other parts of the UK) and who been employed since arrival in this State are protected by the EU Regulations on social security for migrant workers. Where necessary, contributions paid under the social security provisions in their previous State can be aggregated with Irish PRSI contributions to provide entitlement to benefit payments. The EU Regulations also prescribe conditions under which such a person who becomes involuntarily unemployed may access supplementary welfare allowance if there is no entitlement to a benefit payment, or while waiting a decision on an application for benefit. If a person has not worked since arrival in this State, the EU Regulations do not apply.

The habitual residence condition applies to all claimants for certain social assistance payments and child benefit. The EU non-discrimination rules prevent a Member State introducing legal provisions or administrative practices that grant advantages to their own nationals or any other group of EU citizens that are not commonly available to all EU citizens.

Decisions concerning habitual residence are subject to five factors which are incorporated into social welfare legislation. The five factors are: (a) the length and continuity of residence in the State or in any other particular country; (b) the length and purpose of any absence from the State; (c) the nature and pattern of the person's employment; (d) the person's main centre of interest, and (e) the future intentions of the person concerned as they appear from all the circumstances.

Given the freedom of movement within the Common Travel Area, periods of residence in Northern Ireland will be taken into account in considering the first of these factors, especially where such residence was immediately prior to the person moving to live in Ireland. Also, for practical reasons a person who has been residing in Northern Ireland may be able to move permanent residence to this State more easily than people coming from other countries. Such factual considerations may be taken into account in determining whether the habitual residence condition is satisfied or not in each particular case without any conflict with the non-discrimination provisions.

Where a person has established their habitual residence here, the full range of social assistance supports is available to him or her.