Written answers

Tuesday, 29 March 2011

Department of Social Protection

Social Welfare Benefits

10:00 pm

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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Question 120: To ask the Minister for Social Protection when jobseeker's allowance will issue in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [5724/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The person concerned is currently in receipt of jobseeker's allowance at the weekly rate of €73.80. This is the maximum rate payable in his case. His spouse is currently in receipt of illness benefit and where one member of a couple is claiming jobseeker's allowance and the other is in receipt of illness benefit, their combined payments cannot exceed the amount which would be payable if only one person made a claim.

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 121: To ask the Minister for Social Protection the position regarding child benefit in respect of a person (details supplied); and if she will make a statement on the matter. [5746/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The social security rights of people moving around the EU are governed by EU Regulations 883/2004 and 987/2009. These regulations, which have been in existence in one form or another since 1959, are designed to co-ordinate the social security systems of the various member states so that people and their families are not disadvantaged when they move within the EU. A key principle of the co-ordination system is that persons moving to different member states are subject to the same obligations and enjoy the same benefits as the nationals of those member states. With few exceptions, it is the country of employment which receives the social security contributions and which is generally responsible for the payment of benefits.

Irish child benefit is classed as a family benefit and there are specific rules governing the payment of these benefits. EU nationals who come to work in Ireland, and who pay Irish social security contributions, are entitled to receive child benefit in respect of their families, even if the family resides in another EU member state. The equality provisions of the regulations require that these payments are made at the same rates applicable to a person whose family is resident in Ireland. These provisions are seen as important in an EU context for the role they play in encouraging and facilitating the free movement of EU citizens.

As stipulated in the programme for Government it is intended to raise the issue of child benefit in respect of non-resident children at EU level, and seek to have the entitlement modified to reflect the cost of living where a child is resident. This is a major departure from the current rules and so it is something which must be approached in a cautious and sensitive manner.

The normal procedure for amending EU legislation is that a formal proposal is put forward by the EU Commission and this is then discussed and refined at various working parties and groups before being approved by a Council of Ministers. The proposal is then considered by the European Parliament in consultation with the Council. In order to make progress on the commitment in the programme for Government it will be necessary to enlist the support of other countries and the EU Commission. I am at present considering the best way of initiating this process.

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