Written answers

Wednesday, 14 September 2011

Department of Social Protection

Social Welfare Code

9:00 pm

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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Question 292: To ask the Minister for Social Protection the recognition the State gives to emigrants forced to work abroad due to the economic situation here; if contributions paid abroad will be recognised here for social welfare purposes on return; and if she will make a statement on the matter. [24018/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The extent to which social insurance contributions made in other countries are taken account of when eligibility for Irish benefits is being considered depends on where the contributions were made and if there are bilateral social security agreements in place.

In relation to EU countries the social security rights of people living and working in these countries are governed by EU Regulations 883/04 and 987/09. 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. These arrangements also extend to EEA countries and Switzerland.

The Regulations set out the rules as to which State's social security system a person will pay contributions to when they move from one Member State to another to take up work, or where they live in one State and work in another. In addition, the legislation also sets 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.

With few exceptions, the State of last employment is responsible for paying benefits when, for example, a person becomes unemployed. The Regulations also provide that when entitlement to benefit is being examined insurance contributions made in any Member State where the person has worked or lived must be aggregated. Accordingly, a person who has worked in any other EU Member State will have any contributions they have made in those countries aggregated with their Irish contributions when claiming benefits here.

Ireland has social security agreements with a number of other countries including Australia, Austria, Canada, Japan, Republic of Korea, New Zealand, the United Kingdom covering the Isle of Man and Channel Islands, and the USA. There is also an agreement with Quebec. These agreements came into effect between 1989 and 2010 and protect the social welfare pension entitlements of Irish people who go to work in these countries and protect workers from those countries who come to work in Ireland. They allow workers to combine periods of Irish social insurance and, where provided for, periods of residence or contributions in the second country when applying for a pension.

Subject to conditions, it is also possible for a person who is posted abroad by their employer to remain attached, for a limited period, to the Irish social welfare system. In such circumstances, PRSI contributions continued to be paid here and the person can qualify for Irish benefits.

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