Written answers

Tuesday, 4 December 2012

Department of Social Protection

Child Benefit Eligibility

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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To ask the Minister for Social Protection if her Department has reviewed arrangements for payment of child benefit in the other European Union member states; if so, the rule that apply to Irish citizens with children living in those EU member states; the way they compare to our approach in a reverse situation; and if she will make a statement on the matter. [53810/12]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The social security rights of people in a cross-border situation in the EU are governed by EU regulations which 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 rules are the same for all Member States of the European Union. For the purposes of the EU regulations, Irish child benefit is classified as a family benefit and there are specific rules governing the payment of these benefits. Generally speaking, the country of employment is primarily responsible for payment of family benefits. Accordingly, EU nationals, including Irish citizens, who work in Ireland, but whose families reside in another EU Member State may have an entitlement to family benefits in Ireland under the EU regulations.

Before payment is made in respect of children resident in other EU countries it is necessary to contact the authorities in the country of residence of the children to confirm details and establish what, if any, family benefits are payable in the home country under their domestic legislation, as this will impact on any entitlement under the Irish system. Similarly, where the family is resident here and the person is working in another EU State that country will contact Ireland to determine any entitlements under the Irish system. Appropriate adjustments are made to both entitlements in accordance with the EU Regulations.

The EU Commission attaches great importance to the system of coordinating social security for the role it plays in encouraging and facilitating free movement of people across the Union. In line with a commitment in the Programme for Government, the question of reviewing the arrangements for child benefit has been raised with the EU Commissioner responsible for this area. He has indicated that he would not support such a move, as it could be seen as discriminating against migrant workers and would not be in line with judgements of the Court of Justice of the European Union in this area.

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