Dessie Ellis (Dublin North West, Sinn Fein)
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429. To ask the Minister for Social Protection if her attention has been drawn to the fact that the EU Commission has initiated an infringement procedure against Ireland due to its failure to provide carer's allowance to Irish citizens entitled to it who are living elsewhere within the EU; the way this procedure will affect her Departments dealings with a person (details supplied) who had their carer's allowance denied to them when they relocated to Spain and was repeatedly told they had no grounds to claim their entitlements. [27000/13]

Joan Burton (Dublin West, Labour)
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Carer's Allowance is a social assistance payment, made to persons who are providing full time care and attention to elderly people or to people with disabilities and whose income falls below certain limits. The principal conditions for receipt of the allowance are that full time care and attention is required and being provided, and the means test which applies is satisfied. The applicant must also complete the medical component part of the application form in respect of the caree. Habitual residency criteria must also be met.

The EU Commission has recently opened infringement proceedings against my Department concerning the status of carers allowance under EU Regulations. The Commission claims that, for the purposes of the EU regulations on the co-ordination of social security systems, the carer’s allowance is a sickness benefit which should be exported and paid in other EU States. This represents a change of position by the Commission, which previously supported the view that carers allowance is a social assistance payment, which means it is not covered by the EU regulations and not paid to people outside the State. This matter is being raised with the Commission.

As regards the particular case raised by the Deputy, the person in question requested to withdraw from the carer's allowance scheme on 14 of June 2012. Her payment was stopped and this this was confirmed to the person concerned in writing on the 15 of June 2012.