Written answers

Tuesday, 28 January 2014

Department of Social Protection

Social Welfare Benefits Eligibility

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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120. To ask the Minister for Social Protection in view of the recent announcement by the British Prime Minister to introduce changes to UK welfare rules for inward migrants into the UK, if she has examined the proposals; her plans to introduce changes to rules governing the payments of benefits; and if she will make a statement on the matter. [3517/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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As I informed the Deputy on 10 December 2013, the free movement of workers and other citizens of the Union is a fundamental right granted by the EU Treaties and one which can bring benefits, economic and otherwise, to the individual and to the EU as a whole. Accordingly, it is something to be facilitated and encouraged. However, we must also ensure that the right of free movement is used for the right motives and is not abused through unjustified claiming of benefits.

The UK recently announced a series of measures in relation to the welfare entitlements of EU migrants. These include a ban on EU migrants receiving out-of-work benefits for the first three months of residence and restrictions on the claiming of jobseeker's allowance for more than six months, unless a person can prove that they have made serious efforts to secure employment and that they have a genuine prospect of securing work. In relation to the former, under the EU Residence Directive, all Member States already have the right to refuse support under their social assistance systems to certain migrants for the first 3 months of residence.

Access to social assistance payments in Ireland is subject to the habitual residence condition. Accordingly, those receiving such payments are deemed to have established their centre of interest in Ireland and to have significant contacts with the country. As well as satisfying habitual residence conditions a person claiming jobseeker’s allowance must, inter alia, be available for and genuinely seeking full-time employment. Any person who does not satisfy these conditions will not receive a jobseeker’s allowance payment.

I am satisfied that the provisions of the Irish welfare system, and EU regulations in this area, are being used to the fullest extent possible to deter unjustifiable claiming of benefits in this country. I am not proposing any change in practice here at present but I will continue to monitor developments here and in the UK and other countries, with a view to establishing potential implications and learning for this jurisdiction.

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