Arthur Spring (Kerry North-West Limerick, Labour)
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331. To ask the Minister for Health in respect of qualification for a medical card under the EU scheme, whether a person is considered subject to Irish social security legislation if that person's partner or spouse is in receipt of a contributory Irish social welfare payment or is engaged in work here and subject to PRSI. [36631/14]

Leo Varadkar (Dublin West, Fine Gael)
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Regulation (EC) 883/2004 deals with the coordination of social security, including health care, for those moving within the European Union. Under its provisions, persons residing in Ireland who are attached to the social security system of another member state, are entitled to receive health care services in Ireland at the cost of that member state provided they are not subject to Irish social security legislation. Persons in this category are entitled to full eligibility and receive a medical card as evidence of their entitlement.

The Health Service Executive operates under the legislative framework of the Health Act of 1970, as subsequently amended. In the interest of probity, the HSE is obliged to ensure that a person’s eligibility is correctly recorded in line with the eligibility legislation and the national guidelines. The HSE aims to ensure that every person who is entitled to a medical card or a GP visit card is given the opportunity to avail of his or her entitlement.

In assessing an application under the EU Regulations the HSE will establish if the person is subject to Irish social security legislation. A person is considered subject to Irish social security legislation if s/he is in receipt of a contributory Irish social welfare payment or engaged in work in Ireland and subject to PRSI. If so, the person will not qualify for a medical card under EU legislation, but may qualify for a means-tested medical card under national legislation.

The person applying for the medical card under the EU Regulations may do so in respect of themselves alone if they consider they meet the above requirements even where their partner/spouse is in receipt of a contributory Irish social welfare payment or engaged in work here and subject to PRSI.