Catherine Murphy (Kildare North, Social Democrats)
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272. To ask the Minister for Employment Affairs and Social Protection if the spouse of a person who is in receipt of a State pension from another country in the European Union is the subject of means testing if they are in receipt of a social protection payment or State pension here; if her Department is subject to EU policy and or rules on same; and if she will make a statement on the matter. [6485/18]

Regina Doherty (Meath East, Fine Gael)
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The treatment of pensions from other EU Member States is covered by the EU rules on the coordination of social security systems. It provides that where, under the legislation of the competent Member State, the receipt of social security benefits and other income has certain legal effects, the relevant provisions of that legislation shall also apply to the receipt of equivalent benefits acquired under the legislation of another Member State or to income acquired in another Member State.

Therefore EU social security co-ordinating legislation in relation to contributory benefits/pensions entitlement provides for the application of national legislation rules in the processing of applications, for example the means testing of a dependent spouse, civil partner or cohabitant for qualified adult increases.

Where a spouse’s Irish social protection payment is an insurance-based payment such as the Irish state pension (contributory), then any other income they may receive from any source does not affect their rate of entitlement.

However, if the spouse is a beneficiary of Increase for qualified adult or another means-tested social assistance payment, then foreign pensions would be subject to the means test of the scheme. Irish social assistance schemes, such as the state pension (non-contributory) are subject to a joint means test.

I hope this clarifies the matter for the Deputy.