Written answers

Tuesday, 26 June 2018

Department of Employment Affairs and Social Protection

Social Insurance

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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533. To ask the Minister for Employment Affairs and Social Protection if she will address a matter (details supplied) regarding the A1 application process; and if she will make a statement on the matter. [27738/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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An A1 Portable Document is a certificate issued in respect of an employee to confirm the attachment of that employee to the Social Security system of an EEA Member State. The certificates are important to prevent the duplicate charging of social insurance where employees work across the EEA, they confirm the duration of the attachment period and they confirm the country that is responsible for the payment of certain social security benefits. The turnaround time for processing of applications for A1 certificates is generally set at 4 weeks by my Department. However, properly completed applications that are submitted with the required supporting documentation contribute towards much speedier decisions, so much so that the majority of applications received are decided upon, and issued, within two to three weeks of original receipt.

A number of strict conditions are set out in the EU regulations, all of which must be met before an A1 Portable Document can be issued:

- An employed person wishing to avail of the posting arrangements must already be subject to Irish social security legislation immediately prior to posting. In this regard a minimum period of one month may be considered as satisfying this requirement, with shorter periods requiring a case by case evaluation.

- The employer must ordinarily perform substantial activities, other than purely internal management activities, in the territory of the Member State in which it is established.

- The work shall be regarded as being performed for the employer in the sending State and a continuance of a direct relationship between the worker and the employer that posted him must exist. The nature of such a ‘direct relationship’ requires the employee to verifiably continue to fall under the authority of the employer which posted him/her. A number of elements are taken into such evaluations including the responsibility for recruitment and dismissal, the employment contract, responsibility for remuneration (without prejudice to possible agreements between the employer in the sending State and the undertaking in the State of employment on the payment to the workers) and the authority to determine the nature of the work.

It should be appreciated that all applications for A1 Portable Documents must be thoroughly checked for compliance with the Regulations before a certificate is issued and Ireland is required to make every effort to ensure the integrity of its decisions, as part of the shared responsibility to ensure uniform application of the Regulations across all EEA Member States.

My Department is aware of the complexities of the Regulations for new Companies and my officials are very happy to help you develop an understanding of the rules that apply to the granting of A1 Portable Documents for employers that wish to avail of the posting provisions prescribed in the EU Regulations.

I trust this clarifies the matter for the Deputy.

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