Regina Doherty (Meath East, Fine Gael)
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EU social security co-ordination rules are set out in Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the co-ordination of social security systems (and the associated implementing Regulation 987/2009). The Regulations define a frontier worker as meaning “any person pursuing an activity as an employed or self-employed person in a Member State and who resides in another Member State to which he returns as a rule daily or at least once a week”.

The general rules relating to Unemployment Benefit entitlements for frontier workers (both employed and self-employed contributors) are set out in Article 65 of the Regulation. Article 65 provides that wholly unemployed frontier workers are entitled to receive Unemployment Benefits from the Member State of residence, while partially or intermittently unemployed frontier workers are entitled to receive Unemployment Benefits from the Member State of employment.

Article 65a, to which the Deputy referred in the details supplied, provides for a derogation from the rules set out in Article 65 in the case of wholly unemployed frontier workers where there is no Unemployment Benefit cover for self-employed persons in the Member State of residence.

I have been advised that the person referred to by the Deputy has made a claim for jobseeker’s benefit (self-employed) and that this has been awarded and is due to go into payment this Thursday (27 May).

I hope this clarifies the matter for the Deputy.