asked the Minister for Social Welfare if he is aware that eligibility, which existed by virtue of the reciprocal arrangements between this country and the United Kingdom, to treatment benefit under the Social Welfare Acts has been withdrawn from a considerable number of person since the implementation by his Department of EEC Regulations 1408/71 and 574/72 and that these persons can no longer obtain optical or dental treatment from their customary practitioners unless they bear the full cost themselves; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Treatment Benefit Eligibility.
32.
Reciprocal agreements which existed between this country and the United Kingdom made no provision for treatment benefit. The Social Welfare (Treatment Benefit) Regulations provide that contributions paid and credited under the United Kingdom national insurance scheme may be taken into account for the purpose of satisfying the contribution conditions if, following arrival in this country, the person has taken up employment which is insurable under the Social Welfare Acts, or if United Kingdom insurance had already been taken into account for the purpose of disability or maternity benefits. There has been no change in this position.
Prior to the implementation of the EEC regulations in April, 1973, a number of persons were, by virtue of reciprocal agreements between this country and the United Kingdom, being paid disability benefit by my Department. From that date, however liability for continuing payment to those persons, whose last employment was in the United Kingdom, reverted to that country in accordance with the provisions of the EEC regulations. Before such persons could again satisfy the contribution conditions for treatment benefit under the Social Welfare Acts they would have to take up insurable employment in this country.
The question referred to treatment. I take it that what Deputy Haughey had in mind is that the stamps could be aggregated for the purpose of qualifying provided the person had worked for a certain number of days here before applying for treatment. Has that arrangement been changed?
I am sorry Deputy Haughey is not here because we cannot be quite sure what he has in mind. I answered the question as he had it down.
I am well aware of the reciprocal arrangements in relation to treatment.
I am not casting any doubt on that at all.
They only extended to what the Minister has covered in his reply, cases where the contributions under social insurance in both countries could be aggregated or, in one country for that matter, provided the person worked here for a time after returning. Does that arrangement still stand or is it superseded by an EEC regulation which has recently come into force?
I do not want to be too summary in my reply. As the Deputy is aware, I am not fully familiar with all the circumstances and I might be guilty of over-simplification. I understand that the position is as follows:
Treatment benefits are available under the Social Welfare Acts to persons who satisfy the following contribution conditions: (a) that not less than 156 contributions have been paid on the person's behalf, and (b) that not less than 26 contributions be paid or credited in the governing contribution year. Where the applicant is under 21 years of age the payment of 26 contributions under the Social Welfare Acts is sufficient to give title. The Social Welfare (Treatment Benefit) Regulations, 1954, as amended, provide that contributions paid and credited under the British scheme may be taken into account for the purpose of satisfying the above conditions if, following arrival in this country, the person has taken up employment which is insurable under the Social Welfare Acts, or if the British insurance had already been taken into account for the purpose of disability or maternity benefits.
It was by virtue of those regulations that, prior to April, 1973, the date of the coming into effect of the EEC regulations, persons with a history of employment in the United Kingdom who had insufficient contributions under the Irish Acts to qualify, were enabled to have their contributions under the British Acts taken into account.
Prior to the implementation of EEC regulations in April, 1973, a number of persons were being paid disability benefit by this Department. From that date, however, liability for continuing payment to such of those persons whose last employment was in the United Kingdom, reverted to that country. Person in that category who have not since taken up insurable employment in this country could not at present qualify for treatment benefit under the Social Welfare Acts as the condition requiring that not less than 26 contributions be paid or credited in the governing contribution year could not be satisfied.
The EEC regulations provide that a worker residing in a member State other than the competent State is entitled to benefits in kind provided on behalf of the competent State by the institution of the place of residence in accordance with the legislation administered by that institution. They also provide that the costs of these benefits shall be refunded by the competent State.
Under the regulations the health boards are the institutions responsible for providing these benefits in Ireland. Those persons concerned may, accordingly, apply for dental and optical benefits to the health boards concerned.
In actual fact a person who qualified for treatment prior to April, 1973, may not qualify now.
I have given the Deputy all the information in my possession.
We cannot see the wood for the trees.