Written Answers. - Unemployment Benefit.
Richard Bruton
Question:
370
Mr. R. Bruton
asked the
Minister for Social Welfare
whether the requirement of obtaining one paid contribution before a returning emigrant from an EC country can qualify for unemployment benefit is consistent with Article 71 (6) ii of EC Regulation 1408/71; and if he will outline the way in which seamen, residing in Ireland, but working for a vessel of another EC member, are treated for this purpose.
Regulation (EEC) No. 1408/71 sets out the social security arrangements for nationals of EC Member States who work and move within the Communities.
Provisions for entitlement to unemployment benefit are contained in Articles 67 to 71, inclusive, of the regulation.
It is a general provision of Regulation (EEC) No. 1408/71 that the country to which a claimant last paid social insurance contributions shall be responsible for paying unemployment benefit.
In accordance with this provision, an unemployed person who returns to Ireland having last paid social insurance in another EC country must pay at least one social insurance contribution in Ireland before unemployment benefit can be paid by my Department.
Article 71 (b) (ii) of Regulation (EEC) No. 1408/71 deals with a particular category of unemployed person who, prior to becoming unemployed, paid social insurance contributions to one Member State while residing in another Member State. If such a person makes himself or herself available for employment in the country of residence, unemployment benefit can be paid by that country. The payment of social insurance contributions to the country of residence is not a prerequisite for the award of unemployment benefit in this particular situation.
Certain categories of seamen residing in Ireland who were employed on ships carrying the flag of another EC Member State are covered by the provisions of Article 71 (b) (ii). They are therefore exempted from the need to pay at least one Irish social insurance contribution before unemployment benefit can be awarded.
When a claim to unemployment benefit is received from a seaman residing in Ireland who last worked aboard a vessel flying the flag of another EC country, my Department obtains details of the claimant's social insurance record from that country. If that insurance record satisfies the conditions for receipt of unemployment benefit, payment will be made by my Department.
The procedures carried out by my Department in relation to the award of unemployment benefit to emigrants returning from other EC countries are fully consistent with the relevant EC Regulations.
