Dáil Éireann debate -
Wednesday, 7 Oct 1992

Vol. 423 No. 1

Written Answers. - Social Security Agreement with U.S.

Enda Kenny

Question:

421 Mr. Kenny asked the Minister for Social Welfare if he will outline the present progress in relation to returned Irish and U.S. citizens availing of social welfare benefits as pensioners in Ireland; when he expects the bilateral agreement signed between the Irish and American Governments to be implemented; the number of pensioners who will so benefit from this agreement; and if he will make a statement on the matter.

Minister for Social Welfare (Mr. McCreevy)

A bilateral agreement on social security with the United States of America was signed by me on behalf of the Government on 14 April 1992 in Washington.

Under the Constitution the text of this agreement is subject to Dáil approval and I hope to move the necessary motion to seek this approval shortly. When this has been obtained I can bring the agreement into operation by means of a Ministerial Order.

However, there are also legal matters which have to be completed on the US side under US social security law. These require that before a signed agreement can enter into force for the US, the President must transmit it to Congress for a period during which at least one House of the Congress has been in session on each of 60 days. If this period is not completed during one Congress it must begin over again in a new Congress. It normally takes 3 to 4 months to prepare the necessary documentation for congressional submission and as a result it will not be possible to clear the required 60 day period during the life of the existing Congress which will expire, because of the Presidential election, on 2nd October next. It will not be possible, therefore, for the US side to meet this legal requirement until the new Congress meets in January 1993 and the 60 day period will not expire until the end of May 1993. When it has expired instruments of approval must be exchanged and the agreement will become operative on the first day of the third month following this exchange. At this stage the likely date for implementation is 1 September 1993.

It has been estimated that in the first full year of operation of the agreement some 1,500 people will receive pensions from the US and Ireland under its provisons and that this number will continue to grow each year after that. It has also been estimated that some 3,500 persons who are resident in Ireland and receiving US social security pensioners will become entitled to the Free Schemes operated by my Department as soon as the agreement comes into operation.