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Social Welfare Benefits

Dáil Éireann Debate, Wednesday - 22 February 2012

Wednesday, 22 February 2012

Questions (141)

Robert Troy

Question:

143 Deputy Robert Troy asked the Minister for Social Protection the progress that has been made with reviewing the payment of children’s allowance to children who are non-resident here; and if she will make a statement on the matter. [10114/12]

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Written answers

The social security rights of people living and working in the EU are governed by EU regulations which co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work.

For the purposes of the EU regulations, Irish Child Benefit is classified as a family benefit and there are specific rules governing the payment of these benefits. EU nationals who come to work in Ireland but whose families reside in another EU Member State may have an entitlement to family benefits in Ireland under the EU regulations. As a Member State of the European Union, Ireland is bound to apply these regulations in accordance with the objective of the EC Treaty regarding free movement of persons.

Before payment is made in respect of children resident in other EU countries it is necessary to contact the authorities in the country of residence of the children to confirm details and establish what, if any, family benefits are payable in the home country as this will impact on any entitlement under the Irish system. Once payment has commenced, as part of the Department's ongoing control programme, these customers are required to confirm periodically their continued entitlement to benefit. Where questions arise in relation to entitlement, or there is a delay in responding to enquiries from the Department, payment is suspended pending investigation.

I have raised the issue of payment of Child Benefit in respect of non-resident children at EU level, both formally, with EU Commissioner Andor on his visit to Dublin last year, and informally, with relevant Ministers from other EU countries, and will continue to do so. The Commissioner stressed the importance the European Commission attaches to the system of coordinating social security for the role it plays in encouraging and facilitating free movement of people across the Union. He indicated that he would be extremely reluctant to introduce changes along the lines that have been suggested because they would discriminate against migrant workers and would not be in line with judgements of the Court of Justice of the European Union in this area.

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