Tuesday, 9 October 2018

Questions (294)

Robert Troy

Question:

294. Deputy Robert Troy asked the Minister for Health the reason persons on the public waiting list here are being excluded from the cross-border scheme due to the fact an element of their income is an English pension (details supplied). [40918/18]

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Written answers (Question to Health)

Under the Cross Border Directive it is a person's Member State of affiliation which is responsible for the reimbursing of treatment accessed and not the Member State in which they reside.

A person's Member State of affiliation is the State in which the person is, or has been, an insured person within the meaning of Article 2 of EU Regulation 883/2004. A person who has worked and paid their social insurance contributions in one Member State may choose to live in another Member State. However, the State to which they are affiliated remains responsible for reimbursing them for the purposes of the Cross Border Directive. Thus if a person is in receipt of a contributory pension, however small, from another Member State, it is that State and not Ireland which is responsible for reimbursing a person under the terms of the Cross Border Directive.

As the particular details of any case to which the Deputy is referring is a service matter, this question has also been referred to the Health Service Executive for attention and direct reply to the Deputy.