Dáil Éireann díospóireacht -
Tuesday, 9 May 1995

Vol. 452 No. 5

Written Answers. - EU Social Security Regulations.

Ivor Callely

Ceist:

96 Mr. Callely asked the Minister for Social Welfare if he will introduce any regulations to amend the one contribution rule that applies regarding an application for benefit under the EU Regulations 1408/71 and 574/72; if he will raise the matter at EU level; and if he will make a statement on the matter. [88231/95]

Minister for Social Welfare (Proinsias De Rossa)

The "one contribution" requirement which the Deputy refers to is contained in EU Social Security Regulations 1408/71 and 574/72 and relates to unemployment benefit. These regulations provide for the co-ordination of social security schemes for workers, self-employed persons and their families moving throughout the European Union. With effect from 1 January, 1994, they also apply to certain EFTA states, namely Norway and Iceland and the new EU member states, i.e. Austria, Finland and Sweden. From 1 May 1995, these regulations are also applicable to Liechtenstein.

There are a number of options available to unemployed Irish people who last worked in an EU member state or one of the other states referred to above. They can, subject to satisfying certain conditions, have their unemployment benefit payments from the state in which they were last employed paid to them for up to three months when they return to Ireland in search of work. They can, on returning to Ireland, qualify for Irish benefit if they satisfy the conditions for entitlement based on their Irish PRSI contribution record. Irish unemployment benefit is, however, not payable for any period during which they are in receipt of unemployment benefit from another member state.

If a person fails to qualify for Irish unemployment benefit based on his-her Irish PRSI record, there is provision, under the EU legislation referred to above, for taking into account periods of insurance or employment in all states to which the regulation applies in order to determine an individual's entitlement to unemployment benefit. In order for such periods to be aggregated it is necessary that the person was last insured or employed in the state in which unemployment benefit is claimed. In Ireland's case this necessitates the payment of at least one employment contribution, hence the reference to the "one contribution" rule. This provision, together with other provisions of Regulations (EEC) 1408/71 and 574/72, are directly applicable in and binding on all states concerned.

The issue of improving the unemployment benefits provisions of the Regulations has been discussed in Brussels on numerous occasions. However, no agreement could be reached on amending the present arrangements. The European Commission's White Paper on Social Policy has promised that the matter will be pursued with a view to increasing the general flexibility of the existing rules.