Dáil Éireann Debate, Tuesday - 18 November 2014
143. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection the impact the recent ruling of the Court of Justice of the European Union in a case (details supplied) will have on social welfare policy here; the actions she will take as a result of this ruling; and if she will make a statement on the matter. [44173/14]
Amharc ar fhreagraThe case in question deals with the right of residence under EU law and the implications for this where a person from another Member State claims access to special non-contributory benefits in the host Member State. A special non-contributory benefit is an EU term for what in Ireland are regarded as assistance payments; examples are jobseeker’s allowance and disability allowance.
All EU citizens have an unqualified right of residence in another EU Member State for up to three months, although the host State has no obligation to provide social assistance to the migrant person or their family during that initial residence period. The right of residence for longer than three months for a migrant person who is not employed or self-employed depends on he or she having sufficient resources for himself or herself and his or her family, so as not to become an unreasonable burden on the social assistance system. The right of permanent residence is acquired after five years of residence in the host Member State.
This particular case reaffirms that an inactive person who does not have sufficient resources so as not to be an unreasonable burden on the social assistance system of a host Member State does not have a right to reside in that State, and is therefore not in a position to invoke the equality provisions of the EU regulations on the co-ordination of social security systems when it comes to applying for special non-contributory benefits in that State.
The implications of this Court of Justice of the European Union ruling are being considered by the Department.
