EU warns Ireland over breach of social security rules

The Government has been warned it is in breach of EU rules on social security by failing to allow those who qualify for carer’s allowance claim the payment if they reside in another member state.

In its monthly announcement of infringement decisions, the European Commission said it was taking action against Ireland and other member states for failing to comply properly with their obligations under EU law in the areas of health policy, employment and social affairs, and transport.

The commission said it had requested that Ireland ensures that people who qualify for carer’s allowance under Irish social security law can obtain it even if they reside in another member state.

“Carer’s allowance is a payment to people on low incomes who are looking after a person who needs support because of age, disability or illness (including mental illness),” the commission noted.

“One of the requirements for entitlement is that the recipient is resident in Ireland.

“By refusing to provide this allowance to people who live in other Member States but pay their social security contributions in Ireland, Ireland is in breach of EU rules on social security coordination.”

Department of Social Protection rules state that from May 1st 2004 all applicants for the means tested carer’s allowance must be habitually resident in Ireland.

A spokeswoman said: “The Department of Social Protection has received the reasoned opinion of the European Commission, which it will consider fully.”

Separately, the commission said it had sent a formal request to Ireland to notify full implementation of the cross-border healthcare directive.

The directive clarifies patients’ rights to choose to receive healthcare in another member state and claim reimbursement for it at home.

The commission noted the directive also required health systems and healthcare providers to ensure patients are given the information they need “to make an informed choice about their treatment in another member state”.

It said Ireland had not, to date, fully transposed this directive into national law, despite being required to do so by October 25th last year.

“Ireland also received a formal request to ensure full implementation of a directive laying down measures to facilitate the cross-border recognition of medical prescriptions.”

The commission said it had taken 420 decisions, including 29 so-called 'reasoned opinions' and 12 referrals to the Court of Justice of the European Union.