S.I No.12 of 2017


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Social Welfare (consolidated claims, payments and Control) (amendment) (no. 1) (absence from the state) Regulations 2017 (S.I. No. 12 of 2017)

 

EXPLANATORY NOTE

 

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

 

Section 249(1)(a) of the Social Welfare Consolidation Act 2005 provides that Regulations may be made to set out the circumstances in which a person may continue to receive a social welfare benefit while he or she is absent from the State.

 

Regulations provide, for instance, that certain contributory pensions are payable where the claimant is living outside the State and that certain other benefits will continue to be payable where the claimant is absent from the State on holidays for a limited period.

 

These Regulations extend the range of benefits which can continue to be paid while the claimant is absent from the State on holiday to include Maternity Benefit (for up to six weeks), Adoptive Benefit (for up to six weeks) and Paternity Benefit (for up to two weeks).

 

Since EU Regulations already provide that EU citizens will continue to receive these payments when they are in another member state, these Regulations are intended to facilitate, in particular, persons from outside the EEA (EU member states along with Norway, Iceland and Liechtenstein), as well as Switzerland, working within the State who may wish to spend time in their native countries having become a parent to, or adopted, a child.

Last modified:27/01/2017