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Paternity benefit outside the EU

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  • 21-02-2020 5:20pm
    #1
    jimmycrackcorm
    Registered Users Posts: 14,329 ✭✭✭✭


    I've a query with Welfare.ie about the entitlement to pay paternity benefit for a child outside the EU. The application form specifies that if you spend time outside the EU then it is not payable.

    But now that the UK has left the EU, this means for example that anyone working in the ROI but has a new child in either the north or the rest of the UK is not entitled to this also.

    Is there a case for discriminaiton if you have an Irish child outside the EU/UK and paternity benefit is not payable if it is allowed for NI for example?


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    #2
    GerardKeating
    Registered Users Posts: 7,531 ✭✭✭GerardKeating


    jimmycrackcorm wrote: »
    Is there a case for discriminaiton if you have an Irish child outside the EU/UK and paternity benefit is not payable if it is allowed for NI for example?

    Origionally, one had to be Irish for any sw benefit, but EU rules "extended" them, since they could not discriminate against EU national, hence the habitual residence requirements.

    It's not fully clear yet, what will happen with respect to the UK and NI in particular, the GFA will "complicate" things.


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    #3
    Victor
    Registered Users Posts: 78,262 ✭✭✭✭Victor


    As part of Brexit, side agreements were made between the UK and Ireland on tax, welfare, migration, etc. You need to investigate those.


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    #4
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Victor wrote: »
    As part of Brexit, side agreements were made between the UK and Ireland on tax, welfare, migration, etc. You need to investigate those.

    I think these are just reciprocal agreements to the CTA, they came long before Brexit, for example the agreement on social welfare payments and pensions was made in 2007 (though some may have been implemented and received legal force due to Brexit, I think they still predate it).

    For example in 2019 it was reported that "access to social welfare payments for Irish citizens living in the UK, and UK citizens in Ireland, will be “guaranteed” after Britain exits the European Union under a new legally binding agreement signed between the two governments", but this was already agreed and legislated for in 2007 via the Social Welfare (Bilateral Agreement With the United Kingdom on Social Security) Order 2007 to give effect to the Bilateral Agreement on Social Security of 2007.


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