Ireland Bilateral Social Security Agreements

Most agreements provide that a period of incapacity to work, whereas she resides in the other country, is counted as if she were in Ireland to determine the period of disability. Although not included in the Quebec Agreement, the general principles of equal treatment should be included in this provision. As a result, after Brexit, for new benefit entitlements or new cross-border labour agreements, there may be doubts about the ability of third-country nationals to rely on past or current coverage in a social security system to try to receive benefits in the other country (although this does not exclude the use of benefits in the first country). All of these agreements are based on the concept of shared responsibility. Responsibility-sharing agreements are reciprocal. Under each agreement, partner countries make concessions to their social security qualification rules so that those covered by the agreement have access to payments that they may not be eligible for. The responsibility for social security is thus distributed among the countries in which a person has lived during his or her working years and where the person is able to obtain potential rights. In general, it is possible to access a pension from one country in the second country, although the paying country retains some discretion with regard to the exchange and delivery mechanisms used. Under the agreement, the two countries are jointly responsible for paying pensions to people who would not otherwise be entitled because they do not have sufficient residence in Australia or sufficient periods of insurance for the Irish Social Security Scheme (PRSI). It also helps people who would otherwise not be able to apply for a pension because they live abroad. In addition, it is possible that in both countries social contributions with equivalent incomes (for example. B for cross-border work) can be generated without relief of this double levy, unless the legislation of both countries expressly provides for it. In the case of agreements with Australia, Canada, the Republic of Korea, Quebec and the United States, the condition that the date of receipt of the application file must be considered the date of entitlement to benefits in the other country is conditional on the applicant providing information indicating that the coverage periods have been completed in accordance with the legislation of the other country.

Social security provisions have been in force in EU law for more than 30 years. They are included in Regulations (EC) 883/2004 and 987/2009. More information is available on the website of the Ministry of Social Welfare. As a general rule, a person should claim a pension entitlement in the country of residence. A person residing in Ireland should therefore apply for a pension from the Ministry of Social Welfare. If the applicant indicates that he or she was insured (or, if necessary, resident) in a country with which Ireland has a bilateral agreement, a pension entitlement is opened in that country by the department that addresses the relevant agency on behalf of the applicant. The date of receipt of the claim and all relevant documents must be immediately forwarded to the institution of the other country.

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