UK-Ireland Convention on Social Security

I have a client who is currently living in Scotland. He is a British national.

He is not employed or self-employed.

He receives ESA (both contributory and income-related).

He receives PIP – enhanced rate for Daily Living and Mobility.

He is considering a permanent move to the Republic of Ireland and wanted to know the effect on his benefits and whether he could continue to get any of these there.

As far as I can tell the main rules governing this now are set out in the UK-Ireland Convention on Social Security.

I have looked at the pertinent parts and it would appear to support both the payment of C-ESA and the daily living part of PIP were he to move to Ireland. I have provided a link to the convention: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/959112/TS_6.2021_UK_Ireland_Convention_on_Social_Security.pdf

Has anyone else any familiarity with this and am I correct in my reading of his entitlement to C-ESA and PIP daily living? Is there more information I require from him in order to advise him fully?

I’ve included some of the relevant parts below:

(1) This Convention shall apply:

(i) the following sickness benefit:

Employment and Support Allowance (contributory) payable for:

a. (a) the initial 91 days of sickness for awards granted on or before 31 March 2016; or

a. (b) the initial 365 days of sickness for awards granted on or after 1 April 2016.

(iii) the following invalidity benefit:

Employment and Support Allowance (contributory) payable from the:

(a) 92nd day of sickness for awards granted on or before 31 March 2016; or
(b) 366th day of sickness for awards granted on or after 1 April 2016 for claimants placed in the support group as defined under the relevant legislation.

And:

(iv) the following long term care benefits:

Attendance Allowance
Carer’s Allowance
Disability Living Allowance (care component)
Personal Independence Payment (daily living component)

In the section on Part IV on Benefit Provisions:

ARTICLE 16

Sickness Benefit, Maternity and Paternity Benefit

(1) A person and any members of their family residing in the Party which is not competent for payment of sickness, maternity or paternity benefit (Party A) shall be entitled to such benefit in accordance with the legislation of the Party with competence (Party B).

(2) By agreement between the two Parties, such benefits may, however, be provided by Party A at the expense of Party B in accordance with the legislation of Party A.

(3) Where, but for this paragraph, a person or a member of their family would be entitled to receive, for the same period, whether by virtue of this Convention or otherwise:

(a)      a sickness benefit, long-term care benefit, maternity or paternity benefit under the legislation of both Parties; or

(b)      statutory sick pay, statutory maternity pay, statutory paternity pay, statutory adoption pay or statutory shared parental pay under the legislation of the United Kingdom, and illness benefit or maternity benefit, health and safety benefit, paternity benefit or adoptive benefit under the legislation of Ireland,

only the benefit provided for under the legislation of the Party with competence shall be payable.

ARTICLE 19

Long Term Care Benefits under the Legislation of the United Kingdom

(1) Subject to paragraph (2), a person and any members of their family residing in Ireland shall be entitled to long term care benefits in accordance with the legislation of the United Kingdom, where the United Kingdom has competence to pay such benefits.

(2) For the purposes of paragraph (1), when determining entitlement to such benefit under the legislation of the United Kingdom:

(a)      any condition requiring that an EU Social Security Coordination Regulation applies shall not apply; and

(b)      as regards periods spent in Ireland, only periods of residence during which the person was insured prior to the day on which entitlement to the relevant benefit first arises, may be taken into account in so far as is necessary to satisfy a condition requiring presence in the United Kingdom.

Thanks in advance for your help.

I’m still hoping someone has a response to this query.

Any advice will be gratefully accepted.