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Operational Guidelines: Absence from the State


General

This guideline deals specifically with questions of entitlement.

Please refer to the ‘Payment-related issues’ guideline for details regarding payment methods while absent and obligations of claimants to notify absence. Section 4 of that guideline provides information on payment arrangements during Temporary absence from the State.

Legislation

The main provisions which refer to entitlement while absent from the State are:

  • Section 249 of the Social Welfare Consolidation Act 2005, and Section 2(3) of the same Act regarding residence of a qualified child.
  • Article 217 of Social Welfare (Consolidated Claims, Payments and Control) Regulations S.I. 142 of 2007 (Social Welfare Regs 2007).

Absence from the State is also subject to reciprocal arrangements this department has with other States and to EU legislation. The impact of these agreements and of EU legislation on each scheme is dealt with in the individual guidelines. In general, whichever legislation is more favourable to the individual applies.

Social Insurance Payments

Disqualifications

Personal Rate

A person is disqualified from receiving any social insurance payment (including an increase) while he or she is absent from the State, except as provided below.

Increase for a Qualified Adult

An increase in respect of a spouse, civil partner or cohabitant is normally not payable during any period during which he or she is absent from the State.

Child Support Payment (previously known as Increase for a Qualified Child)

The definition of a qualified child for Child Support Payment includes the condition that he or she is "ordinarily resident in the State".

Schemes that have no exceptions

Exceptions from Disqualification

Regulations specify the following categories as exempted from disqualification:

Schemes wholly exempt

The following schemes, mainly contributory pensions and long-term benefits, are all payable while the recipient is absent from the State:

The department may however insist on the production of suitable evidence to show that the relevant conditions for each particular scheme continue to be fulfilled (e.g. retirement or incapacity).

Increases may also continue to be paid where it is the qualified adult or child who is absent from the State. The normal conditions of dependency etc. must, however, continue to be fulfilled.

Schemes with limited exemptions

The following schemes (mostly short-term benefits) allow for payment abroad or in respect of a period abroad in certain limited situations:

Where a person who is absent from the State, is entitled to a payment under one of the above schemes in respect of a period spent in the State, such payment may be suspended until he or she returns or alternatively may be paid to some other person nominated by him or her. Maternity Benefit cannot be paid to a nominated person in this regard.

Where the Qualified Adult is absent from the State and the beneficiary is in the State, the qualified adult increase may continue to be paid for three months, or may be extended to twelve months by the Minister (subject to the normal conditions of dependency, etc.).

Where one of the following exemptions applies an increase in respect of a Qualified Adult may also be paid.

Personal rates and increases may be exempted from disqualification in the following circumstances only:

Deserted Wife's Benefit (DWB) (see below)

Reasonable absences i.e. up to a maximum of 3 weeks outside the State for the purposes of holidays, attending a funeral etc. are allowed.

Deserted Wife's Benefit (DWB)/Deserted Wife's Allowance (DWA) and Prisoner's Wife's Allowance (PWA)**

Where a person is disqualified for receipt of DWB/DWA/PWA as she is resident outside the State and but for that disqualification, she would be entitled to DWB/DWA/PWA, she will again become entitled to DWB/DWA/PWA when she returns to live in Ireland provided she has not been absent from the State for a period in excess of 12 months.

Section 178 of the Social Welfare Consolidation Act 2005 refers.

Please note that no new entrants are being taken for the following schemes:

The three schemes above have been subsumed into the One-Parent Family Payment (OFP) Scheme.

Carer's Benefit

Carer's Benefit may be paid in certain circumstances for periods during which the Carer is temporarily outside the state. Carer's Benefit may be paid for up to 3 weeks if the recipient is abroad on a respite break.

Carer's Benefit may also be paid where the carer accompanies the care recipient abroad for approved medical treatment for his/her existing incapacity. The Department must be notified in advance of departure.

Disablement Benefit

  • The basic rate of Disablement Benefit is payable as long as the conditions are fulfilled.
  • An increase in respect of constant attendance is payable with the disablement benefit, for up to six months.
  • Incapacity Supplement is payable where the absence is for medical treatment (as in the case of IB above) or where a constant attendance allowance is also payable. In such cases any increase due in respect of a qualified child is also payable while absent.

Illness Benefit (IB)

  • Where a person receiving Illness Benefit goes abroad to receive approved medical treatment for their incapacity. The treatment must relate to an illness incurred before going abroad. The department must be notified in advance of departure
  • Persons who are employed abroad and continue to be insured under the Social Welfare Acts may be paid Illness Benefit when ill
  • A person may be paid Illness Benefit for up to 4 weeks while on holiday in an EEA Member State
  • See also separate guideline on Illness Benefit regarding entitlement under EU legislation, for frontier workers, transport workers who become ill while abroad, people who are in receipt of Irish Jobseeker's Benefit abroad and get ill, or people in receipt of Illness Benefit who transfer residence to another EEA Member State, etc.

Jobseeker's Benefit (JB) and Jobseeker’s Benefit for the Self-Employed (JBSE)

  • A person may continue to receive JB/JBSE while representing Ireland in an amateur capacity at an international sporting event. An increase of JB/JBSE in respect of a qualified adult will also continue to be paid while such qualified adult is absent from the State in these circumstances. Written confirmation should be obtained from the appropriate governing sporting body of the period and event involved. (See JB and JBSE guidelines for further detail.)
  • A person aged under 65 years and in receipt of JB/JBSE may be absent from the State for up to two weeks in any calendar year. An increase of JB/JBSE in respect of a qualified adult will also continue to be paid while such qualified adult is absent from the State in these circumstances. (See JB and JBSE guidelines for further detail.) The person cannot engage in employment or self-employment during this absence.
  • For a person aged 65 years (including their qualified adult), no time limit is prescribed on the duration that the person is absent from the State. However, the absence must be temporary, and a person cannot engage in employment or self-employment during this absence.
  • A person may continue to receive JB/JBSE during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and due to force majeure.

Maternity Benefit (MAT)

  • Maternity Benefit Payments can be made in other EU Member States in accordance with Council Regulation (EC) NO 883/04, Articles 19-21. An EU citizen can get Maternity Benefit for any period of maternity leave spent in another EU country. A non-EU citizen can only get Maternity Benefit for any period of maternity leave spent in the Republic of Ireland.
  • Maternity Benefit is only payable outside the State where the absence is temporary and for the specific purpose of receiving approved medical treatment or where the person is a Posted Worker. Article 217(c) of the Social Welfare Regs 2007 refers.

Occupational Injury Benefit (OIB)

  • Where a person receiving OIB goes abroad to receive approved medical treatment for their incapacity. The treatment must relate to an illness incurred before going abroad.

Paternity Benefit, Adoptive Benefit, Parent’s Benefit

  • A person in receipt of Paternity Benefit, Adoptive Benefit, and/or Parent’s Benefit may go on holiday (up to two weeks for Paternity and Parent’s Benefit, six for Adoptive Benefit in any calendar year). An increase of Jobseeker’s Benefit in respect of a qualified adult will continue to be paid while such qualified adult is absent from the State in these circumstances. (See scheme specific guidelines for further detail.)

Social Assistance Payments

Disqualifications

Personal Rate

A person may be disqualified from receiving any social assistance payment (including an increase) while he or she is either resident abroad or absent from the State, as detailed below.

Where the disqualification is not applied, payment cannot be made during the person's absence (except in the case of recipients of State Pension (non-contributory) or Blind Pension living in Northern Ireland) but may be paid, depending on the circumstances of the case, on the person's return to the State.

Increase for a Qualified Adult

Similarly an increase in respect of a spouse, civil partner or cohabitant is normally not payable during any period during which he or she is absent from the State.

Child Support Payment (previously known as Increase for a Qualified Child)

The definition of a qualified child for Child Support Payment includes the condition that he or she is "ordinarily resident in the State".

Schemes which have no exceptions

Residence, whether temporary or permanent, outside the State is a disqualification in the following schemes. No exceptions are provided for, and therefore payment cannot be allowed:

Schemes with limited exceptions from Disqualification

Schemes where limited exceptions from disqualification may be allowed (as described below) are:

Exceptions allowed

Carer's Allowance

Carer's Allowance may be paid for up to 3 weeks if the recipient is abroad on a respite break.

Carer's Allowance may also be paid where the carer accompanies the cared-for person abroad for approved medical treatment for his or her existing incapacity. The department must be notified in advance of departure.

A maximum of 13 weeks can be paid in such circumstances. Permission must be sought before the Carer or cared for person leaves the State. Failure to do so may result in the loss of entitlement.

Domiciliary Care Allowance

Domiciliary Care Allowance may be paid for up to 3 weeks if the recipient is abroad on a holiday break.

Child Benefit

The child must be ordinarily resident in the State. However, this requirement is deemed to be satisfied in cases of:

  • members of the Irish Defence Forces or the Irish Civil Service serving abroad
  • volunteer development workers
  • persons temporarily employed abroad by an Irish employer and paying Irish social insurance contributions

Disability Allowance

Disability Allowance is not payable for any period in respect of which the claimant is resident away from the State, except where the person is pursuing approved second or third level courses of education outside the State under the Back to Education Allowance (BTEA) Scheme (see Back to Education Allowance Second and Third Level Options), or while receiving medical treatment which is subject to certain conditions. The department must be notified in advance of the intention to leave the State.

Working Family Payment (WFP)

If a person is working in employment in this State and fulfils the conditions for receipt of WFP, payment of WFP is made in accordance with EC legislation when the person is resident outside the State.

State Pension (Non-Contributory) or Blind Pension

Where a person in receipt of State Pension (Non-Contributory) or Blind Pension takes up residence in Northern Ireland, the pension is payable until the person becomes entitled to an equivalent payment from Northern Ireland or for a period of 5 years whichever is the shorter.

You can go abroad in exceptional circumstances for a limited period and the department will review your entitlement when you return. You must notify the Department of Social Protection in advance of leaving the State.

One-Parent Family Payment

One-Parent Family Payment is not payable to anyone residing outside the State. A person may however have reasonable absences up to a maximum of 3 weeks outside the State for the purposes of holidays, attending a funeral, etc. and receive payment. The department must be notified in advance of the intention to leave the State and the reason for the absence.

Jobseeker's Allowance

Jobseeker's Allowance may be paid for up to 2 weeks on return from a holiday abroad, provided the person notified their Local Intreo Centre/Branch Office in advance of the holiday. Similarly Jobseeker's Allowance can be paid on return following participation at an international amateur sporting event under the same conditions as are applied in the case of Jobseeker's Benefit claims (see above).

Widow's, Widower's or Surviving Civil Partner's Non-Contributory Pensions

Payment is allowed for absences up to a maximum of 3 weeks in a calendar year. Payment is subject to the beneficiary not having claimed any social welfare payment abroad, and having continued to fulfil the conditions as to means, habitual residency etc. The department must be notified in advance of any plans to leave the State and the reason for the absence.