Case Studies » Family Income Supplement » Family Income Supplement -Case from 2016 Annual Report (ref: 2016/22)

2016/22 – Family Income Supplement

Oral hearing

Question at issue: Eligibility (EU Regulations)

Background: The appellant was resident with her son in Belgium and was employed by an Irish airline. She made a claim for Family Income Supplement (FIS) but this was refused on grounds that she was not resident in the State and it was held that the provisions of EU Regulation 883/2004 did not apply.

Consideration: The Appeals Officer noted that while benefits are not generally paid to persons who are resident outside the State, residence conditions can be overridden by the provisions of EU Regulation 883/2004 on the Coordination of Social Security Systems. This Regulation outlines the general principles regarding the coordination of social security rights of persons moving within the Community, with the detailed procedural and administrative matters being dealt with in Regulation 987/2009. Both Regulation 883/2004 and Regulation 987/2009 (‘the Regulations’) are applicable throughout the European Economic Area (EEA). The Appeals Officer noted, however, that to avail of the Regulations, it is necessary for the person to be attached to the Irish social security system in accordance with the provisions of Article 11 of EU Regulation 883/2004.

Having examined the evidence available, the Appeals Officer noted that the appellant had been subject to the provisions of the Irish social security system and paying social insurance contributions with effect from a specified date in 2008 to a date in 2013. However, he noted also that she was no longer paying Irish social insurance contributions, nor was she resident in the State. Accordingly, he concluded that Ireland could not be deemed competent to pay Family Income Supplement, or other family benefits, under EU social security regulations.

Outcome: Appeal disallowed.