Organisation information
Social Security arrangements post Brexit
From Department of Social Protection
Published on
Last updated on
From Department of Social Protection
Published on
Last updated on
The European Union and the United Kingdom agreed a Withdrawal Agreement that took effect on the 31 January 2020 the date on which the United Kingdom ceased to be a Member State of the European Union. A Trade and Cooperation Agreement containing a Protocol on Social Security governing the future relationship between the European Union and the United Kingdom was also agreed, and took effect from the 1 January 2021 following the end of the transition period. Ireland and the United Kingdom agreed a Convention on Social Security under the Common Travel Area arrangements that also took effect on the 1 January 2021. Together these agreements ensure the continuation of the pre-existing arrangements in matters of Social Security between Ireland and the United Kingdom.
Ireland and the United Kingdom have a long-standing arrangement known as the Common Travel Area.
The Common Travel Area means that Irish and British citizens can move freely between, and live in, either country and provides for associated rights and privileges in both countries, including access to employment, healthcare, education, social benefits, and the right to vote in certain elections.
Irish and British citizens will continue to enjoy the right to travel, live, and work in the UK and Ireland in the same manner as before. This is because of a long-standing arrangement known as the Common Travel Area.
Under the Common Travel Area, Irish and British citizens can move freely and live in either country and enjoy associated rights and privileges, including access to employment, healthcare, education, social benefits, and the right to vote in certain elections. The Common Travel Area pre-dates Irish and UK membership of the EU and is not dependent on it. Both the Government of Ireland and the UK Government have committed to maintaining the Common Travel Area in all circumstances.
Under the Common Travel Area, Ireland and the UK agreed a Convention on Social Security that maintains the pre-existing arrangements, which took effect on 31 December 2020.
This Convention together with the Withdrawal Agreement and the Trade and Cooperation Agreements – Protocol on Social Security mean that Social Welfare recipients will experience no change to the reciprocal social welfare arrangements between Ireland and the UK. The rights and entitlements of both EU and British citizens to Irish social welfare payments remain as they were before Brexit.
Importantly existing payments will continue to be paid as before and there will be no change in the assessment of new applications for EU and UK citizens.
Government information on Brexit is available at gov.ie/brexit. The site provides clear information on how Brexit will impact on individuals (in the “Brexit and You” section) and on businesses (in the “Brexit and Business” section). This website is being updated continuously as the Brexit situation evolves.
As an Irish or a British citizen, living in Ireland and receiving a social welfare payment from the UK, the UK’s departure from the EU has no impact on entitlement to a UK social welfare payment or to you receiving it while you live in Ireland. This applies to both existing recipients and to those who apply for a social welfare payment in the future.
Ireland will continue to have obligations in the field of Social Security to citizens of other EU Member States and will continue to meet these obligations. Ireland will recognise the contributions of other EU citizens and on a bilateral basis extend the additional advantages of the Convention on Social Security as required, to EU citizens who work or have worked in the UK for the purposes of establishing entitlements to Irish social welfare benefits.
If a person needs to rely on Irish contributions in order to qualify for a UK pension or UK contributions in order to qualify for an Irish pension, they will continue to be recognised as before.
If a person or their spouse/civil partner worked in both Ireland and the UK, they should apply to both Ireland and the UK for their State pension or Widow’s, Widower's or Surviving Civil Partner's pension (or UK equivalents) based on their own or their spouse/civil partner’s contributions in each State.
In the case of Ireland, a person may be entitled to survivor’s benefit based on their own social insurance (PRSI) contributions.
A person working in the UK and living in Ireland, currently receiving a UK child benefit payment and an Irish child benefit supplement payment, will continue to receive them just as before. If a person works in Ireland and lives in the UK and receives Irish child benefit, this will continue just as before.
A person living in Ireland and receiving an Illness, Invalidity or occupational injury benefits payment from the UK or living in the UK and receiving one of the equivalent benefits from Ireland, will continue to receive these benefits, just as before.
Illness
If a person was working in Ireland before becoming ill, they should apply in Ireland for illness benefit. The Illness benefit may be paid to a person if they are recuperating in the UK, once DSP is informed.
Invalidity
All Invalidity payments will continue just as before. If a person last worked in Ireland before becoming ill and will not be able to return to work in the future, Ireland is responsible for paying the invalidity benefit. The application for invalidity benefit should be made in Ireland and can be paid to a person living in the UK.
Occupational Injury Benefits
All payments will continue just as before. If a person worked in both Ireland and the UK in the same occupation and developed a disease as a result of this occupation, they should apply to the UK for occupational injury benefit (or the equivalent UK payment) as this is where they last worked. The payment from the UK can be paid to a person living in Ireland
All payments will continue just as before. A person working in Ireland and living in the UK should make their claim for maternity or paternity benefit in Ireland, which can be paid to the person in the UK.
All payments will continue just as before. If a person is working in both Ireland and the UK, and lives in Ireland, social security contributions will be payable in Ireland, so long as they pursue a substantial part of their employment activity here, just as before.
If a person becomes unemployed having recently worked in Ireland and previously in the UK, needs to rely on their UK contributions to qualify for jobseekers benefit in Ireland, they will continue to be recognised as before.
If a person lives in Ireland and works in the UK and becomes fully unemployed, Ireland will be responsible for paying jobseeker’s benefit. If the working days of such a person are reduced and they become partially or intermittently unemployed, the UK will be responsible for paying any entitlements.
If a person worked in the UK, lived in Ireland and returned home at least once a week, and becomes fully unemployed they should apply for jobseeker’s benefit in Ireland.
If a person is receiving Jobseeker's Benefit in Ireland and wishes to go to the UK to seek work, their jobseeker’s benefit may continue to be paid for either a 13-week period or until the entitlement to jobseeker’s benefit is exhausted, whichever is shorter. The Intreo Centre should be contacted to make the arrangements as there are some specific conditions to be met.
A person entitled to the free travel scheme or who is a Senior Smartpass holder will continue to be able to travel across the island, North and South, on bus and by train, just as before.
Employees who are in insurable employment in Ireland, and whose employer is made insolvent under the laws of the UK, will continue to be protected under the insolvency payments scheme.