Publication
Operational Guidelines: Absence from the State
From Department of Social Protection
Published on
Last updated on
From Department of Social Protection
Published on
Last updated on
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.
The main provisions which refer to entitlement while absent from the State are:
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.
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.
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.
The definition of a qualified child includes the condition that he or she is "ordinarily resident in the State".
Regulations specify the following categories as exempted from disqualification:
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.
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.
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 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.
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.
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.
The definition of a qualified child includes the condition that he or she is "ordinarily resident in the State".
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 where limited exceptions from disqualification may be allowed (as described below) are:
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 may be paid for up to 3 weeks if the recipient is abroad on a holiday break.
The child must be ordinarily resident in the State. However, this requirement is deemed to be satisfied in cases of:
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.
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.
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 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 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).
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.