Social security coordination rules protect the rights of citizens should they move between the jurisdictions for work.

The jurisdiction responsible for a person, often called the Competent State, is usually the place where they are employed or self-employed. As workers they will pay social insurance contributions (e.g. PRSI or National Insurance Contributions) in the Competent State, and that jurisdiction is then responsible for payment of relevant social security benefits.

The rules state that citizens are only liable to pay social insurance contributions to one jurisdiction at a time, and that they can only claim a particular category of benefit from one jurisdiction at a time.

Case Study – ROI Illness Benefit and NI Carer’s Allowance

The client, a cross-border worker, is married with two dependent children and they live in NI.

His wife works in NI however she is very unwell and as a result a claim to Personal Independence Payment(PIP) is pending.

The client is currently on sick leave due to the ongoing situation and receives ROI Illness Benefit. He provides regular and substantial care to his wife and is considering applying for UK Carer’s Allowance (assuming that the application for PIP is successful).

As the client’s employment started post 31st December 2020, he comes under the scope of the UK/Ireland Convention where UK Carer’s Allowance is classed as a ‘long-term care benefit’ and ROI Illness Benefit is classed as a ‘sickness benefit.’

(Had he been employed in the South prior to this, the EU Social Security co-ordination rules would apply where both Carer’s Allowance and Illness Benefit are both classed as sickness benefits and he could have been precluded from claiming both as you can only claim a particular category of benefit from one jurisdiction at a time.)

Recent case law

On 27th September 2023 an NI Commissioner ruled that the UK is the competent state for paying PIP Daily Living Component despite the claimant receiving exportable Invalidity Pension from ROI. See: SP v Department for Communities (PIP) [2023] NICom 23 C9/23-24 (PIP) (word doc). The cases notes that Invalidity Pension is categorised as an Invalidity benefit, not a Sickness Benefit under the coordination rules.

This recent case law could bolster the assertion that both Carer’s Allowance and Illness Benefit can be paid simultaneously provided the general conditions for both continue to be met.

Once there has been a determination on the PIP application, the client can proceed to test a Carer’s Allowance claim.

See also:

• Border People – Comparable UK and Irish Benefits in cash (PDF)
• Border People – Sickness Benefits – Competent State
• Border People – FAQs and Case studies