Q: I live in the Republic of Ireland and work in the north and have done for over 10 years, I am married and my husband also works in the north. I have just found out that I am expecting our first child. I have a doctor in the north but not in the south. Can I have the baby in the north but register the child in the south?
A: Whilst you are employed in the north you are entitled to routine NHS treatment in the same way as someone resident in the north including maternity services. You can therefore have your child in Altnagelvin hospital. As a cross-border or frontier worker you and your husband are also entitled to an Irish medical card from the HSE. This entitles you to free public healthcare in the Republic and importantly would cover any dependent children (your child will not be entitled to routine NHS treatment in the north). The birth can be registered in the Republic regardless of where it takes place.
Q: I live and work in the south. My husband is northern, his business is in the north and all his taxes etc. are paid in the north. I am pregnant with my first child. Am I entitled to public heath care in the North? I worked in England for a year and have a National Insurance number.
A: Unfortunately, only your husband as the northern worker is entitled to routine NHS treatment in the north. He would also be entitled to an Irish medical card from the HSE in the south as a cross-border or frontier worker but this would only cover you if you did not have an Irish/ROI income. In ROI there is also the Maternity and Infant Care Scheme which is operated by most GPs and provides free public maternity services in ROI even if you do not hold an Irish medical card or GP visit card.
Q: I live in Ireland and have recently been offered a Job in Northern Ireland. At present I am one month pregnant and one important consideration in deciding whether to take this job or not is what my entitlements are to access Maternity Services in Northern Ireland?
A: As a result of your ‘worker’ status in Northern Ireland you can access National Health (NHS) services there on a routine basis and that includes all maternity provisions.
Q: I'm originally from Northern Ireland (NI) but now living, married in Ireland while still working in NI. My wife is from Ireland and works in Ireland. We are expecting a child. Where can I get the info on childcare and health entitlements etc.?
A: So long as your wife remains employed in Ireland (this includes whilst she is on maternity leave), Ireland is the 'competent state' for the payment of family benefits under EU legislation. This means that when your child is born you will be entitled to Child Benefit in Ireland at €166 per month from April 2008.
You will also be entitled to an Early Childcare Supplement of €1100 per annum payable quarterly. In addition you may qualify for some rate of Child Tax Credit from HM Revenue in NI on the basis of your employment there.
In terms of healthcare, whilst you remain employed in NI you are entitled to access the NHS in NI on a routine basis; this right does not extend to your family. However you are also entitled to free public healthcare in Ireland (ie a medical card) as a cross-border or frontier worker. Currently in Ireland this medical card will also cover your dependent children - not your spouse.
Q: I currently live in Northern Ireland and Commute daily to work in the Republic. I currently get paid in Euros and pay taxes to the Republic of Ireland. I am due to marry next year and my partner also lives in the North and works in the North. If I became pregnant would I claim maternity benefits from the Irish or Northern Irish Government? If I was on long term sick would I claim from the Irish or Northern Irish Government? Once I am married and still working in the South how will tax credits work for me and my husband to be?
A: Under EU social security rules it is generally the member state in which you were last insurably employed that is responsible for the payment of maternity and sickness benefits. For you this would be Maternity Benefit from the department in the Republic; for the qualifying conditions see www.citizensinformation.ie, search under Maternity Benefit. In the event of sickness you may qualify for Illness Benefit or Invalidity Pension (for people who are long term unift to work) from the Republic. You are potentially eligible for tax credits in N. Ireland on the basis of your residence there. These are means tested and the amount you receive will generally depend on your gross family income (north plus south).
Q: I work in Northern Ireland and live in the south. I am going on maternity leave and my employer told me that I have to claim my maternity pay from the North which is a lot less than in the south. I have heard that I could have my maternity brought up to the same amount from the stamps I have paid in my previous years working in the south. Because I live in the south I am very unlikely to be able to claim any benefits as I am a single mother, am i eligble to claim in the south or should I just quit my job in the north and claim from all my stamps that I paid in the south?
A: Generally the EU country in which you are working pays any maternity benefit due under EU social security rules, there is no scope for a top-up from were you reside as is the case with family benefits. In N. Ireland there is a scheme of Statutory Maternity Pay (SMP) which is payable by your employer. You will qualify for SMP if you have been continuously employed by the same employer for at least 26 weeks ending with the qualifying week. This means you must have been employed for at least one day in the qualifying week; and be still in the job in the qualifying week, the qualifying week is the 15th week before the week in which the baby is due. A week is seven days beginning with a Sunday; and you must have average weekly earnings of at least the national insurance lower earnings limit, currently £90 per week. If you meet these criteria SMP is payable for 39 weeks at 90% of your gross weekly wage for the first 6 weeks and then for the last 33 weeks at 90% of your wage or a flat rate of £117.18 whichever is the lower.
If you continue in the job in the north then the north/UK is initially competent to pay you family benefits, i.e. Child Benefit and Child Tax Credit. Depending on the rate of those family benefits you may qualify for a top-up of Irish family benefits which for you would include Child Benefit, Early Childcare Supplement and One Parent Family Payment (OPFP). You would get these Irish payments in full if you gave up the job in the north and were unemployed, although in the case of OPFP the department in the south would expect you to seek maintenance from the child's father.
Q: I live and work in the south. My husband is northern, his business is in the north and all his taxes etc. are paid in the north. I am pregnant with my first child. Am I entitled to public heath care in the North under my husband’s name? I worked in England for a year and have a National Insurance.
A: Unfortunately, only your husband as the northern worker is entitled to routine NHS treatment in the north. He would also be entitled to an Irish medical card from the HSE in the south as a cross-border or frontier worker but this would only cover you if you did not have an Irish/ROI income. In ROI there is also the Maternity and Infant Care Scheme which is operated by most GPs and provides free public maternity services in ROI even if you do not hold an Irish medical card or GP visit card.
Q: I living in Cavan and work in Fermanagh commuting across the border. I started work in August 2007 in NI. I had a baby in December. Before that I worked in the South for 9 years. Despite applying I am still awaiting state maternity benefit and in fact am back to work!
A: Under EU social security rules the member state in which you were last employed is generally responsible for the payment of a maternity benefit. In your case this would be Maternity Allowance from the Social Security Agency (SSA) in NI. However as you did not have 26 weeks employment in NI in the 66 weeks before the week in which the baby was due the SSA will have to get confirmation of your Irish employment/social insurance. This can be combined with your more recent NI employment to allow you to satisfy the employment test for Maternity Allowance. Even allowing for that, if you applied at the start of the year, the delay is an inordinate one. If you wish I will contact the SSA on your behalf re the progress of the claim, I will need your national insurance number and a contact phone number.
© Northern Ireland Association of Citizens Advice Bureaux (NIACAB) 2008
