asked the Minister for Social Welfare if he is aware that carters who were employed by some local authorities have been refused contributory old age pensions on the grounds that they have failed to satisfy statutory contribution conditions for the pension because the local authority by whom they were employed failed to stamp their cards until the passing of the Social Welfare Act, 1952, although they were employed on contract with service basis; and if he will consider crediting such persons with that service in order to qualify them for the contributory old age pensions.
Ceisteanna—Questions. Oral Answers. - Local Authority Carters: Contributory Old Age Pensions.
2.
A person cannot be granted old age (contributory) pension unless he satisfies the statutory contribution conditions on his insurance under the Social Welfare Acts or the former National Health Insurance Acts. Accordingly, pensions have been refused, or awarded at reduced rates where appropriate, to a considerable number of claimants, including persons who had been employed as carters by local authorities, because their insurance did not satisfy the conditions.
The position of carters in relation to social insurance was affected by the Social Welfare Act, 1952. Prior to the 5th January, 1953, when that Act came into operation, carters who were employed under contracts of service requiring personal service on the part of the carter were insurable under the National Health Acts but carters who worked in the execution of contracts not requiring personal service on the part of the employed person were not insurable. As from the 5th January, 1953, the carters previously insurable continued to be insurable under the Social Welfare Acts. In addition, carters employed on the basis of contracts for services where the employment is of one person and is by way of manual labour and personal service is given by the employed person, became insurable for the first time. Carters who do not come within the foregoing categories are, prima facie, not insurable but I should stress that the question of the insurability of any employment is, in accordance with Section 42 of the Social Welfare Act, 1952, a matter for decision by a Deciding Officer.
I do not accept the implication in the question that local authorities failed to meet their statutory obligations as employers in the matter of stamping insurance cards for carters who were insurable. However, any person who considers that his employment was insurable under the Acts in force at the time, may apply to have the question of insurability statutorily determined. If it is decided that the employment was insurable, a claim to pension already dealt with can be reviewed in the light of any further contributions paid following the insurability decision.
Was there any doubt or any question of the insurance of carters prior to 5th January, 1953?
I would say there was.
Therefore if any person feels aggrieved, he has the right to appeal in respect of that period?
I would say so.