asked the Minister for Social Welfare the categories of persons who became entitled to pensions under the Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988, whose entitlement was removed by the Social Welfare (Miscellaneous Social Insurance Provisons) (Amendment) Regulations, 1989, and the circumstances in which this arose.
Written Answers. - Social Welfare Regulations.
62.
The Social Welfare (Miscellaneous Social Insurance Provisions) Regulations, 1988, (S.I. No. 263 of 1988) which came into effect on 13 October 1988 gave entitlement to old age (contributory) pension on a pro rata basis to certain persons who failed to qualify for pension because of gaps in their insurance record prior to April 1974. These gaps occurred because, prior to April 1974, social insurance coverage for non-manual workers only applied if their earnings were below a certain limit. This limit was increased from time to time and, as a result, some persons found themselves being intermittently in and out of insurance thus causing gaps in their insurance records. These gaps could affect entitlement to old age (contributory) pension for which a minimum average of 20 contributions since the date of entry to insurance is required and in some cases as a result of the gaps people failed to qualify for pension.
It has emerged, however, that the 1988 Regulations as they stand extend entitlement to pro rata pensions to categories other than those for whom they were intended, namely, persons who moved prior to 1974 from full to modified insurance not covered for old age (contributory) pension and at earnings above the insurable limit and who came back into insurance in 1974 at the modified rate. They are part of what is known as the “mixed insurance” category and the provisions introduced in 1988 were not intended to apply to them. The problems associated with mixed insurance generally in relation to social welfare pension entitlements are being examined at present by the National Pensions Board as part of its review of State, Semi-State and private occupational pension arrangements.
The purpose of the Social Welfare (Miscellaneous Social Insurance Provisions) (Amendment) Regulations, 1989 (S.I. No. 18 of 1989) introduced with effect from 2 February 1989 is to confine entitlement to pro rata pensions, as originally intended, to those who became compulsorily insured at the full rate or contribution on 1 April 1974 following the abolition of the insurable limit.