Vol. 413 No. 3
1 Mr. Browne (Carlow-Kilkenny) asked the Minister for Social Welfare if his attention has been drawn to (1) the discrimination against widows contained in the PRSI for the self employed provisions of the Social Welfare Act, 1988 and (2) the fact that many widows are debarred from the widow's contributory pension scheme despite the minimum three years PRSI contributions being correctly paid and in order; and if he will make a statement on the matter.
Self-employed persons became insured under the social insurance system for pension purposes with effect from 6 April 1988, the commencement of the 1988-89 contribution year. Contributions at the class S rate are payable by this group and provide cover for Old Age (Contributory) and Widow's and Orphans Pensions.
One of the contribution conditions to qualify for a widow's contributory pension is that contributions must have been paid in respect of at least 156 contribution weeks between the late husband's date of entry into insurance and the date of his death.
A person who commenced paying self-employment contributions from April 1988 would have contributions paid in respect of 156 contribution weeks by 6 April 1991 and, accordingly, would have built up a title to contributory widow's pension based solely on those contributions. Any employee contributions reckonable for widow's contributory pension purposes may be combined with self-employment contributions when determining entitlement to pension.
I presume the Deputy is referring to cases in which the self-employed contributor has died prior to the end of the third contribution year and widow's contributory pension could not be awarded as the 156 paid contributions condition had not been satisfied. This is due to the fact that contributions paid in respect of periods after the husband died are not reckonable under the legislation for the purposes of widow's pensions.
(Carlow-Kilkenny): Ba mhaith liom i dtosach tréaslú leis an Aire. Tá súil agam go n-eireoidh leis and that, as neighbours' children, we might have a good working relationship. When this scheme, under which widows of the self employed become eligible for widow's pension after three years contributions was introduced, the payments had to be made in November. Is it not being scrooge-like, if the husband had paid the three years's contribution in the November before he died, for the Department to say the widow cannot benefit until April? Considering that there are only about 70 widows in this position will the Minister, as an act of magnanimity on his first day in the Dáil as Minister for Social Welfare, have a serious look at their position?
First, I would like to thank the Deputy for his good wishes, coming as we do from a west Clare background we understand the problems that have to be dealt with in this Department. I am not clear as to what the Deputy has in mind in the question. There was some confusion because some persons thought that after the husband died they could continue to contribute and in this way become eligible. Certainly, a number of widows were under the impression that if they paid the balance of the contributions after the husband died this would entitle them to benefit. This mistaken impression was conveyed by some farm organisations also. If the Deputy wishes to give me particulars of the cases he has in mind I will certainly have them examined very closely.
(Carlow-Kilkenny): This issue arises for one group of widows only. Even though the three years contributions had been paid technically they are not being covered because the husband died before April.
I will communicate with the Deputy in respect of that matter.
