I propose to take Questions Nos. 41 and 50 together.
The issues raised by the Deputies refer to the position of self-employed people who were over age 56 on the extension of social insurance to the self-employed in April 1988.
To qualify for the old age (contributory) pension, a person must, inter alia, have entered insurance at least ten years before pension age. This condition has been a feature of the scheme since its introduction in 1961. The purpose of the condition is to link entitlement to a pension with a reasonable level of contributions to the Social Insurance Fund during the course of a person's career. This condition applies to all insured people.
Accordingly, self-employed people who became insured for the first time when social insurance was extended to the self employed in 1988 and who were then aged 56 or over would not qualify for the old age (contributory) pension. They may be covered for widow's, widower's and orphan's pensions subject, of course, to satisfying the normal qualifying criteria.
However, self employed people in that age group, who had been insured as employed contributors for any period prior to age 56 could qualify for the old age (contributory) pension as such insurance can be combined with insurance as a self employed contributor for old age pension purposes.
Refunds of the old age (contributory) pension element of the contribution may be made to those who entered insurance for the first time less than ten years before pension age and who fail to qualify for either an old age (contributory) or non-contributory pension. In the 1997 Social Welfare Act provision was made for self employed contributors, who entered insurance in 1988, but were already over the age of 56 at that time, and, who had previously paid social insurance contributions as an employee, to receive a refund of the pensions element of their self-employed social insurance, provided that they do not qualify for an old age (contributory) or non-contributory pension. Heretofore, their earlier contributions precluded them from receiving such a refund.