Dáil Éireann Debate, Tuesday - 16 April 2013
689. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will review the decision to refuse State pension in the case of a person (details supplied) in County Kildare; if consideration was previously given to partnership with their spouse in respect of a joint business venture; and if she will make a statement on the matter. [17608/13]
View answerThe State pension (contributory) claim of the person concerned has been reviewed and her employment history has been fully investigated. Her application was disallowed on 18 June 2012 as she has a total of 303 full-rate paid social insurance contributions (and an additional 26 credited contributions, which is insufficient to satisfy the minimum 520 full-rate paid contribution condition. Social insurance payable during her employment as a teacher from 1968 to 1969 would have been at the modified rate and cannot be used in the assessment for State pension (contributory) entitlement. A period of employment in 1971, even if deemed insurable, would not be sufficient to increase her overall record in order to satisfy the qualifying conditions.
It is open to anybody to apply for retrospective recognition of a commercial partnership. Spouses who have been actively engaged in a partnership may be brought into the social insurance system, subject to certain criteria. The Department has no record of the person concerned applying for recognition of a commercial partnership. If she wishes to make such application, she can do so to the Department’s Scope Section, Oisín House, 212-213 Pearse Street, Dublin 2. Her application will be investigated. If the existence of a commercial partnership is recognised, following the payment of any assessed self-employed PRSI liability, her State pension (contributory) claim will be reviewed and she will be notified of the outcome without delay.
